2018 Oklahoma Statutes
Title 47. Motor Vehicles
§47-6-205.1. Periods of revocation - Denial of driving privileges.

A. The driving privilege of a person who is convicted of, or receives a deferred sentence, or deferred prosecution agreement for any offense as provided in paragraph 2 of subsection A of Section 6-205 of this title, unless the person has successfully completed, or is currently participating in, the Impaired Driver Accountability Program in accordance with paragraph E of Section 6-212 of this title, shall be revoked or denied by the Department of Public Safety for the following period, as applicable:

1. The first license revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title shall be for a minimum period of one (1) year, which shall be modified; provided, any modification under this paragraph shall apply to Class D driver licenses only. Modification requires the issuance of a modified driver license and the continuous installation of an ignition interlock device or devices pursuant to Section 754.1 of this title for a period of not less than one (1) year immediately preceding reinstatement of the license. If the Department receives notice of any verified ignition interlock violations, as determined by the Board of Tests for Alcohol and Drug Influence, occurring within the last one hundred eighty (180) days of the revocation period, the revocation period shall be extended until such time the person completes a violation free one hundred eighty (180) day period;

2. A revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title, shall be for a minimum period of twenty-four (24) months, if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:

a.a prior revocation commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or a revocation because of a test result or test refusal, or previous enrollment or completion of the Impaired Driver Accountability Program pursuant to Section 6-212 of this title, or

b.the record of the person reflects a prior conviction in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 of subsection A of Section 6-205 of this title, and the person was not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction.

Such twenty-four-month period of revocation shall be modified; provided, any modification under this paragraph shall apply to Class D driver licenses only. Modification shall require the issuance of a modified driver license and the installation of an ignition interlock device or devices, pursuant to Section 754.1 of this title for a continuous period of not less than twenty-four (24) months immediately preceding reinstatement of the license. If the Department receives notice of any verified ignition interlock violations, as determined by the Board of Tests for Alcohol and Drug Influence, occurring within the last twelve (12) months of the revocation period, the revocation period shall be extended until such time the person completes a violation free twelve-month period; or

3. A revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title, or a revocation because of a test result or test refusal shall be for a minimum period of forty-eight (48) months if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:

a.two or more prior revocations commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or revocations because of a test result or test refusal, or previous completion of the Impaired Driver Accountability Program pursuant to Section 6-212 of this title,

b.the record of the person reflects two or more prior convictions in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 of subsection A of Section 6-205 of this title, and the person was not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction, or

c.any combination of two or more prior revocations, or previous completion of the Impaired Driver Accountability Program, or convictions as described in subparagraphs a and b of this paragraph.

Such forty-eight-month period of revocation shall be modified; provided, any modification under this paragraph shall apply to Class D driver licenses only. Modification requires the issuance of a modified driver license and the installation of an ignition interlock device or devices, pursuant to Section 754.1 of this title for a continuous period of not less than forty-eight (48) months immediately preceding reinstatement of the license. If the Department receives notice of any verified ignition interlock violations, as determined by the Board of Tests for Alcohol and Drug Influence, occurring within the last twenty-four (24) months of the revocation period, the revocation period shall be extended until such time the person completes a violation free twenty-four-month period.

B. The driving privilege of a person who is convicted of any offense as provided in paragraph 6 of subsection A of Section 6-205 of this title shall be revoked or denied by the Department of Public Safety for the following period, as applicable:

1. The first license revocation shall be for one hundred eighty (180) days, which may be modified; provided, for license revocations for a misdemeanor charge of possessing a controlled dangerous substance, the provisions of this paragraph shall apply to any such revocations by the Department on or after January 1, 1993; provided further, any modification under this paragraph shall apply to Class D motor vehicles only;

2. A revocation shall be for a period of one (1) year if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:

a.a prior revocation commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or a revocation because of a test result or test refusal, previous participation or completion of the Impaired Driver Accountability Program pursuant to Section 6-212 of this title, or

b.the record of the person reflects a prior conviction in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 or 6 of subsection A of Section 6-205 of this title, and the person was not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction.

Such period shall not be modified; or

3. A revocation shall be for a period of three (3) years if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:

a.two or more prior revocations commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or a revocation because of a test result or test refusal, previous participation or completion of the Impaired Driver Accountability Program pursuant to Section 6-212 of this title,

b.the record of the person reflects two or more prior convictions in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 or 6 of subsection A of Section 6-205 of this title, and the person was not a resident or licensee of Oklahoma at the time of the offense resulting in the conviction, or

c.any combination of two or more prior revocations as described in subparagraphs a and b or this paragraph.

Such period shall not be modified.

The revocation of the driving privilege of any person under this subsection shall not run concurrently with any other withdrawal of driving privilege resulting from a different incident and which requires the driving privilege to be withdrawn for a prescribed amount of time. A denial based on a conviction of any offense as provided in paragraph 6 of subsection A of Section 6-205 of this title shall become effective on the first day the convicted person is otherwise eligible to apply for and be granted driving privilege if the person was not eligible to do so at the time of the conviction.

C. For the purposes of this subsection:

1. The term "conviction" includes a juvenile delinquency adjudication by a court or any notification from a court pursuant to Section 6-107.1 of this title; and

2. The term "revocation" includes a denial of driving privileges by the Department.

D. Each period of revocation not subject to modification shall be mandatory and neither the Department nor any court may grant driving privileges for the duration of that period. Each period of revocation, subject to modification as provided for in this section, shall be modified as provided for in Section 754.1 of this title; provided, any modification under this paragraph shall apply to Class D driver licenses only.

E. Any appeal of a revocation or denial of driving privileges shall be governed by Section 6-211 of this title.

Added by Laws 1988, c. 242, § 2, eff. Nov. 1, 1988. Amended by Laws 1992, c. 217, § 11, eff. July 1, 1992; Laws 1993, c. 314, § 2, emerg. eff. June 7, 1993; Laws 1994, c. 2, § 15, emerg. eff. March 2, 1994; Laws 1994, c. 243, § 4, eff. Sept. 1, 1994; Laws 1996, c. 309, § 6, eff. Nov. 1, 1996; Laws 1999, c. 106, § 3, emerg. eff. April 19, 1999; Laws 2000, 1st Ex. Sess., c. 8, § 18, eff. July 1, 2000; Laws 2002, c. 86, § 4, emerg. eff. April 17, 2002; Laws 2003, c. 108, § 2, eff. Nov. 1, 2003; Laws 2004, c. 390, § 7, eff. July 1, 2004; Laws 2006, c. 311, § 18, emerg. eff. June 8, 2006; Laws 2007, c. 326, § 11, eff. Nov. 1, 2007; Laws 2009, c. 388, § 3, eff. Nov. 1, 2009; Laws 2010, c. 345, § 2, eff. Nov. 1, 2010; Laws 2011, c. 373, § 3, eff. Nov. 1, 2011; Laws 2013, c. 393, § 1, eff. Oct. 1, 2013; Laws 2017, c. 392, § 6, eff. Nov. 1, 2017.

NOTE: Laws 1993, c. 238, § 3 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.