Oklahoma City news anchor Amanda Taylor did a story last night about whether the Fair DUI flyer would work in Oklahoma.
In that story she quoted Captain Curt McKean:
“There are those who are going to test you from time to time,” said Captain Kurt McKean with the Oklahoma Highway Patrol. “Circumventing a checkpoint by holding your driver’s license in the window will not work.”
McKean is the statewide impairment driving enforcement coordinator with the OHP and works DUI checkpoints throughout Oklahoma. He says the law requires you to physically hand over your information.
“State law in the state of Oklahoma, Title 47, requires you any time that you’re stopped by a police officer, not just a state trooper, any law enforcement officer in the state of Oklahoma, you’re required to present a driver’s license and a valid ID,” Capt. McKean said. “We need to physically look at that driver’s license to make sure it’s not been altered, to make sure it actually is their driver’s license.”
We’re sorry to report that Capt. McKean is lying. Oklahoma’s Title 47 does not require drivers to “physically hand over” documents. Title 47, Section 6-112 states:
Every licensee shall have his or her driver license in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon demand of a peace officer.
The statute says “display.” In some states the laws require drivers to “surrender” their documents. While we believe such statutes unconstitutionally infringe on the Fourth Amendment, that doesn’t matter in Oklahoma because the statute doesn’t say it.
Inspired by this story, we have created a Fair DUI flyer for Oklahoma. As always, we encourage drivers to discuss this with a local attorney before using it.