A short deadline applies to certain license challenges
A person challenging a covered license revocation based on a test refusal or test result must petition a district court within 30 days of notice, according to the Oklahoma statute governing appeals of driving-privilege decisions. While the appeal is pending, Service Oklahoma must grant or restore driving privileges if the person is otherwise eligible. If the court finds the agency’s order unjustified, it may set the order aside and direct that privileges be restored, subject to eligibility.
That appeal timetable is separate from the criminal case. Oklahoma Watch reported that Gaylene Ricketts was still waiting for the outcome of her criminal case during the period to challenge her license revocation. She believed the criminal case would affect the licensing matter, and the appeal deadline passed before she challenged the revocation, according to the outlet’s account.
Refusing a test can trigger administrative penalties
A refusal to take a blood-alcohol test can lead to license consequences apart from criminal prosecution. Oklahoma Watch reports that a first refusal brings a revocation of at least 180 days. To regain a license, a driver must complete the Impaired Driver Accountability Program and an alcohol and drug substance-abuse course, the outlet reports; those requirements do not depend on a prosecutor filing a criminal charge.
The criminal and licensing processes also use different standards, according to Oklahoma Watch’s reporting. A criminal prosecution requires proof beyond a reasonable doubt. In the administrative process, the officer must have reasonable grounds to believe the person was driving under the influence. The outlet reports that a refusal-based revocation also depends on whether the person was arrested, refused the test, and was told refusal could cost their driving privileges.
Ricketts’s criminal case ended without charges
Oklahoma Watch reported that Ricketts was stopped in El Reno over an alleged stop-sign violation, took a field sobriety test and refused a breath test. After being released on bond, she went to a hospital and learned she was having a stroke. Months later, the district attorney declined to file criminal charges, citing her medical episode, the outlet reported.
The licensing consequences continued, according to Oklahoma Watch: Ricketts had paid more than $2,000 in fees, attended hours of drug and alcohol abuse counseling, and still had to use an ignition interlock device to start her car. Oklahoma Watch’s reporting is the source for these details about Ricketts and for much of the description of the state’s administrative process; this account does not independently verify them.
