You’ve had an auto accident, or been stopped by the police, or been arrested, or you’ve received a ticket. You may be wondering: will this be on my driving record? Will this affect my driver’s license?
There are certain crimes, where, if you are convicted, your driver’s license will be suspended. There are also other traffic violations, where, if you are convicted, your driver’s license won’t be suspended, but, you will get points on your driving record. If you get enough points, your driver’s license will be suspended. There are a few other situations, where, your driver’s license can be suspended even if you aren’t convicted of anything. Finally, the rules are stricter for minors (those under 18) – minors can have their licenses suspended more easily than adults. What follows, is a list and explanations of circumstances where, in Oklahoma, your driver’s license can be suspended. Note that this list is not exhaustive, and there may be additional circumstances under which your license may be canceled or suspended. If you are still unsure as to the cancellation of your license, consult an attorney.
Your driver’s license will be revoked if you are convicted of:
· Manslaughter or negligent homicide resulting from the operation of a motor vehicle
· Driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance
· Any felony during the commission of which a motor vehicle is used
· Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another
· Perjury or the making of a false affidavit or statement under oath to the Department under the Uniform Vehicle Code or under any other law relating to the ownership or operation of motor vehicles
· A misdemeanor or felony conviction for unlawfully possessing, distributing, dispensing, manufacturing, trafficking, cultivating, selling, transferring, attempting or conspiring to possess, distribute, dispense, manufacture, traffic, sell, or transfer of a controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act while using a motor vehicle
· Pumping gas into your vehicle, and leaving the premises of the service station without paying for it
· Abandoning property, that you have been hired to transport across state lines, without notifying the owner of the property
· Transporting someone under the age of 21, who is in possession of alcoholic beverages (You can only have your driver’s license revoked for this, if you own or operate a hired bus or limousine service)
· Failure to obey a traffic control device or a stop sign when such failure results in great bodily injury to any other person
· Failure to stop or to remain stopped for school bus loading or unloading of children
· Refusing to take a blood, breath, saliva or urine test for alcohol or other intoxicating substance (if you have operated a motor vehicle, and a law officer has directed you to take such a test)
· Being in actual physical control of a motor vehicle, if your alcohol concentration is 0.08 or more
· Being in actual physical control of a motor vehicle, if you are under 21 and have any measureable quantity of alcohol in your blood or breath
· Operating a motor vehicle while your ability is impaired by alcohol or any other substance which is “capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions”
· Creating, purchasing, issuing, selling, or displaying an insurance verification form which has altered or false information
· Operating a motor vehicle without insurance, or failing to carry an insurance verification form
· Failing to comply with the Compulsory Insurance Law in any other way
· Eluding or attempting to elude a peace officer
Note that, your driver’s license can only be revoked if you have been convicted, in court, of any of the above offenses. If you have received a traffic ticket, or have been arrested, that is not a conviction. If you are convicted, the clerk of the court where you are convicted, will send a notice of your conviction to the Oklahoma Department of Public Safety (DPS) the state agency that issues driver’s licenses. DPS will then revoke your driver’s license.
Under certain circumstances, your driver’s license can be revoked even if you have not been convicted of any crime. For example:
· If you have been issued a traffic ticket, and you fail to pay the fine or appear in court, then DPS will revoke your driver’s license.
· Also, if you are required to pay child support, and you do not pay, a judge, or the Department of Human Services, can send notice to DPS, and DPS will revoke your driver’s license.
· You can also have your driver’s license suspended (even if you have not been convicted in court) if DPS determines that you
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Used fraudulent information to apply for or obtain a driver’s license or ID card
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Lent your license or ID card to any other person, or knowingly allowed another person to use your license or ID card
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Displayed, or caused or permitted to be displayed, or possessed, a license or ID card issued to you, which bears altered information about your date of birth, expiration date, sex, height, eye color, weight, or license number
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Permitted any unlawful use of a license or ID card issued to you
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Displayed, or represented as your own, any license or ID card not issued to you
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Added to, deleted from, altered, or defaced the required information on a driver’s license or ID card
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Created, published, or otherwise manufactured, a fake driver’s license or ID card;
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Created, manufactured, or possessed paraphernalia for printing a fake driver’s license or ID card
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Displayed, or caused or permitted to be displayed, or knowingly possessed, a fake driver’s license or ID card
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Displayed, or caused or permitted to be displayed, or knowingly possessed, a driver’s license or ID card bearing a forged or fictitious signature
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Displayed, or caused or permitted to be displayed, or knowingly possessed, a driver’s license or ID card bearing a photograph of a person other than yourself
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Used a false name, made a false statement, of knowingly concealed a material fact, or committed fraud, when you applied for a driver’s license
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Assisted any other person in committing any of the above offenses.
