A coalition of attorneys are taking action against Oklahoma DUI legislation passed June 8. The group filed a 10-page lawsuit Wednesday at the Oklahoma Supreme Court.
The lawsuit alleges the new law violates the due process of rights of Oklahomans.
Attorney Brian Morton specializes in DUI offenses, he said the new law will impact drivers arrested for DUI or suspected of any kind of impaired driving.
“It requires the law officers to take someone’s driver’s license and send it to DPS where it is immediately destroyed,” said Morton.
The driver will not receive a Department of Public Safety hearing before their license is destroyed. Attorney Sonja Porter, one of the attorneys on record said Gov. Mary Fallin changed that part of the legislation.
“She attempted to line item veto it through an executive order, which she cannot do,” said Porter. “Therefore, this bill was not truly approved. She recognized there were problems with the bill.”
Other changes to the law include the refusal of a breathalyzer test. Attorney Bruce Edge, lawsuit petitioner explains that part of the new law.
“The officer decides he wants you to take the test, you say what a lot of people might say, ‘I want to talk to my attorney,’ said Edge. “The officer could easily and probably will deem that as being a refusal. Now you have committed a separate crime in the process.”
The lawsuit is also challenging the interlock device requirements. A driver arrested a second time on suspicion of DUI will be required to have an interlock as a condition of their bond from jail.
The new law takes effect Nov. 1.