Can I Challenge the DPS Interlock Requirement?
Yes, you are able to challenge the DPS Interlock requirement in Oklahoma; however, you should ready the following important information prior to making a decision to challenge the DPS Interlock requirement. Anyone arrested by law enforcement for a DUI or Actual Physical Control (“APC”) after November 1, 2019, is given notice of Revocation of Driving Privileges, which goes into effect 30 days after the arrest. Upon receiving this notice, a driver has three options: accept revocation, apply for the IDAP Diversion Program, or challenge the driver’s license revocation.
The first option concerning your driving privileges following a DUI or APC arrest in Oklahoma is to do nothing and accept your revocation. When you choose to do nothing, your driving privileges will be revoked for the applicable revocation period. For a first-time revocation your driver’s license will be revoked for 180 days or six months. However, if it is your second revocation, within ten years, your driver’s license will be revoked for one year. Additionally, if it is your third driver’s license revocation, your license will be revoked for three years following your DUI or APC arrest.
Apply for the IDAP Diversion Program
A driver arrested for DUI or APC can apply to the Impaired Driver Accountability Program (“IDAP”) through the Department of Public Safety (“DPS”). Each participate of the IDAP program is required to have an ignition interlock device installed on any vehicle that you drive for the duration of the revocation period, had you refused the opportunity to participate in IDAP. Upon successful completion of IDAP the revocation of your driver’s license will not appear on your driving record and you will not have to pay a reinstate fee. You will be issued a restricted driver’s license / restricted driving privileged during the IDAP program and will be required to pay an application fee of $250.
Unfortunately, there are consequences to to any violation of the ignition interlock device requirement, for example you can have the interlock device required timeline extended or potentially be taken out of the program. For more information on IDAP visit IDAP and DPS on our website.
Fight your Driver’s License Revocation
You are entitled to contest or fight your driver’s license revocation by filing a Petition in district court for the county where your DUI or APC arrest took place. You will be required to pay a filing fee that is roughly $200. Upon filing your petition and paying the filing fee, the court will set your petition for hearing to consider the issues presented in your petition and determine whether or not DPS has met its burden to sustain or keep the revocation following your DUI or APC arrest. Your revocation will be dismissed and your driving privileges will be returned, if the Court determines that DPS failed to meets its burden.
You will not be required to install an ignition interlock device following your DUI or APC arrest, if you win your appeal in district court. Additionally, your driving record will be cleared of the offense. The driver’s license matter is separate and apart from your criminal case related to your DUI or APC arrest. It is important to retain an experienced Oklahoma DUI defense attorney Oklahoma APC defense attorney to represent you through both processes and protect your interests.
However, if the court finds that DPS meets it burden to show your revocation was supported by the facts and law, your revocation will remain in effect. In order to drive, following losing a district court appeal, the court would have to grant you a modification to allow you to drive with the ignition interlock device on your vehicle during the period of revocation.
After the Revocation Period
Following the revocation period based on a DUI or APC arrest, you are required to submit to a Drug and Alcohol Assessment (“ADSAC”) and pay the DPS reinstatement fee. Following a revocation, the matter will be reflected on your driving record.
Contact – Cannon & Associates: Oklahoma Fierce Advocates for DUI Defendants
The Fierce Advocates at Cannon & Associates, have the experience you need to represent you and your loved ones in any Oklahoma DUI offense. We have successfully handled several cases in the past for clients facing every type of DUI offense, from first offense DUI or APC to vehicular manslaughter DUI or Felony DUI. We are well versed in the driver’s license revocation process, district court appeals, and IDAP. Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case strategy meeting about your DUI or driver’s license action.