Major changes to Oklahoma’s DUI laws went into effect on November 1st, 2019 that fundamentally alter the way that driver’s license revocations are handled in the State.
When you get arrested for a DUI or Actual Physical Control, you now get notice that your driving privileges will be revoked in 30 days from the date of your arrest. The same applies if you refuse to do a breathalyzer or blood test. Gone are the administrative hearings in front of a DPS case officer. Instead, you have three options: You can do nothing, enter into an IDAP Diversion Agreement, or fight the revocation in district court.
If you do nothing, your license will be revoked at the end of the 30 days for a total of 180 days if it is your first DUI. If it is your second DUI within 10 years, the period of revocation is one year, and if it is a third DUI it will be three years. Revocation means that you are not allowed to drive for the period of your revocation.
IDAP is a completely new option added under the new law. The IDAP option is in addition to the other options that already existed under Oklahoma law.
What is IDAP?
IDAP stands for Impaired Driver Accountability Program. Under this program you can apply to the Department of Public Safety to still be allowed to drive, even after a DUI.
How does IDAP work?
To get on IDAP, you can apply to the Department of Public Safety (DPS). You will then have an Ignition Interlock Device installed in your car for the amount of time that your revocation would have been. That means 180 days for your first DUI, one year for your second, or three years for your third DUI.
The application fee for this program is $250 which is due upfront.
How do I apply for IDAP?
You have to send a written application to DPS within 30 days of getting your notice of revocation. You usually get notice the same day that you are arrested. This application will delay your revocation for 45 days initially.
If you are accepted for the program, you have to send DPS a signed agreement. At this point you will pay the $250 ($200 for the IDAP fee and $50 for issuing you a restricted license). Then you will have the Ignition Interlock Device installed in your car. All these things need to happen within 45 days of your arrest.
What are the benefits of IDAP?
Instead of having your license revoked you will still be allowed to drive as long as you have the Ignition Interlock Device installed. After the program has been successfully completed, the restriction on your license will be removed and no revocation will be shown in your driving record. You also won’t have to pay any reinstatement fees.
What are the possible downsides of the IDAP?
If you have a violation while you have the Ignition Interlock Device installed, the time you have to use the device may be extended by 60 days for each violation if your initial restriction was 180 days. If your initial restriction was for one year, each violation will lengthen your restriction by 120 days. And if your restriction was for three years, each violation will add one year to the restriction. You can, however, contest these violations by requesting a hearing.
You will also have to pay to have the Ignition Interlock Device installed and you will have to pay for the monthly maintenance. (Installation is usually around $75 and the monthly fee is around $75 as well).
DPS may also restrict the hours you are allowed to drive and they can require you to get a more expensive camera Ignition Interlock Device. You may also get removed from the program if you get multiple violations.
Can anyone participate in IDAP?
Only people with a class D driver’s license can participate in IDAP. Class D is your regular car driver’s license. That means people with a commercial driver’s license (CDL) cannot participate in this program.
How do I fight a Revocation?
You can fight a revocation by filing a petition in the District Court of the county where you were arrested. The filing fee is about $180. Your petition will be set for a hearing before a judge who will look at the facts.
The Department of Public Safety will have to prove that the revocation should remain. If the judge finds that DPS did not sufficiently prove its case, the revocation will be thrown out and you will have no restrictions on your license, and you will not have to use an Ignition Interlock Device.
If the judge finds that DPS did sufficiently prove that your license should be revoked, the judge will then revoke your license. If you still want to drive, you will then have to have the judge give you a modification to be allowed to have an Ignition Interlock Device installed during your period of revocation.
What is the difference from using an Ignition Interlock Device under IDAP and one ordered by a judge?
At the end of your revocation period you will have to submit to a drug and alcohol assessment and pay a reinstatement fee to DPS and the revocation will show on your public driving record for three years.
If you use the Ignition Interlock Device under IDAP, you will not have to submit to a drug and alcohol assessment, you won’t have to pay for reinstating your license and no revocation will show on your driving record.
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