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An individual charged with DUI in Oklahoma will also be facing a parallel DPS(Oklahoma Department of Public Safety) administrative hearing. These hearings, which must be requested within 15 days of arrest, are held for the purpose of deciding whether to uphold a suspension of the defendant’s driver’s license.
DPS suspensions are authorized by Oklahoma implied consent law. The Oklahoma implied consent law states that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence(or was in Actual Physical Control), then you consent to taking a chemical test of your blood or breath for the purpose of determining your blood alcohol content (BAC). In other words, by obtaining a driver’s license in Oklahoma, an individual is giving implied consent to be tested for alcohol and/or substances if an officer has probable cause to believe the individual has been driving under the influence.
There is a standard series of questions asked when an individual is being requested to submit to testing. The questions are as follows:
If you have questions regarding a DUI arrest, actual physical control, a DPS license suspension, or implied consent in Oklahoma, contact our Tulsa DUI Attorney at (918) 216-9644. We have consultations and have payment plans available.