DUI defendants win appeal over revocation of licenses

Oklahoma’s appellate court has sided with three more drivers who had their licenses revoked after a DUI arrest, saying that the state waited too long before giving them a chance to defend the revocations in court.

In a combined ruling Wednesday, the Court of Civil Appeals said the three drivers were deprived of a speedy

trial; each of the revocation hearings began more than a year after the arrests. Presiding Judge Jack Goree wrote that in one case, the defendant’s “driving status was in limbo for a substantial period, impairing her ability to find employment.”

The license revocation cases are an administrative proceeding separate from any criminal charges that are filed.

Chief Legal Counsel Stephen Krise said he’s not surprised by the court’s rulings.

The Department of Public Safety has lost several similar cases since 2014, when the Oklahoma Supreme Court ruled that another driver arrested for driving under the influence had to wait 20 months before seeing a judge about his driver’s license. In Oklahoma, if someone is arrested for DUI and refuses or fails a sobriety test, the arresting officer confiscates the suspect’s license and begins revocation procedures.

Oklahoma City DUI attorney John Hunsucker said the agency has gotten better at moving new revocation cases through the system.

“They’re holding hearings within 60 days and

if not, licenses are being returned,” said Hunsucker.

In November, however, a new law will eliminate the need for revocation hearings. Krise said there’s hope the law will be a positive change for the agency.

In 2015, the department received more than 13,000 requests for administrative hearings split among seven hearing officers. That, plus the agency’s own budget and staffing woes, has exacerbated the problem. Lawmakers are now considering a 3.17 percent appropriations cut if they return in special session this year.

“The bottom line is that we rely on personnel and resources to perform the operations of the department and provide services to the public,” Krise said. “A reduction to DPS’ budget will certainly have a negative impact on our ability to effectively carry out these functions.”

Hunsucker and three other prominent DUI attorneys have sued to block the new law. In the lawsuit, they claim the bill violated Oklahoma’s single-subject rule and will lead to the taking and destruction of driver’s licenses without due process.

“The current system is actually working better than what the new law proposes,” he said.