Is Driving Under Suspension in Oklahoma a Crime and Can I go to Jail

Driving Under Suspension in Oklahoma is a common traffic offense in Oklahoma. Yes, driving while your driver’s license is suspended is a crime. While it’s a misdemeanor, each time you drive with a suspended license is considered a separate offense. Most cases are handled in the Municipal Court in the city where the ticket is issued. Sometimes though, the case is decided in the district court for the county where the offense occurred.

Basics Of License Suspension

When your license is suspended, you are supposed to surrender it to the Department of Public Safety. If you are convicted of a crime that requires a mandatory suspension, the court will order you to surrender it. If your license is suspended by the Department of Public Safety, the department will notify you that you need to surrender it. You can be convicted of driving under suspension if you still possess your suspended license, even if you haven’t actually driven anywhere.

A license that is suspended in another state is considered suspended in Oklahoma as well. Conversely, if you have a license in another state, you cannot drive under that license while your Oklahoma license is suspended.

Your license can also be suspended if you are out on bond for a crime that carries a possible suspension and your bond is forfeited because you don’t comply with the requirements of your release.

Penalties For Driving Under Suspension

How much you can be punished for driving under suspension in Oklahoma depends on why you were originally suspended and how many times you’ve been caught driving under suspension. For a garden-variety suspension, such as accumulating too many points, driving under suspension is punishable by fine, imprisonment, or both. You can be incarcerated for up to a year. The amount of the fine depends on how many convictions you have for driving under suspension. Your first conviction, the fine will be $100-$500. For a second conviction, it will be $200-$700. For three or more convictions, you can be fined $300-$1000.

A person who drives a Class A, B, or C commercial vehicle while under suspension can be convicted of a misdemeanor, incarcerated for up to one year, and fined $100-$500.

If your license was originally suspended because you were convicted of manslaughter or negligent homicide arising from a car accident, the fines are higher. A first conviction can bring a fine of $500-$1000, a second conviction is $1000-$2000, and a third is $2000-$5000.

Additional Suspension Time

In all cases, a conviction for driving under suspension will result in additional time being tacked on to your suspension. In most cases, the state will add three months to your suspension. If your license was originally suspended due to a conviction for vehicular homicide, driving under the influence, or driving a motor vehicle while committing a felony, the state will add four months. If you caused an accident while driving under suspension, the state adds an additional year.

Inaccurate Charge

If you have been charged with driving under suspension but your driving privileges were properly restored, you can go to court any time before your court date and produce your renewal or replacement driver’s license. Your charge will be dismissed, and you will not have to pay court costs. The same is the case if you are caught driving without a license rather then under suspension.

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Oklahoma Driving Under Suspension Attorneys

If you are facing charges for driving under a suspended license in Oklahoma, contact a Tulsa lawyer promptly. A lot is at stake with this type of offense, including the long-term suspension of your driving privileges. You will want a skilled Oklahoma attorney in your corner to defend you and to protect your rights. Get in touch with the criminal defense lawyers at Kania Law Office. Get a free consultation by calling (918) 743-2233 or by contacting us online.