How do I enroll in the IDAP program if I have been charged with DUI in Oklahoma
On the 1st of November, 2019, Oklahoma’s driving under the influence (DUI) laws were updated, changing the way that driving privileges are impacted by an arrest for driving while intoxicated.
Now, if a person is arrested for a DUI or Actual Physical Control (APC) crime, they will receive a notice stating that their driving privilege will be revoked within 30 days. The accused will then have the opportunity to enroll in the impaired driver accountability program (IDAP) if they wish to continue operating their vehicle.
This article will explain how to enroll in the IDAP program to restore driving privileges after a DUI arrest in Oklahoma. However, if you have experienced a DUI arrest, it is also a good idea to speak to an experienced DUI defense attorney. They may be able to help you decrease the consequences of your accusations and will provide a legal plan tailored to your situation.
For more information about how the lawyers at our law firm can help with your specific DUI arrest case, call us today for a free consultation at 405-591-3935.
How To Apply For The Impaired Driver Accountability Program
To apply for the impaired driver accountability program (IDAP), you must submit an application to the Department of Public Safety (DPS) within a period of 30 days of receiving the notification that your driver’s license has been revoked. The post mark date will be considered the date of your application to protect you from postal delays.
Unfortunately, approval is not automatic and it is possible that you will be declined if you have a particularly egregious record of driving while intoxicated or other reckless driving charges.
If you are approved, you must then register with the Department of Public Safety and pay a registration fee. The registration must take place within 45 days of you being accepted. The registration fee will be $200 and you will also have to pay an additional $50 for the special restricted license that will allow you to drive again.
What Does the IDAP Application Entail?
As part of your application for the IDAP, you will need to give the reason for your license suspension – for example, failing a breath or blood test given by an arresting officer for alcohol content.
You are also required to hold a non-commercial driver’s license. This means your driver’s license must be a Class D.
You will also need to provide the date you received your notice of revocation. If you are struggling to identify this date, it will be the date of your arrest if you took a breath test (or refused to take one when requested). If you took a blood test, it will be ten days after the DPS sends your notice of revocation.
If you are having any problems completing or submitting your IDAP application, this is something that our legal team can help with. In fact, we would recommend speaking to one of our experienced DUI attorneys before submitting the application anyway, to ensure that it is the best course of action for your circumstances.
What If You Are Not Eligible For The IDAP?
It is not uncommon for people who have experienced a license revocation to be denied entry into the IDAP. However, this does not necessarily mean you will have to give up and forego your driving privileges.
Our lawyers can help you file a District Court appeal to join the IDAP and have your driving privileges partially restored with a restricted driver’s license. With good driver compliance, you may still be able to re-earn your normal license.
What Are The Next Steps After Successfully Registering For The Impaired Driver Accountability Program?
The next step is getting your Ignition Interlock Device installed on your vehicle. Having an Ignition Interlock Device fitted is a mandatory condition of successful participation in the impaired driver accountability program.
The device must be installed within 45 days of your DUI or APC arrest. You must also have your Ignition Interlock Device fitted by the installation authority at a licensed service center under the jurisdiction of the Oklahoma Board of Tests for Alcohol and Drug Influence (BOT). You must also comply with their instructions to return to the center for regular calibration and testing each month.
Both the installation and monthly calibration of your Ignition Interlock Device are likely to cost around $75 each time. That means you will need to be prepared to pay $75 each month of the program for calibration and testing.
How Long Does The Impaired Driver Accountability Program Last?
The IDAP program participant will need to keep their Ignition Interlock Device fitted for a certain amount of time. Under Oklahoma DUI laws, this period of time will differ depending on how many DUI offenses you have committed.
The lengths of time Ignition Interlock Devices must be fitted are as follows:
- For a first DUI offense, the device must be fitted for 180 days
- For a second DUI offense, the device must be fitted for 1 year
- For a third DUI offense, the device must be fitted for 3 years
After your third DUI case, it is highly likely that you will not be permitted to have an interlock device installed after a subsequent offense.
The Issues With The IDAP
The IDAP is by no means ideal for the participant. While it may allow someone charged with a DUI to avoid the worst consequences of a driver’s license revocation, it still has the following downsides:
- With application fees, fitting fees, and monthly calibration fees, the IDAP can be too costly for many people accused of a DUI – and the cost is worse if any violations occur.
- Not all drivers are eligible to enroll in the IDAP. While lawyers can assist in appealing some enrollments, this is not always successful.
