§ 47-6-205 — Mandatory revocation of driving privilege.

Oklahoma § 47-6-205

• Jurisdiction: Oklahoma
• Title 47: Motor Vehicles

Text

A. Service Oklahoma shall immediately revoke the driving privilege of any person, whether adult or juvenile, upon receiving a record of conviction, in any municipal, state or federal court within the United States of any of the following offenses, when such conviction has become final: 1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle; 2. Driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, any violation of paragraph 1, 2, 3, 4 or 5 of subsection A of Section 11-902 of this title or any violation of Section 11-906.4 of this title. However, Service Oklahoma shall not additionally revoke the driving privileges of the person pursuant to this subsection if the driving privilege of the person has been revoked because of a test result or test refusal pursuant to Section 753 or 754 of this title arising from the same circumstances which resulted in the conviction unless the revocation because of a test result or test refusal is set aside; 3. Driving a motor vehicle during the commission of a felony; 4. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another; 5. Perjury or the making of a false affidavit or statement under oath to Service Oklahoma under the Uniform Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; 6. A felony conviction for unlawfully distributing, dispensing, manufacturing, trafficking, attempting or conspiring to distribute, dispense, manufacture, or traffic a controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act while driving a motor vehicle; 7. A misdemeanor conviction for a violation of Section 1-229.34 of Title 63 of the Oklahoma Statutes; 8. Failure to obey a traffic control device as provided in Section 11-202 of this title or a stop sign when such failure results in great bodily injury to any other person; or 9. Failure to stop or to remain stopped for school bus loading or unloading of children pursuant to Section 11-705 or 11-705.1 of this title. B. The first license revocation under any provision of this section, except for paragraph 2, 3, 6, 7, or 9 of subsection A of this section, shall be for a period of one (1) year. Such period shall not be modified. C. A license revocation under any provision of this section, except for paragraph 2, 3, 6, or 7 of subsection A of this section, shall be for a period of three (3) years if a prior revocation under this section commenced within the preceding five-year period as shown by the records of Service Oklahoma. Such period shall not be modified. D. The period of license revocation under paragraph 2, 3 or 6 of subsection A of this section shall be governed by the provisions of Section 6-205.1 of this title. E. The first license revocation under paragraph 7 of subsection A of this section shall be for a period of six (6) months. Such periods shall not be modified. F. The first license revocation under paragraph 9 of subsection A of this section shall be for a period of one (1) year. Such period may be modified. Any appeal of the revocation of driving privilege under paragraph 9 of subsection A of this section shall be governed by Section 6-211 of this title; provided, any modification under this subsection shall apply to Class D motor vehicles only. G. As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. H. Any person whose driving privileges are or have been canceled or denied pursuant to this section, except for paragraph 1, 2 or 8 of subsection A of this section, may file a petition for relief based upon error or hardship. 1. The petition shall be filed in the district court which notified Service Oklahoma. If the Notification originated in a municipal court, the petition shall be filed in the district court of the county in which the municipal court is located. A copy of the Notification and a copy of Service Oklahoma's action canceling or denying driving privileges pursuant to this section shall be attached to the petition. 2. The district court shall conduct a hearing on the petition and may determine the matter de novo, without notice to Service Oklahoma and, if applicable, without notice to the municipal court; provided, the district court shall not consider a collateral attack upon the merits of any conviction or determination which has become final. 3. The district court may deny the petition or, in its discretion, issue a written Order to Service Oklahoma to decrease the period of cancellation or denial to any period or issue a written Order to vacate Service Oklahoma's action taken pursuant to this section, in its entirety. The content of the Order shall not grant or purport to grant any driving privileges to the person; however, such Order may direct Service Oklahoma to do so if the person is otherwise eligible therefor. The petitioner is responsible for his or her own attorney fees. However, if the petitioner is granted relief for error, then the party that committed the error may be ordered to pay attorney fees and costs. Unless all persons or agencies the court had reason to believe may have had relevant information related to the court record and departmental action have been given notice of the petition, attorney fees and costs shall not be awarded against any party. In no event shall Service Oklahoma be liable for attorney fees and costs for suspending, revoking, canceling or denying a driver license based upon reasonable reliance on a notice from a court requiring the revocation, suspension, cancellation or denial of the driver license according to law.

Legislative History

Added by Laws 1961, p. 348, § 6-205, eff. Sept. 1, 1961. Amended by Laws 1982, c. 273, § 1, operative Oct. 1, 1982; Laws 1982, c. 294, § 1, operative July 1, 1982; Laws 1988, c. 242, § 1, eff. Nov. 1, 1988; Laws 1990, c. 219, § 32, eff. Jan. 1, 1991; Laws 1990, c. 286, § 1, eff. Sept. 1, 1990; Laws 1991, c. 309, § 3, eff. July 1, 1991; Laws 1992, c. 217, § 10, eff. July 1, 1992; Laws 1993, c. 238, § 2, emerg. eff. May 26, 1993; Laws 1994, c. 387, § 4, eff. July 1, 1995; Laws 1995, c. 1, § 16, emerg. eff. March 2, 1995; Laws 1995, c. 313, § 1, eff. July 1, 1995; Laws 1996, c. 309, § 5, eff. Nov. 1, 1996; Laws 1997, c. 148, § 3, eff. Nov. 1, 1997; Laws 1998, c. 293, § 1, eff. July 1, 1998; Laws 2000, 1st Ex. Sess., c. 8, § 17, eff. July 1, 2000; Laws 2003, c. 392, § 14, eff. July 1, 2003; Laws 2004, c. 149, § 6, eff. Nov. 1, 2004; Laws 2005, c. 1, § 50, emerg. eff. March 15, 2005; Laws 2006, c. 311, § 17, emerg. eff. June 8, 2006; Laws 2010, c. 233, § 1, eff. Nov. 1, 2010; Laws 2010, c. 333, § 2, eff. Nov. 1, 2010; Laws 2011, c. 299, § 2, eff. Nov. 1, 2011; Laws 2013, c. 279, § 1, eff. Nov. 1, 2013; Laws 2017, c. 392, § 5, eff. Nov. 1, 2017; Laws 2019, c. 400, § 3, eff. Nov. 1, 2019; Laws 2021, c. 487, § 3, eff. Nov. 1, 2021; Laws 2024, c. 11, § 10, emerg. eff. April 18, 2024. NOTE: Laws 1994, c. 243, § 3 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 2004, c. 49, § 2 repealed by Laws 2005, c. 1, § 51, emerg. eff. March 15, 2005.