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Court Challenge to New DUI Law

 

A lawyer in the Oklahoma governor's office says Gov. Mary Fallin will address a lawsuit over the constitutionality of a new drunken driving law in court.

Fallin signed the law June 8. It abolishes the appeals process for people trying to keep their licenses after being arrested for DUI and takes effect Nov. 1. Fallin later issued an order allowing an administrative hearing if the Department of Public Safety plans to take a person's license.

The lawsuit filed Monday by four attorneys alleges the new law denies a person the right to due process.

General counsel James Williamson says the state Constitution gives Fallin the power to direct the Department of Public Safety. Williamson says the executive order clarifies that the governor expects the department to follow the decisions of the Oklahoma Supreme Court on due-process protections for drivers' licenses.