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How to Get Your License Back After a DWI in Oklahoma
In Oklahoma, Driving While Intoxicated (DWI) is a serious criminal offense committed when an adult person operates a motor vehicle with a blood alcohol concentration (BAC) level of 0.08% or higher. A significant impact of a DWI offense in Oklahoma is that the driver's license may be suspended or revoked, resulting in the loss of driving privileges, fines, and, potentially, jail time. In Oklahoma, the Oklahoma Department of Public Safety (DPS) is responsible for issuing and managing driver's licenses and related matters.
Step 1: Know the Terms of Your Suspension
Based on state law, Oklahoma handles DWI-related license suspensions as follows:
- First-Offense DWI Suspension: A BAC of 0.08% or higher leads to a 6-month suspension.
- Second-Offense DWI Suspension: This depends on the BAC levels and specific case details. It is one year or higher.
- Chemical Test Refusal: One-year suspension for a first-time refusal and up to two years for additional refusals.
- Underage DUI: This applies to drivers under 21 years old with a BAC level of 0.02% or higher. Suspension is for 90 days for first-time offenders and one year for repeat offenders of very high BACs.
- Underage Chemical Test Refusal: Drivers under 21 who refuse to take a test face a one-year administrative suspension.
The Oklahoma State government provides additional information on license suspensions and reinstatement.
Step 2: Fulfill Court and DMV Requirements
Driving while intoxicated in Oklahoma may lead to state-imposed penalties through a criminal case from the court or an administrative case through the Department of Public Safety. A judge hands down criminal penalties, including fines of up to $1,000 for a first offense and higher amounts for aggravated or repeat offenses. Criminal penalties may also lead to jail time of up to one year, community service of up to 240 hours, and mandatory DWI education or treatment programs, which include alcohol assessments, driving school, and counseling.
Administrative conditions take effect immediately unless they are appealed within 30 days of the arrest and are based on BAC levels or refusal to submit to a test. Note that an administrative suspension is not the same as a court suspension and is independent of each other, such that it is possible to still lose a license even after winning the court case.
Step 3: Complete a DWI Education or Treatment Program
As part of the requirements to reinstate withdrawn driving privileges in Oklahoma, individuals convicted of DWI are generally required to complete specific programs to restore their driving privileges. The requirements are mandated by either the Oklahoma DPS or the courts and include:
- Drug and Alcohol Assessment: This is an approximately 1.5- to 2-hour face-to-face clinical interview mandated by both the court and the DPS. The cost is $175, and the provider typically must be a state-certified ADSAC assessor.
- Alcohol and Substance Abuse Course (ADSAC Course): The ADSAC course is mandated by both the DMA and the court based on assessment results. There are two versions as follows:
- 10-Hour ADSAC: This consists of three sessions, each approximately three hours long, totaling ten hours. The course is for $150 to $175 and typically provided by a state-certified provider.
- 24-Hour ADSAC: This is a two-hour session of a total of 12 sessions over 6 weeks. The provider typically must be certified, and the course typically must be completed within 180 days or six months.
- Victim Impact Panel (VIP): This is a court-mandated program for drivers convicted of DWI. The duration is approximately 1 to 1.5 hours, and the cost is typically about $75. The provider is a court-approved panel.
- Outpatient Counselling or Residential Treatment: The court mandates this based on assessment and findings. Duration and costs vary, but they may include weekly counseling or individually tailored inpatient treatment based on dependency levels.
These courses typically come with certificates that may only be obtained upon completion, serving as proof of achievement. These certificates are required for uses such as restoration of license, and failure to submit in some cases may lead to a violation of probation.
Step 4: Get SR-22 Insurance or Equivalent
In Oklahoma, a driver is generally required to file an SR-22 if their license was suspended or revoked due to a DWI, refusing a chemical test, driving without insurance, or other serious traffic violations. The SR-22 is required to reinstate a suspended license and to maintain driving privileges after a suspension.
Persons who require an SR-22 in Oklahoma may contact their auto insurance company to obtain one. The insurance company will send the form directly to the DPS, and applicants will get a copy. Charges for an SR-22 include the filing fee of around $15 to $25 with the Oklahoma Department of Public Safety. While the filing fee for an SR-22 is relatively low, drivers may see a 30-100% increase in their rates, with some drivers paying $ 1,000 to $ 3,000 more per year. Oklahoma requires drivers to maintain the SR-22 for three years from the date of license reinstatement.
