According to a new court ruling in Oklahoma, DUI offenders could be getting
their driver's licenses back. This decision comes after Oklahoma criminal
defense attorneys said their clients’ constitutional rights to a
speedy trial are being violated.
If someone is arrested for DUI in Oklahoma, the criminal aspect of his
or her case is handled through criminal court. Also, there is an administrative
hold placed on their license, with the DMV. DUI offenders have the option
to request a hearing to reinstate their license if they notify the Department
of Public Safety within 15 days from the date they received notice. If
they request this hearing, the revocation of their license is stayed.
It will not go into effect until their administrative hearing is completed.
According to Oklahoma criminal defense attorneys, the Department of Public
Safety is so backlogged that some DUI offenders are waiting up to two
years for their administrative hearing.
The Court of Civil Appeals found that while keeping drunk drivers off the
roads is important, so are upholding the constitutional right to a speedy
trial. Currently, the average time DUI offenders are waiting for their
hearing is between 10-15 months. The Court of Appeals did not set a specific
time frame for what was too long to wait, but the cases they found were
DUI offenders had waited too long were more than 12 months.
If you have been waiting for more than 12 months for your DMV hearing,
Sapulpa criminal defense attorney to discuss your situation. This ruling could apply to your