Tulsa Attorney BlogCan I Get a Work-Permit (Occupational Modification) After My License Was Suspended in Oklahoma?
By Staff, June 14th, 2021
The Answer Is Maybe
Video Transcribed: Can I get a work permit if my driver’s license is suspended in Oklahoma? I’m Tulsa Traffic Ticket Attorney, James Wirth and we’re talking about the rules from the Department of Public Safety, traffic violations and accumulation of points, and loss of driver’s license. In this case, we’re talking about, if you lose your driver’s license due to an accumulation of points, 10 points within five years, can you get an occupational modification or a work permit? The answer is maybe.
There is a process by which you can make that request, and you can have a hearing with the Department of Public Safety. It’s an informal or somewhat informal administrative hearing, and under some circumstances, they could allow a modification to allow you to drive to and from work. That is discussed, not in Oklahoma statute, but it’s actually part of the administrative code for the Department of Public Safety.
There are a few requirements. First off, sometimes there’s a prohibition against getting a work permit. If you’ve previously had your license suspended due to an accumulation of points from traffic convictions twice before, then you may be ineligible to get a modification now for a work permit.
So, it’s not going to be a danger to the public basically, if you’re allowed to drive with that work permit. You have to promise not to violate any state municipal codes for driving, and you have to agree to abide by all restrictions that are put upon you. Also, as part of that, as far as restrictions go, they could request another driver’s license examination. They could request that you complete a defensive driving or that you provide certain medical reports regarding your mental and physical fitness for driving.
With that done, the administrative hearing officer could make a determination that you’re granted a work permit, and that would allow you another restriction on your license that allows you to drive, but only to and from work for the purposes of your employment, so you can support your family.
Those are the hardship type of arguments that you would make if that’s your only able to make money, essentially working and to make a living requires you to transport. There are no other adequate means. If you can’t make money, you can’t feed your family.
That’s an extreme hardship, so you need a work permit or occupational modification for that purpose. Those are the things that would be argued. If you’ve got questions about that process, if you’re in that scenario where your license has been suspended and you want to see if you can get a work permit, you’re going to want to talk to an attorney about your circumstances privately. If you are facing a traffic violation in Oklahoma, you can go online to makelaweasy.com.
Yes, in many cases you will be able to apply for a “restricted” driving license. This will allow you to drive:
- To and from court ordered programs, such as DUI school; and
- Potentially (but not always) to and from work.
You must decide which kind of restriction to apply for at the time that you apply. If you want the privilege of driving to and from work, it may make your total license suspension longer than if you choose to drive only to court-ordered programs. But it can be worth it if not driving could mean losing your job.
Who Is Eligible for Restricted Driving Privileges?
Not everyone is eligible for restricted driving. You are NOT eligible if:
- Your license was already suspended or revoked for some other reason.
- You were also convicted of refusing to take a chemical test (blood or breath test) when arrested
- Your sentence includes a “hard suspension.” This applies to all second or third offense DUI’s within a 10 year period. You have to wait to apply for restricted driving privileges until the hard suspension period (one or more years) is up. An alternative is to agree to install an interlock device, which can shorten the hard suspension period.
- If you held a Commercial Driver’s License (CDL), there is no way to get restricted driving privileges for commercial purposes.
Note that if you lost your DMV hearing, you have to wait 30 days before you can apply for a restricted driving license.
How to Apply
Getting your restricted license will take time, but it’s not a difficult process:
- If you lost your DMV hearing, make sure it has been 30 days before you apply.
- Enroll in the DUI school or treatment program you were ordered to take. Ask them for proof of enrollment. You will need this document.
- Make sure your car insurance is up to date and get an SR-22 form. This will involve an increase in your insurance rates.
- Bring the proof of enrollment and the SR-22 to your local DMV office and apply. You will have to pay a $125 fee.
In some cases you may have to install an interlock device to get restricted driving privileges. If this is the case your sentence will clearly mention it. You will need to bring proof that you installed the device, along with the other documentation, when you apply.
Last, be aware that your restricted license will be revoked if you do not attend or complete your mandatory DUI program.
Navigating the rules for driving privileges is difficult. One of the most important things you can do in a DUI case is fight to keep your license or get the suspension to an absolute minimum. The best way to do that is to hire an experienced, dedicated DUI lawyer. Let us put you in touch with a Los Angeles DUI lawyer who’s right for your case. Simply fill out some basic details in the form to the right and get a FREE consultation today.