Step 5: Pay Reinstatement Fees
Oklahoma State civil and administrative reinstatement fees for a DWI or refusal to test leading to suspension or revocation are as follows:
Fee | Amount |
---|---|
Processing | $75 |
Trauma-care assessment | $200 |
Additional Statutory | $15 |
Annual reinstatement | $25 |
Total per incident | $315 |
For non-DWI-related offenses, the fees are as follows:
Fee | Amount |
---|---|
Processing | $25 |
Reinstatement fee | $25 |
Total per incident | $50 |
Payees may use the Begin License Reinstatement portal online and pay using credit and debit cards. Payments may also be made by mail by sending in a check or money order to Service Oklahoma in Tulsa or Oklahoma City. Additionally, payments may be made in person at a local Service Oklahoma office using credit or debit cards, cash, or a money order.
Step 6: Submit Your License Reinstatement Application
To submit a license reinstatement application in Oklahoma, applicants may do so online, by mail, or in person. Completed forms may be submitted online from the Begin License Reinstatement portal, along with the required documents and payments made with a debit or credit card. In-person submissions may be made at any Service Oklahoma DMV office, provided the completed documents are submitted and payments are made with cash or a money order. Alternatively, applicants may submit via mail by including an original red-stamped certificate, a copy of the invoice, along with a money order or cashier's check to the Service Oklahoma mail address at:
Service Oklahoma
P.O. Box 11415
Oklahoma City, OK 73136
What If You're Denied License Reinstatement in Oklahoma?
A denial means that Service Oklahoma reviewed your license reinstatement request and determined that you have not met all statutory requirements. Usually, the most common reasons your reinstatement may be denied include:
- Unpaid fines, fees, or court costs
- Failure to complete the required programs
- Lack of proof of insurance or a gap in insurance coverage
- Monies owed in another state for license suspension or revocation
If you believe that the denial was in error or you have addressed the reason for the denial, you may request an administrative hearing with the DPS. Oklahoma law mandates that you submit a written request within 15 days of the date on your denial notice.
The DPS sets a hearing to determine if the denial should be upheld or the license should be reinstated. If the denial is upheld, you typically must wait out the revocation period before reapplying. If you win, the court orders the DPS to reinstate your license.
Hardship Licenses: Driving with Limited Privileges
Oklahoma does not offer a standalone "hardship license" for alcohol-related suspensions. Still, it does provide a Modified Driver License, sometimes referred to as a hardship permit, for certain non-DUI-related suspensions. According to Section 47-6-205 of the Oklahoma Statutes, individuals with revoked or suspended licenses may drive under limited conditions, such as for work, school, court-ordered obligations, or medical appointments.
Generally, eligibility for a hardship license depends on:
- Point suspension (1st offense)
- Passing a school bus with red lights flashing
- Non-alcohol drug offense
To apply for a Modified Driver's License, visit a Service Oklahoma Licensing Office location or complete the Information for Modified Driver's License form. Mail the form with the $175 application fee, a copy of the suspension notice, proof of insurance, and proof of identity and residency.
How Long Does It Take to Get Your License Back After a DWI?
The timeline to reinstate your driver's license after a DWI in Oklahoma varies based on your offense history, compliance requirements, such as completing the IDAP, and specific case factors, including a high BAC. Below is a realistic timeline.
Offense History | Standard Revocation Period | Minimum Interlock Duration | Estimated Time to License Reinstatement |
---|---|---|---|
First offense | 6 months | 6 months | Approximately 7-8 months |
Second offense | 1 year | 12 months | Approximately 14 months |
Third and subsequent offense | 2 years | 24 months | Up to 26 months |
Chemical refusal | 1 year first refusal and up to 2 years for repeat offenders | 18 months | Approximately 19 months for first-time offenders and 26 months for repeat offenders |
Underage DUI | 90 days | Not required | Up to 4 months |
Underage chemical test refusal | 1 year | Not required | Approximately 14 months |
