Were You Arrested After Nov 1st 2019 for a DUI? Here’s What You Need to Know!
Were You Arrested After Nov 1st 2019 for a DUI? Here’s What You Need to Know!If you were arrested for DUI in Oklahoma after November 1st, 2019, you may be required to install an ignition interlock device in your vehicle if convicted, or as a result of the civil license process. This device functions like a “breathalyzer” in your car, attached to the dashboard. Before you can start your vehicle, you must blow into the device, which checks for alcohol in your breath. The ignition will remain locked until a breath sample with no alcohol is detected. The requirement to install the device can last anywhere from 180 days to three years, depending on the specifics of your DUI case in Oklahoma.
I have a DUI or APC Charge in Oklahoma. Do I Need an Ignition Interlock Device?
The answer depends on the outcome of both your criminal DUI or APC case, as well as the outcome of your civil matter related to your driver’s license. In 2019, Oklahoma passed the Impaired Driver Accountability Program, which mandates individuals who participate in the program must have an ignition interlock device installed in their vehicle. If you are convicted of a DUI or APC in Oklahoma at trial, or if you enter into a plea agreement, it’s possible that the court will order the installation of this device in your car.
In order to avoid the interlock installation, you must challenge the revocation of your license, the civil side of your DUI matter, by filing a District Court Appeal within 30 days of receiving your Notice of Revocation. Your notice of driver’s license revocation is typically part of the paperwork law enforcement provides you after a DUI or APC arrest in Oklahoma. However, even if you did not receive this paperwork following your DUI arrest or APC arrest in Oklahoma, the consequences of the revocation are still valid, if you do not initiate a District Court Appeal within 30 days. The next step is to avoid a DUI conviction or entering into any agreement that requires the installation of an interlock device.
What is an Ignition Interlock Device?
An ignition interlock device is a breathalyzer, alcohol detection device, installed in your car. It does not allow the vehicle to start unless a valid breath sample is submitted without alcohol in the sample. Additionally, after the car has started, the device will randomly require a retest (called a rolling retest) within 5-15 minutes of driving.
How does an Ignition Interlock Device work?
Ignition Interlock devices use fuel cell technology to detect alcohol. The alcohol in your breath causes a chemical reaction on a platinum electrode inside the device, which generates an electrical current; complicated, I know! This current is then measured and converted into a Blood Alcohol Content (BAC) reading. However, it’s important to note this technology is not as reliable or accurate as infrared spectroscopy, and improper procedures can lead to false positives. Our team can further explain this science and the potential for false positives to you and your family.
In Oklahoma, Ignition Interlock devices are set to detect a BAC of .025. If your BAC exceeds this level, the vehicle won’t start. If you fail three tests within 15 minutes, it counts as a violation and will be reported to your Ignition Interlock provider. The rolling retest is also set to .025, and if you fail, you must retake the test within 5 minutes. If you fail the retest, the car won’t turn off, but it will either flash the lights, emit a sound, or honk the horn, depending on the device, i.e. an embarrassing and unenjoyable process. Any violations must be reported to a monitoring center within five days.
You’ve Got Questions, We’ve Got Answers about Ignition Interlock Devices
If you’ve been charged with DUI in Oklahoma, we’re here to help guide you through the process. At Cannon and Associates, our team has the experience and knowledge to support you, whether it’s in court or with DPS license appeals.
Reach out to Cannon & Associates at 405-657-2323 for a free case strategy session, and let’s discuss how we can assist you in protecting your driving privileges.