The Oklahoma Department of Public Safety is not following its own regulations in hearings to revoke the driver’s licenses of people arrested in drunken driving cases, several lawsuits filed by a former DPS attorney allege.
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Implied consent hearings
State law contains this language regarding hearings drivers may request after receiving a citation for driving under the influence of alcohol or other intoxicating substances: “Upon the written request of a person whose driving privilege has been revoked or denied by notice given in accordance with this section or Section 2-116 of this title, the Department shall grant the person an opportunity to be heard if the request is received by the Department within fifteen (15) days after the notice. The sworn report of the officer, together with the results of any test or tests, shall be deemed true, absent any facial deficiency, should the requesting person fail to appear at the scheduled hearing. A timely request shall stay the order of the Department until the disposition of the hearing unless the person is under cancellation, denial, suspension or revocation for some other reason. The Department may issue a temporary driving permit pending disposition of the hearing, if the person is otherwise eligible. If the hearing request is not timely filed, the revocation or denial shall be sustained.”
Source: State law of Oklahoma, Title 47, chapter 67, section 754.1