Nick Rekieta – Livestream Q&A: How to lose a DUI case – Rekieta Law
Oklahoma Department of Public Safety
If your driver license is seized by the officer, they are required to send the license to DPS. If the officer fails to send your license to DPS, you must contact the law enforcement agency for whom the officer works and ask them to send it to DPS. If your driver license was seized and it was valid and unexpired at the time, the officer will indicate on your copy of the affidavit that the affidavit will serve as a temporary driver license for a period of thirty days. You may no longer drive unless you have received your driver license from DPS or you have been issued a modified driver license. You must wait until DPS returns your seized driver license or until you advised by DPS that you are authorized to obtain a replacement driver license.
If you need photo identification before you are you are authorized by DPS to obtain a replacement driver license, you may obtain an Oklahoma Identification card from DPS or from a tag agent at any time. If you do not want to participate in an Administrative Hearing to contest the revocation of your driving privileges and simply want to be able to drive during your revocation period, you may request a modified driver license instead of an Administrative Hearing. A modified driver license replaces your original Class D license and allows you to operate a noncommercial motor vehicle as long as the vehicle is equipped with an ignition interlock device. There is a $175.00 fee that must be paid to DPS to obtain a modified driver license, in addition to the costs paid to the interlock provider for installing and maintaining the interlock device. If you have already requested an Administrative Hearing, but change your mind and want a modified driver license, you may request a modified license at any time before the Administrative Hearing.
No. You may request a modified driver license at any time during the revocation period. The only way to be able to drive while your driving privileges are revoked as a result of driving under the influence of alcohol or any other intoxicating substance is to obtain a modified driver license. A modified driver license allows you to operate a vehicle that has an interlock installed. There are different consequences for holders of a commercial driver license who are arrested for Driving Under the Influence of alcohol or other intoxicating substances….
Last Modified on 08/08/2018.
Pennsylvania officials call for changes to DUI laws following medical marijuana legalization
Medical marijuana has been legal in Pennsylvania for over a year now. Experts say motorists with a legal prescription for medical marijuana can still face DUI charges if their blood tests positive for the chemical compound Tetrahydrocannabinol, or THC, which is found in marijuana. Even with the new state medical marijuana law on the books, federal law is clear when it comes to driving with any amount of THC in your system, said Ryan Sarkowski, a spokesman for Pennsylvania State Police. Criminal defense attorney Adam Sager said if a person can show they have a valid prescription for medical marijuana, it could be an exception to DUI law. Their blood test had better show the amount of medical marijuana in their system was within the prescribed dosage by a doctor.
Still, many agreed that work needs to be done in Harrisburg to address the medical marijuana legalization and other court rulings that have impacted enforcements of DUI laws. Given medical marijuana products will be considered a prescription medication, DUI law would have to reflect that. State Rep. Warren Kampf, R-157, and state Sen. Andy Dinniman, D-19, have heard the complaints about the current DUI laws and medical marijuana and generally agree that changes are necessary.
Dinniman said before the Legislature makes any move, he’d like to hear from the Medical Marijuana Advisory Board. The board includes the secretary of health; the physician general; state police commissioner; chair of the state Board of Pharmacy; commissioner of professional and occupational affairs; president of the Pennsylvania Chiefs of Police Association; president of the Pennsylvania District Attorneys Association; members to be appointed by the governor and six appointees from the legislative caucuses who are knowledgeable and experienced in issues relating to care and treatment of individuals with a serious medical condition, geriatric or pediatric or clinical research. Secondly, Dinniman suggested looking to other states that have had marijuana laws on the books to see what has worked for them that might work here. As lawmakers sift through solutions to these unanswered questions, Dinniman offered words of wisdom to those thinking of purchasing medical marijuana products.
The new Driving Under the Influence Law creates a tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements. The new law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension. High BAC. Highest BAC. Under the new DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category.
The following outlines specific components of the new law, and changes from the previous law that impacts DUI drivers. Out-of-state DUI convictions: No suspension for first offense; 12 month license suspension for second or subsequent offense. Ignition Interlock Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock on all vehicles owned before driving privileges can be restored. Employment Exemption:Under certain circumstances, ignition interlock restricted drivers may operate employer owned vehicles but only in the course and scope of employment.
Ignition Interlock Violations:Individuals convicted of driving without or tampering with the ignition interlock device will have their ignition interlock period extended 12 month from the date of conviction for the first offense and will have their driving privileges suspended for 12 months for the second or subsequent offenses. Individuals, whose driving privileges are suspended during the ignition interlock period for a non-ignition interlock violation, must complete the ignition interlock period upon restoration. Occupational Limited Licenses First time DUI offenders may be eligible for an OLL after serving 60 days of their suspension. Credit Individuals suspended for driving a vehicle not equipped with an ignition interlock device or driving under a DUI-related suspension, with a BAC of.02% or greater cannot receive credit for their suspension until jail time has been served.