FEBRUARY 2026 | 17 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Every driver operating a motorized vehicle on a public road has agreed to follow a few rules. They have agreed to obey “the laws of the road” by following traffic signs and stoplights and operating their vehicles with due care. Drivers implicitly agree to abstain from engaging in reckless conduct or being inattentive while operating their vehicles. In Oklahoma, drivers agree to a test of their “blood, breath, saliva, or urine to determine the presence or concentration of alcohol or other intoxicating substances if arrested for offenses related to driving under the influence or if involved in a traffic accident resulting in serious injury or death.”2 Refusal to submit to the state’s test or having a blood alcohol content (BAC) of 0.02% or above if under 21 years of age or over 0.08% if over 21 years of age allows Service Oklahoma (SOK) to revoke their license for a period of 180 days if the arresting officer had reasonable grounds to believe the driver was operating the vehicle under the influence.3 The driver, after an arrest for driving under the influence (DUI), can contest administrative action by SOK by filing an appeal before the district court in order to keep their driving privileges.4 Winning an implied consent hearing, also known as a driver’s license appeal, is imperative for a driver to keep valid driving privileges without an interlock restriction. WHAT IS AN IMPLIED CONSENT HEARING? Implied consent hearings are administrative proceedings that occur after a driver is arrested for DUI or actual physical control (APC) of a motor vehicle if the arresting officer submits an officer’s impaired driving affidavit to SOK reflecting that the driver either refused to comply with the implied consent laws or had a BAC over the legal limit. These hearings are civil in nature and distinct from any criminal charges related to driving while under the influence of drugs or alcohol. However, the basis for the hearing arises from the criminal act of driving under the influence or APC. The primary purpose of these hearings is to determine whether a revocation of the driver’s license is justified based on specific statutory criteria. The hearing focuses on: That the officer had reasonable grounds to believe the person was operating a motor vehicle while under the influence; “A person’s claim to a driver’s license is a protectable property interest that may not be terminated without due process of law under the United States Constitution. Oklahoma’s Constitution provides no less protection.”1
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