Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

How does a modified driver’s license work?

On Behalf of | Jun 15, 2021 | DUI - Drunk Driving |

Individuals convicted of driving under the influence in Oklahoma likely realize they will face sanctions. Repeat offenders might lose their license and even face incarceration. Sometimes, the courts show leniency depending on the circumstances. Allowing a DUI offender to access a modified driver’s license might be an option in some cases.

The modified driver license agreement

A modified driver’s license allows someone to continue driving even when facing a revocation or suspension. A person who runs into trouble after an implied consent controversy could seek a modification, which requires asking the court to make a determination. DUI offenses aren’t the only situations where a driver may request a modified driver license. Someone who accumulates a significant number of points might do so as well.

A driver would seek a modified driver’s license from the Department of Public Safety, and the department could issue the license with restrictions. For example, the DPS may restrict driving to limited times or purposes.

When approved, the DPS may require drivers to install an ignition interlock device to help reduce the chances of an intoxicated driving taking to the road. One point bears mentioning: Certain drivers cannot apply for a modification, including those involved in a fatal accident, hit-and-run incidents and other offenses.

Petitioning for the modified license

Asking for a modified license does not automatically mean that a driver will receive relief. The DPS may deny the request, but that does not mean the driver has no options. He or she could seek action in the district court. The court examines the overall “big picture” to determine whether the driver is a risk to public safety. Applicants can expect their driving record to face scrutiny.

An experienced attorney may represent a driver in district court. After reviewing the case, the attorney may present compelling reasons why the driver requires a modified license.