DUI Law Changes – The new 10 Year Revocation Period

A new law will into effect in Oklahoma in a couple of months. A first-offense violation of “drunk driving” results in a 6-month revocation of a person’s driver’s license. However, this revocation can be “modified” to allow a first-time offender to drive during that 6 month’s period of revocation so long as the driver is operating a vehicle with a Safety Interlock device, commonly referred to as a “breathalyzer”, installed on the vehicle. This device requires the driver to breathe into a tube to provide the machine an alcohol-free breath sample before the car will start.

An alcohol offense or “drunk driving” offense that would trigger such a 6-month’s revocation is either (a) a conviction for Driving or Being in Actual Control of a Motor Vehicle While Under the Influence of Alcohol (or Drugs) or (b) a breath or blood test result from the driver with is at or above the 0.08% level of Blood Alcohol Concentration .

So much for the first time offender. Second offense revocation does not allow any modification of the revocation, and it is for one year, not 6 months. But, until recently, the second offense had to occur within five years of the first offense to qualify as a second offense. Now, the new law will extend that period of time within which a second offense will trigger the No Modification rule to Ten Years. Any second offense within 10 years of the first offense will take the driver’s license for one year, and will allow no modification to permit driving with the Safety Interlock System in the vehicle.

Does this new law with 5 additional years really discourage illegal drinking and driving? How many drivers know about it when they take the wheel of a car?

And, if such revocation without any modification for one year means a driver will be without a job, will the law really keep the driver from driving anyway? The law can dictate a driver “get another job” that does not require driving, but is that a reality in Oklahoma, which has absolutely no public transportation available?

Wouldn’t it be better to offer such drivers the option of driving lawfully for the year so long as their alcohol intake is regulated by the Safety Interlock System in their car rather than to make them take the choice of not driving at all or instead simply ignore the whole system and take their chances of getting caught driving illegally?

Again, this new law is a reminder of how important it is for anyone who is charged with a DUI to find out how to protect their future. That’s why you should seek out education about how the process works and how to make the best informed decisions….. which is why I urge anyone in that situation to go to my website at http://www.edmondgeary.com and order my “Ultimate Protect Your Freedom” Kit.


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