My question involves criminal law for the state of: Oklahoma
Back in early 2014, I was arrested for DUI ( my second one in ten years ). Later that year, I received a one year suspended sentence but hadn't heard anything concerning my driver's license.
Earlier this year, my lawyer received a letter saying that I could apply for a modified license, and since I had pleaded guilty to the DUI, it wouldn't make a ton of sense to try to fight to save my license. I opted for the modified license and obtained the needed documentation needed to get my modified license. My license became suspended for one year with an ignition interlock system to be installed in my vehicle. However, what wasn't explained to me nor my lawyer was the additional 48 months AFTER I reinstate my license, which was news to me. Needless to say, I was frustrated because aside from being blind sided, I don't like the idea of having an IID installed in my vehicle for five years ( mostly due to what I heard that it slowly drains your car battery, and today I had a scare as the device randomly went off on the highway and it wasn't able to read my breath ). I can do the year, no problem. I expected that. An additional four years after that? Not at all expected that.
Why I'm on here is I was reading on various government/lawyer websites in Oklahoma reading up on the punishment for DUI offenders, and this is what I read: If it is a first revocation (180 days) and the person refused to take the test or had a .15 BAC or more, after reinstating the license, the person will be required to install an ignition interlock device on the person's vehicle for an additional 18 months after. If it is a second or third revocation within a ten year period, the additional interlock requirement after the 1 or 3 year revocation is 4 years or 5 years. My first DUI was in late 2009 and I remember blowing, which resulted in a .13-.14. I know it didn't exceed .15 and I was never required to have an ignition interlock system installed after I reinstated my license. My question is since I refused this time around, even though it is my second DUI, shouldn't I be given less than the 48 months? Is this something that my lawyer and I should pursue or is there not a ton that can be done?
Any advice ( as well as any Ignition Interlock Laws information that can't be found online ) would be greatly appreciated.
Back in early 2014, I was arrested for DUI ( my second one in ten years ). Later that year, I received a one year suspended sentence but hadn't heard anything concerning my driver's license.
Earlier this year, my lawyer received a letter saying that I could apply for a modified license, and since I had pleaded guilty to the DUI, it wouldn't make a ton of sense to try to fight to save my license. I opted for the modified license and obtained the needed documentation needed to get my modified license. My license became suspended for one year with an ignition interlock system to be installed in my vehicle. However, what wasn't explained to me nor my lawyer was the additional 48 months AFTER I reinstate my license, which was news to me. Needless to say, I was frustrated because aside from being blind sided, I don't like the idea of having an IID installed in my vehicle for five years ( mostly due to what I heard that it slowly drains your car battery, and today I had a scare as the device randomly went off on the highway and it wasn't able to read my breath ). I can do the year, no problem. I expected that. An additional four years after that? Not at all expected that.
Why I'm on here is I was reading on various government/lawyer websites in Oklahoma reading up on the punishment for DUI offenders, and this is what I read: If it is a first revocation (180 days) and the person refused to take the test or had a .15 BAC or more, after reinstating the license, the person will be required to install an ignition interlock device on the person's vehicle for an additional 18 months after. If it is a second or third revocation within a ten year period, the additional interlock requirement after the 1 or 3 year revocation is 4 years or 5 years. My first DUI was in late 2009 and I remember blowing, which resulted in a .13-.14. I know it didn't exceed .15 and I was never required to have an ignition interlock system installed after I reinstated my license. My question is since I refused this time around, even though it is my second DUI, shouldn't I be given less than the 48 months? Is this something that my lawyer and I should pursue or is there not a ton that can be done?
Any advice ( as well as any Ignition Interlock Laws information that can't be found online ) would be greatly appreciated.
Sentencing: Ignition Interlock System Law
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