How soon you can get your driving privileges returned after a DUI depends on the circumstances of your DUI and how many DUI offenses you have. Too many DUIs or a DUI with aggravating circumstances will increase the time for license suspension and may even result in the permanent loss of your license.
As a general rule, getting your license back will include doing whatever the state says you have to do, in whatever time frame they set, and paying whatever it costs.
Two Authorities Can Revoke Your Driver’s License
When you get a DUI, you are facing a license suspension penalty under two separate authorities. The former Department of Public Safety (DPS), now Service Oklahoma, automatically suspends your license on suspicion of DUI. If you are convicted of the criminal charge, you may get an additional license suspension.
The good news is that administrative suspensions and criminal suspensions don’t stack, meaning you serve both at the same time. Or if the administrative suspension occurs first, it is generally allowed as a credit against a later criminal suspension.
When you are arrested, the officer usually confiscates your physical driver’s license and issues a temporary driving permit valid for 30 days. You have the right to appeal the suspension during the 30-day window.
Alternatively, during that same 30-day window, you can forgo your right to appeal and choose to complete the Impaired Driver Accountability Program (IDAP), which permits you to drive legally during the suspension.
If you pursue an appeal and lose, your license is suspended for 180 days. You must now complete IDAP to get your license reinstated. For the duration of your program (180 days for first offenders), you must have an ignition interlock device (IID) installed in your vehicle and comply with all program requirements.
Successful completion of IDAP pursuant to an administrative suspension will remove any reference to the suspension from your driving record. However, completing IDAP does not clear your driving record of a criminal conviction for a DUI-related offense.
When You Can Request a Modified Driver’s License
A modified driver’s license may be issued to drivers serving suspensions when denying the ability to drive would impose an unreasonable hardship on the driver, because no other adequate means of transportation is available.
The laws regarding who is eligible to obtain a modified driver’s license during a suspension period have changed in the last few years. For DUI arrests on or after November 1, 2022, applying to obtain a modified driver’s license means applying to enter the Impaired Driver Accountability Program.
To be eligible to apply for a modified driver license, applicants must:
- Have a valid (active) driver’s license from any state
- Provide proof that an IID has been installed in the vehicle to be driven
- Provide proof of current auto liability insurance
- Pay all requisite fees
Modified driver’s licenses are not generally available when an offense is DUI-related. A modified license may be permitted when the charge is driving while impaired (DWI) (test showed a blood alcohol concentration (BAC) less than .08), but there are no guarantees. Service Oklahoma is clear that it reserves the right to limit driving privileges as necessary to preserve public safety.
Reinstating Your Driver’s License in Oklahoma after a DUI Suspension
You can’t simply wait out your suspension period and then get your license back. Depending on the circumstances of your DUI, there are specific state requirements that must be met before your driving privileges will be reinstated.
- Successful completion of IDAP
- State-approved drug and alcohol assessment
- Completion of all recommended education and treatment programs
- Proof of financial responsibility
- Payment of reinstatement fees
Scheduling a free consultation with an experienced Oklahoma DUI defense attorney soon after a DUI arrest can help you coordinate what needs to be done in your situation so you can get your license back as quickly as possible.