Oklahoma enacts a law that experts call the biggest change to Oklahoma’s DUI regulations in decades. Starting November 1, 2019, DUI (driving under the influence) or implied consent offenders in Oklahoma will have a new option to keep their full driving privileges, with no sit-out period, following their conviction in court.
Under Oklahoma’s past requirements for DUI and implied consent offenders (drivers stopped by law enforcement under suspicion of impaired driving who choose not to submit to a breath or blood alcohol test), offenders had their driving privileges revoked by the Department of Public Safety (DPS) at the time of arrest for at least 30 days, and, once the case was adjudicated, typically for a full year, unless the offender requested a modification and the DPS or courts granted it.
Update to Oklahoma Law with IDAP
Now, Oklahoma will offer the Impaired Driver Accountability Program (IDAP), a program that gives DUI/implied consent offenders a chance to retain full driving privileges without drive’s license revocation. Oklahoma’s new law gives drivers a path to keeping full driving privileges by installing an ignition interlock device (IID), also called a car breathalyzer.
IDAP Timeline and Details
Here’s a breakdown of how the Oklahoma IDAP works, how DUI/implied consent offenders can participate in the IDAP and how the IDAP option is different from the past legal requirements for Oklahoma DUI/implied consent offenders.
The IDAP was created by Oklahoma Senate Bill 712, enacted May 15, 2019, and effective November 1, 2019. Under this new law, drunk driving or implied consent offenders in Oklahoma have the option to enroll in the Impaired Driver Accountability Program to accept responsibility for their actions, demonstrate to the DPS that they will not drive while impaired again and will safely travel public roadways, and maintain full driving privileges with an IID. Offenders are eligible to enroll in the IDAP if:
- They request to enroll within 30 days from their initial notice of license revocation date.
- DPS receives a $200 program administrative fee within 45 days from their initial license revocation date.
- They install an ignition interlock device and provide proof of IID installation to DPS within 45 days of the initial notice of license revocation.
- They are not otherwise ineligible for driving privileges in Oklahoma (typically due to a prior conviction) on the date they enter the IDAP agreement.
The IDAP is an alternative to fighting a DUI in the District Court of Appeals and potentially being subject to a license suspension. The appeals process is also time consumiming and expensive and keeps drivers from returning to regular daily activities for a longer period of time. IDAP offers drivers a faster alternative to spending more time and money on the court process.
The program also helps keep drunk driving offenders from getting behind the wheel after drinking again, thanks to the requirement for an ignition interlock device, which prevents the car from starting if there’s alcohol detected in the driver’s breath sample. Attorneys in Oklahoma applauded the move, saying the opportunity to install an IID and retain driving privileges is simpler and faster than extensive dealings with the court system during a revocation period.
Time Requirements for IIDs
Oklahoma SB (Senate Bill) 712 did not change the installation time requirements. However, Oklahoma now has compliance based removal which could extend the duration of any IID requirement if a client does not remain compliant during their program. As a review, the current requirements are:
- First DUI/Implied Consent Offense: 180-day IID requirement (or longer if modified) with 180-day Compliance-Based Removal.
- Second DUI/Implied Consent Offense within 10 Years: One-year IID requirement (or longer if modified) with 180-day Compliance-Based Removal.
- Third DUI/Implied Consent Offense with 10 Years: Three-year requirement (or longer if modified) with 180-day Compliance-Based Removal.
Restrictions for Opting Out
Any drivers who choose not to enroll in the IDAP or request a modification to their revocation will have their full driving privileges revoked for 180 days for the first offense, one year for the second offense within 10 years and three years for the third offense within 10 years. Drivers who choose not to participate in the IDAP may still request a modification of their driver’s license revocation from the DPS or courts, as under the old law.
Why IIDs Are Encouraged
The new law, however, stipulates that the DPS or courts shall grant a modification if requested. Once a modification is granted, drivers regain full driving privileges by installing an ignition interlock device in their car and keeping it for at least the duration of their revocation period.
Research shows IIDs are the most effective way to reduce drunk driving offenses and save thousands of lives every year. Oklahoma’s new DUI law is a step forward in making life simpler for drivers after a DUI or implied consent offense and in keeping its roads safe. Learn more about how IIDs save lives.