Drivers Hardship License Law – General – Oklahoma
1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?
§ 47-7-505 allows any owner or operator whose license or registration has been suspended by the Department for failure to furnish security or for failure to satisfy a judgment to make application for modification of the order of suspension.
Under §47-755, the district court may modify the revocation or denial when it is determined by the court that the person whose license or permit to drive has been revoked or denied has no other adequate means of transportation and may enter a written order directing the Department of Public Safety to allow driving subject to the limitations of Section 6-205.1 (mandatory periods of revocation for subsequent offenses of implied consent or DUI laws) and the requirement of an ignition interlock device as provided in Section 754.1.
§ 47-6-211 allows an appeal of revocation or suspension of driving privileges. The district court may, in its discretion, modify the revocation as provided for in Section 47-755.
§ 47-754.1 provides that the Department of Public Safety, prior to an administrative hearing for a revocation or denial arising under the provisions of Sections 751[47-751] through 754[47-754] (implied consent, DUI) or under Section 6-205.1[47-6-205.1] (mandatory periods of revocation), may modify the revocation or denial when it is determined by the Department that no other adequate means of transportation exists for the person whose driving privilege has been revoked or denied.
Also, § 56-7-240.15 allows the Department of Human Services may, in cases of extreme and unusual hardship, provide for a modification of the revocation, suspension, nonissuance, or nonrenewal of the driver license and driving privileges of an obligor who is in noncompliance with an order of support
2. Is an agency hearing required before a hardship license is issued?
A hearing will be held under § 47-7-505. Persons required to be notified of the hearing may appear and resist the application. At said hearing the court shall take testimony concerning the hardship of the applicant, testimony of any interested party, and allow the driving and accident record of the applicant to be introduced into evidence by the Department of Public Safety. After hearing on the application, but not before, if the court finds that such suspension has resulted or will result in extreme and unusually severe hardship, seriously impairing the ability of the applicant to earn a livelihood, the court may modify, but not vacate, the order of suspension and the extent to which said applicant must comply with the provisions of Articles II and III of this chapter with respect to furnishing security or satisfying a judgment. If the court finds the order of suspension should be modified, then the court shall require that the applicant furnish proof of financial responsibility.
A hearing will also be held in an appeal of suspension or revocation under § 47-6-211
For hardship driving privileges to be issued under § 56-7-240.15, the applicant must request a hearing from the Department of Human Sevices. The request shall be made in writing within twenty (20) days of the date of service of the notice of intent of revocation, suspension, nonissuance, or nonrenewal of the license and driving privileges of the obligor.
3. Do prior offenses prevent me from obtaining a hardship license?
Yes. Under § 47-6-205.1, only first offenders of the DUI and implied consent statutes may have denial or revocation orders modified.
4. What are the requirements for getting a hardship license?
Under § 47-7-505, any owner or operator whose license or registration has been suspended by the Department for failure to furnish security or for failure to satisfy a judgment may make application for modification of the order of suspension to the district court of the county where such owner or operator resides.
The application shall contain the following:
1. The name and address of the applicant.
2. The date and location of the accident, names of any fatality or fatalities, names of persons injured, and/or names of persons whose real or personal property was damaged in said accident. 3. That applicant has failed to comply with the provisions of the Financial Responsibility Act by either failing to post security or to satisfy a judgment.
4. The facts creating an unusual or severe hardship impairing the ability of the applicant to earn a livelihood.
5. That applicant has initiated action to post proof of financial responsibility by a method enumerated in Section 47-7-320 of this title.
6. A true copy of the order of suspension attached thereto.
7. A verification by the applicant.
In an appeal of revocation or suspension of driving privileges under § 47-6-211, the petition shall be filed within thirty (30) days after the order has been served upon the person, except a petition relating to an implied consent revocation shall be filed within thirty (30) days after the Department gives notice to the person that the revocation is sustained.
5. Does a lifetime or mandatory revocation make you ineligible for restricted driving privileges?
Pursuant to § 47-6-205.1, mandatory revocations may not be modified.
6. Can minors receive limited driving privileges?
Yes, a student under eighteen (18) years of age, who does not meet the requirements of subparagraphs a through c of paragraph 1 of subsection A of this section or the requirements of subsection B of § 47- 6-107.3 (school attendance), may retain or be issued a driver license if:
a. the student is employed at least twenty-four (24) hours per week, and
b. the student’s employer verifies such employment on a form prescribed by the Department of Public Safety.