Leach & Sullivan
580-255-1111

What happens after a drunk driving stop in Oklahoma?

Drunk driving laws in Oklahoma are very strict, so it behooves everyone to simply avoid driving if they've been drinking. Police officers who are on patrol are trained to spot impaired drivers, so it is possible that you will be pulled over even if you aren't intoxicated. The events after the officer pulls you over determine what happens next.

There are several points that you need to know if you are ever facing a drunk driving accusation in this state. All of these elements can play a part in the criminal case if you are charged with a crime.

What is drunk driving in Oklahoma?

The legal blood alcohol concentration percentage for drivers is .08 percent. Anything at or above this limit can result in criminal charges. For people who can't legally consume alcohol, the limit falls to .02 percent.

How is the blood alcohol concentration percentage determined?

When you are pulled over, the officer might ask you to take a field sobriety test. This test doesn't determine blood alcohol concentration. It only serves as a preliminary test that enables the officer to gather information about your ability to drive safely.

The blood alcohol concentration percentage is determined by a blood test or a breath test. The results of the test help to determine what happens next.

What happens after the testing is done?

After you take a breath test, you will receive an affidavit that contains critical information, including the notification that your driver's license and ability to legally drive will be revoked in 30 days. If the test results show that you weren't intoxicated, the revocation will be set aside.

An Order of Revocation is sent to you via mail if your blood test indicates that you were above the legal limit. This will have the date that the revocation will begin.

Can I appeal having my license revoked?

You can request an Administrative Hearing within 15 days of receiving the affidavit from the officer if you took a breath test. If you took a blood test, you have until the date on the notice you get in the mail. There are no exceptions made for these time limits. You can't request a hearing if you miss them so you must ensure you are in compliance with the current hearing request guidelines.

Facing a drunk driving charge in Oklahoma is tough because you have to worry about the criminal case, as well as the administrative penalties. Taking things one step at a time might help you to get it all done.

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Leach & Sullivan, Limited Liability Partnership
921 W. Main Street
P.O. Box 160
Duncan, OK 73534

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Phone: 580-255-1111
Fax: 580-255-5587