NOTHING KEEPS A DRIVER AND HIS LICENSE APART FOR LONG

No matter the body count, no matter the destruction and no matter the number
of the times they are caught, Oklahoma drunk drivers by law have a right to
drive.

Sometimes they may lose the right for a year, sometimes -- and at the
most -- for three, but never forever.

``You certainly don't give the gun back to the felon, but you give the car
back to the drunk,'' Tulsa Police Chief Ron Palmer said.

In reviewing thousands of DUI cases, the World has found some drivers who,
despite their deadly and repeat offenses, have been returned driving
privileges, bringing into question revocation practices and state law.

``You would think at some point, we have to draw the line. We just cannot in
good conscience license someone who has repeatedly abused the privilege of
driving in Oklahoma,'' Rep. James Hager, D-Pawhuska, said.

One drunk driver had his driving privilege returned to him 15 months after
he killed two people in a crash.

He's since had two felony DUIs and had his license revoked twice again.

States like Florida, by comparison, have implemented no-nonsense licensing
laws:

Anyone with three DUI offenses in 10 years may lose his license for 10
years.

offenders with four or more convictions or those who kill while driving may
lose their licenses for a lifetime.

``To have a sliding scale ultimately resulting in revocation for life,
especially when someone is injured or killed, is sound public policy,''
Oklahoma Gov. Frank Keating said.

In Oklahoma, only commercial driving privileges can be taken away for a
lifetime. But even those drivers may obtain a standard, or class D, driver's
license and return to the road.

Drivers who are convicted of manslaughter while driving drunk lose their
licenses for at least one year but no more than three.

In Oklahoma, a first DUI offense -- either failing or refusing to take a
blood- alcohol test -- with no prior alcohol violations within five years
leads to a revoked license for 180 days. With one prior offense in five
years, revocation shall last one year; with two or more prior offenses in
five years, revocation lasts three years.

But some drunk drivers never lose their ability to drive because the
revocation can be modified.

About 12 percent of all DUI license revocations -- 1,827 of about 15,800
annually -- are modified by the Department of Public Safety or district
courts so that offenders may legally drive, records show.

Drunk drivers with modified privileges must install an ignition interlock
device that requires the driver to pass a breath test before his car will
start.

The thief who puts gas in his car and drives off without paying for it faces
harsher sanctions -- a six-month or one-year revocation that can't be
modified.

Bernadette Huber, state executive director of Mothers Against Drunk Driving,
favors a mandatory loss of driving privileges for all drivers who are caught
drinking. Such used to be the case -- until representatives revised state
law.

``But a lot of people don't care if their license is revoked; they drive
anyway," Huber said. "This is the argument we face when we try to change
this.''

Some people argue that the penalties for driving without a license -- a
misdemeanor on conviction, a $500 fine and a year in jail at the most -- are
little deterrent.

Counties are reluctant to fill jails with illegal drivers, and many chronic
drunk drivers have long since lost their licenses, some law enforcement
officials said.

For repeat drunk drivers, the only ongoing licensing review that DPS
conducts aside from standard suspension practices is to classify drivers as
"excessive users."

This occurs if the driver racks up three drug-or alcohol-related violations
or administrative actions in five years. It triggers a review process to
determine if he is using alcohol or drugs.

DPS officials contend that they are aggressive with licensing issues but
under current law have little discretion.

``I will say, I've had enough people out here that seem to fear the loss of
a license more than the criminal prosecution. That can disrupt their home
life, their employment, more so than paying fines and community service,"
DPS hearing officer Peggy Farish said.

Checked-by: Rolf Ernst