The Oklahoma Supreme Court has overturned a sweeping 2017 DUI law for due-process flaws and for violating constitutional single-subject requirements. The entire law was set aside before it even took effect. The decision means ongoing uncertainty for thousands of drivers accused of DUI – and police enforcing DUI laws – with regard to the procedure for contesting drivers license revocations after DUI arrests.
dui revocation oklahoma
James M. Wirth, Esq.
James M. Wirth, Esq. 
The Oklahoma Supreme Court handed down speedy trial guidelines for DPS drivers license revocation hearings, suggesting the hearings must be scheduled within 60 days after DPS receives a request for a hearing. But DPS has been notoriously reluctant to accept its losses. While the new precedent could pave the way for streamlined hearing process, we anticipate the DPS docket will remain clogged with cases the Supreme Court would likely dismiss but DPS will more likely refuse to let go until told to do so by a superior court.
James M. Wirth, Esq.
Tests Director Responds to Appeals Court Case The Oklahoma Board of Tests of Alcohol and Drug Influence will probably not seek emergency rules for approval of reference materials used in DUI breathalyzers throughout Oklahoma. The director of the state agency has declined to recommend emergency rule making in the wake of a November, 2015 decision […]
James M. Wirth, Esq.
An Oklahoma Court of Civil Appeals has upheld a trial court’s decision to toss out a police officer’s revocation affidavit because it was legally inadequate. The decision means the driver who appealed a DUI revocation gets to keep her Oklahoma drivers license after being arrested for DUI. The decision calls into question potentially thousands of […]
