DUI Law Changes

IDAP - NEW OKLAHOMA LAWS 2019

Oklahoma’s DUI laws regarding driving privileges have changed. If you were arrested for a DUI or an APC (Actual Physical Control) on or after November 1, 2019 you will be given notice that your driving privileges will be revoked effective 30 days. At this point you have three options. Here’s the exciting news…one of the options is the new Impaired Driver Accountability Program (IDAP). If you successfully complete the program, the license revocation will not appear on your driving record and there will be no reinstatement fees. The other options are to challenge the charge in District Court and lastly, do nothing. Seeing how IDAP is the most affordable option, requires the least amount of your time and the revocation does not go on your record if successfully completed…IDAP is an easy choice!

WHY YOU SHOULD PARTICIPATE IN IDAP

  • It reduces the amount of fees you will be required to pay to the State.

  • It prevents any revocation as a result of your arrest from appearing on your driving record.

  • You may avoid the considerable time and expense involved in contesting the revocation action by the Department as a result of your arrest.

INTERLOCK REQUIREMENTS FOR IDAP

Under this program, you will have an ignition interlock device (IID) installed on any vehicle you drive and the interlock will stay on vehicle(s) for the same time period your license would be revoked. For example, if this is your first DUI/APC, your period would be 180 days. If this is your second or third DUI/APC within a 10 year span, your period would be one to three years respectively.

APPLYING FOR IDAP

  • Only Class D license holders can apply. If you have a CDL, you’re ineligible and must file an appeal with the District Court.

  • The arresting officer or DPS must give you a notice advising you of the availability of the IDAP.

  • Within 30 days from the date of the Notice of Revocation, DPS must receive your request for IDAP participation. DPS may approve exceptions to this 30 day requirement in limited circumstances.

  • If you mail your IDAP request, the post mark date will be considered the date DPS received the request.

  • You may also request participation in IDAP with a hearing officer at DPS.

  • You can not be otherwise ineligible for driving privileges on the date you enter the IDAP agreement.

  • Once IDAP participation has been requested, DPS will order a temporary stay on your driver’s license revocation that will expire at midnight on the 16th day after the IDAP request would have been due.

ENROLLING IN IDAP

  • Have an ignition interlocked installed on your vehicle. Call 1-800-548-3636 to schedule.

  • $200 must be paid to DPS and you must also supply DPS with proof of interlock installation within 45 days of the date notice was given.

  • Next, pay $50 to get your restricted drivers license for the period you are in IDAP.

  • Complete the IDAP agreement form.

  • Acknowledge receipt and review of the IDAP Participant’s Guide.

  • A DPS hearing officer must then sign the IDAP agreement.

  • Once all of the above are completed, you will successfully be enrolled in IDAP and this will mark your first day in the program.

  • Your program restrictions will continue through the last day of your IDAP. You are responsible for completing the entire IDAP before having the interlock removed.

MINIMUM TIME REQUIREMENTS FOR INTERLOCK

  • First offense - 6 months

  • Second offense - 12 months

  • Third offense - 36 months

For more information on getting an interlock installed, please call us at 1-800-548-3636. You can also request a quote online.

Oklahoma State Laws

Oklahoma has two sets of procedures that you must attend to when you have been charged with a DWI—administrative and judicial. We suggest that you consult with a DWI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

 

Administrative License Revocation (ALR) Procedures

Oklahoma is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DWI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.

You will be given a 15 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically remain suspended on the 16th day for 6 months. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court approved locations and emergencies. Oklahoma allows you to install an interlock device in lieu of suspension after 30 days.

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

 

Judicial Procedures

In Oklahoma, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .15% or higher, even on the first offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: 10 days to 1 year in jail, $1,000 fine and $100 assessment fee, 180 days license revocation, IF BAC ABOVE 0.15% an ignition interlock restriction for a period of 18 months following revocation or until driving privileges are reinstated, whichever is longer, and alcohol / substance abuse evaluation and treatment as required. Possible attendance at victim impact panel program.

  • Second Offence – Felony: 1 to 5 years in jail, up to $2,500 fine plus $100 assessment fee, 1 year license revocation, ignition interlock restriction for a period of 4 years following revocation or until driving privileges are reinstated, whichever is longer, and alcohol / substance abuse evaluation and treatment as required. Possible attendance at victim impact panel program, residential inpatient treatment, and electronic monitoring.

  • Third Offense – Felony: 1 to 10 years in jail, up to $5,000 fine plus $100 assessment fee, 3 years license revocation, ignition interlock restriction for a period of 5 years following revocation or until driving privileges are reinstated, whichever is longer, alcohol / substance abuse evaluation and treatment as required, and 240 hours community service. Possible attendance at victim impact panel program, residential inpatient treatment, or electronic monitoring.

  • Fourth and Subsequent Offense – Felony: 1 to 20 years in jail, up to $5,000 fineplus $100 assessment fee, 3 years license revocation, ignition interlock restriction for a period of 5 years following revocation or until driving privileges are reinstated, whichever is longer, alcohol / substance abuse evaluation and treatment as required, 480 hours community service, and supervision and periodic testing for at least 1 year. Possible attendance at victim impact panel program, residential inpatient treatment, or electronic monitoring.

 

Need an Ignition Interlock in Oklahoma? Start with Guardian Interlock.

Guardian Interlock offers complete installation and monitoring of an ignition interlock device on a wide range of vehicles to help you maintain compliance with Oklahoma driving restrictions.

  • Affordable – lowest overall prices in the state.

  • Accurate technology – no false positives.

  • Small, compact equipment.

  • Expert technicians to help you every step of the way.

  • Direct communication with the state monitoring authorities to reduce hassles and keep you in compliance with state reporting requirements.

  • Local customer service, so you’ve always got the support you need without the run around.

Get started now! Click here to find your closest Oklahoma service center or call 800.548.3636.