The Ultimate Guide to Oklahoma’s New Impaired Driver Accountability Program (IDAP)
If you get a DUI, the State also begins taking steps to revoke your driving privileges. This process begins at the time of your DUI arrest or if you refuse a breath or blood test.
But don’t panic just yet if you find yourself in this situation. Thanks to a 2019 law change in Oklahoma, you have a new option available called the Impaired Driver Accountability Program, which is designed to reward DUI offenders who stay safe on the road.
By agreeing to participate in the program, you can keep your driving privileges during the time your license may otherwise be revoked for getting a DUI. That means not having to beg friends and family to drive you to work, spend piles of money on Uber and Lyft rides, or take the bus to the grocery store and medical appointments for months or even years.
All that’s needed to participate is to show good driving behavior as verified by your use of a digital ignition interlock device that’s installed in your vehicle. It records the presence of alcohol after you blow into the device. As long as you’re blowing cleanly, you’re permitted to drive during the period you would otherwise be banned.
Let’s review the facts first
When you’re arrested for driving impaired in Oklahoma, you face an array of consequences like jail time, probation, community service, fees, fines, and more.
But there’s also the threat to your driving privileges. After you’re arrested for a DUI, your right to drive may be revoked within 30 days if you take no action. This process begins automatically if your Blood Alcohol Content (BAC) is .08 or greater, or if you refuse a breathalyzer or blood test. You have the constitutional right to refuse these tests. But, the authorities may still take administrative actions against your driver’s license for that refusal, which is separate from any criminal charges you might face. Facing this kind of action, you have three options with respect to your license:
- You can fight the revocation in court. If you win, you won’t lose your license
- You can participate in IDAP
- You can do nothing, and your license will be revoked for a set period of time
If you take no action during the initial 30 days that you have to challenge a license revocation, your driving privileges are taken away for 6 months on the first DUI offense, 1 year for a second offense, and three years for a third offense.
So, what is IDAP?
Oklahoma’s new Impaired Driver Accountability Program went into effect in late 2019 and significantly changed the way that denials of driving privileges are handled in the State. It’s a so-called “diversionary” program that aims to minimize the consequences of a DUI arrest by diverting offenders from committing serial violations and/or other crimes (like driving without a license).
These are some of the benefits you can enjoy by agreeing to participate in IDAP:
- You can legally keep driving in a vehicle with an interlock device
- if you successfully complete the program, your license restriction will be removed and no revocation will appear on your driving record. You’ll also won’t have to pay any fees to have your license reinstated.
- If you voluntarily participate in IDAP, you will not have to submit to a drug and alcohol assessment at the end of the period of your agreement.
What does the process look like?
In order to benefit from IDAP, you must take action quickly. Your first step is to submit a written application to DPS (the agency responsible for overseeing motor-vehicle licenses in the State) within 30 days of your notice of revocation. We typically do this on your behalf if we are handling your DUI case.
After applying to participate, you must complete several steps within a period of 45 days that begin at the time of your arrest. You must sign an agreement that you will comply with the terms of the program. You must pay $250 in fees up front. And you must schedule and attend an appointment at a special service center to have the ignition interlock device installed.
These special service centers are located around the State and approved by the Oklahoma Board of Tests for Alcohol and Drug Influence. These centers are also responsible for regularly testing and calibrating the interlock device installed in your car.
Once agreeing to participate, the device will be present in your vehicle for 6 months on your first DUI, 1 year for your second, and 3 years for your third. For the device itself, you’ll pay a typical cost of $75 for installation and a monthly maintenance fee of about $75 dollars.
That translates to roughly $775 for a first-time DUI, $1,225 for a second DUI, and $3,025 for a third DUI.
At the end of your agreement, do not attempt to have someone remove the device for you. DPS will give you specific instructions on what steps to take next.
Is anyone eligible?
You are likely eligible unless you are a holder of a commercial driver’s license.
What if you violate the agreement?
If you violate the IDAP agreement, the amount of time the interlock device stays installed in your vehicle is extended.
If your agreement was 6 months, add on two more months for a violation. If your agreement was to have an interlock device for 1 year, add on four months for a violation. If your agreement was for three years, a violation can earn you another year of driving with the interlock device.
Have You Or A Loved One Been Arrested For DUI?
Good people make mistakes. A DUI arrest does not mean an automatic conviction, license revocation, or punishment. But, if you do find yourself accused of crime, you’ll want the best advocacy available to ensure your rights are protected. If you hire us, we will work with you to analyze every detail of your DUI case to minimize the impact it will have on you and your life, including whether IDAP is right for you. Contact us for a free consultation.