· You may also have your driver’s license canceled if DPS determines that you
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Are not entitled to a driver’s license or ID card, or
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Failed to give the required or correct information in the application
If your driver’s license is canceled for one of the above two reasons, you may reapply for a driver’s license, if you are otherwise eligible.
The point system:
There are certain traffic offenses where, if you are convicted, you won’t lose your license, but, points will be placed on your driving record. If you have ten points on your record, your license will be suspended. Here’s how that works:
· When you first get your license, you start with a clean slate and have no points on your record.
· If you are convicted of a traffic violation, DPS places a number of points on your record. Click here to see the list of pointable traffic offenses, and how many points each offense is worth. (Note that, not all traffic violations are pointable. If you are convicted of a traffic violation that isn’t listed here, you won’t have points placed on your record. Note also, that, you don’t get points unless and until you have been convicted in court. If you have received a traffic ticket, or have been arrested, that is not a conviction.)
· If you get five or six points on your record, DPS may send you a warning letter.
· If you get seven, eight, or nine points on your record, DPS may send you a notice to appear for an interview. DPS may also may require you to take a Driver Improvement/Defensive Driving Course, take a review examination, submit medical reports, or do all of the above.
· You can reduce the points on your driving record. Here’s how to do this:
(1) Two points shall be credited to a person’s driving record upon successful completion of an approved Driver Improvement/Defensive Driving Course. Credit points shall be given once every twenty-four (24) months for completing an approved course, provided only one full course shall be acknowledged once every twenty-four (24) months.
(2) Two points shall be credited to a person’s driving record when the person has gone twelve (12) consecutive months without being convicted of any pointable violation.
(3) Upon the reinstatement of a person’s privilege to drive after a suspension, the points level shall be reduced to five (5) points or less.
(4) In addition to (1) (2) and (3) of this subsection, the point level shall be reduced to zero if a person is not convicted of any pointable traffic violation for three (3) consecutive years.
(5) The point level cannot be reduced below zero.
· If you get ten points on your record, your license will be suspended.
(1) For the first suspension, the suspension time shall be for one (1) month.
(2) For the second suspension, the suspension time shall be for three (3) months.
(3) For the third suspension time shall be for six (6) months. Such suspension shall not be subject to modification.
(4) For the fourth and subsequent suspension, the suspension time shall be for twelve (12) months. Such suspension shall not be subject to modification.
Minors
For minors (children under 18) the rules are different. If you are a minor, your license may be canceled under any of the following circumstances:
· DPS may cancel your license “at its discretion” (that is, whenever it wants to) for any unlawful act, negligence or misconduct while driving a motor vehicle.
· Your parents or guardian may ask DPS to cancel your license, and DPS will cancel your license.
· DPS must cancel your license if you drop out of school without lawful excuse.
· DPS must cancel your license if you are convicted of any crime, violation, infraction, traffic offense or other offense involving or relating to the possession, use, sale, purchase, transportation, distribution, manufacture, or consumption of beer, alcohol, or any beverage containing alcohol and to any crime, violation, infraction, traffic offense or other offense involving or relating to the possession, use, sale, purchase, transportation, distribution, manufacture, trafficking, cultivation, consumption, ingestion, inhalation, injection, or absorption of any controlled dangerous substance, or any substance which is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or other sensory or motor functions
NOTE: Under all of the circumstances listed above, you may have certain defenses, and ways to appeal your suspension. If your driver’s license has been suspended or threatened with suspension, it may be wise to consult an attorney to appeal or defend your case.