- An ignition interlock restriction requires a working vehicle. If your car was destroyed or irreparably damaged in an accident around the time of your arrest and you cannot afford another one, you will not be able to partake in the IDAP.
However, if for whatever reason you cannot participate in the IDAP, all is not lost. Your lawyer may be able to help you identify other restorative programs or even challenge the validity or legality of your DUI arrest and get the charges leveled against you dismissed entirely.
What Are The Total Costs For IDAP Participation For Each Number Of Previous DUIs?
As the amount of time your interlock device must be fitted for increases with each subsequent DUI conviction, so does the cost involved in each IDAP participation.
Here is a rough total you can expect to pay, depending on the number of DUI case occurrences in your past:
- First DUI, around $775 in total
- Second DUI, around $1,225 in total
- Third DUI, around $3,025 in total
However, these are not the maximum possible costs for each enrollment in the program. If you violate the IDAP agreement in any way, you may incur a program extension of the original program length and have to pay for yet more ignition interlock calibration sessions. We will explore this further in the next section.
An IDAP Participant’s Guide To Violations
Your interlock device will record any program violation as part of the IDAP agreement, as per Oklahoma DUI law.
The following actions constitute a program violation:
- Three failures to pass the alcohol assessment by being over the legal limit for alcohol when attempting to start your vehicle in a 15-minute window.
- Circumventing the correcting procedures for starting the vehicle using the interlock device in any way.
- Three subsequent retest requests after a retest violation, which constitutes a reportable violation.
- Removing the device unless you have an appropriate document from the Installation Authority or a monitor authorizing the removal is present. The device may be legitimately removed for car repair or replacement.
- Tampering with the device in order to cause it to disable or alter its function.
- Missing a scheduled service appointment.
If you trigger one of these violations, in most cases your device will trigger a five-day countdown. At the end of this countdown, you will be unable to start your vehicle. In order to halt the countdown, you will need to return to the service center to have your device calibrated.
Every violation will be stored and downloaded into your device. When you return to the service center, this information will be transferred to them. They will then pass it on to the Board of Tests for Alcohol and Drug Influence for verification and the Department of Public Safety will follow up as appropriate if the results fail the drug and alcohol assessment.
What Happens If You Receive Interlock Violations
If the Board of Tests for Alcohol and Drug Influence reports you for an interlock violation during your program, you will receive a notification of the violation in the mail.
Usually, the violation notice will be accompanied by instructions for a remedial action that you will need to complete in order to remain a participant in the IDAP. This may include:
- Having to retrain with the manufacturer, which will often also incur an additional expense.
- Upgrading your Ignition Interlock Device to one that features a camera.
- Additional restrictions on your driving privileges, which may limit the time of day you can drive or even which days you can drive on.
- A reassessment for eligibility in the program, again with reinstatement fees at your expense.
You will need to provide verifiable proof that you have completed the remedial action.
It is also possible that you will not be offered remedial opportunities, and you may instead be removed from the IDAP. This will result in a complete license revocation.
A Lawyer Can Help You Fight Ignition Interlock Violations
It is possible to contest a retest violation, ignition interlock violations, and program violations. Your lawyer will help assemble and present evidence in court that the violation was not valid, which could help you avoid getting your IDAP participation period extended significantly.
From the moment of license revocation to the very end of the IDAP, a skilled and experienced lawyer is an extremely beneficial party to have fighting your corner. In the area of DUI law, strong legal representation can make a world of difference.
Completing Your IDAP Program
Once you have completed the total amount of time on your IDAP (including any extra time added for interlock violations) you will need to attend your final service appointment as usual.
During this appointment, you will be guided to request an Interlock History Report from the Board of Tests for Alcohol and Drug Influence. This report will be able to verify if there is a reportable violation on your device that has not been noticed.
Once you have completed your required program sentence with no outstanding interlock violations and have completed all the requirements of your drug and alcohol assessment, you will have fulfilled all the requirements of the IDAP. You must also prove that you have not been arrested for a further DUI while holding your new restricted driver license.
At this point, the DPS will provide an update to your record to show your IDAP is successfully complete. This will be followed by a letter and a completion certificate, your program restrictions will be lifted and you can have the device removed from your motor vehicle.
It is important to follow these steps exactly, as they are part of the IDAP agreement. If you remove your device before completing these steps, it may be seen as an interlock violation and your original program length may be extended further.
Can The Driver Accountability Program (IDAP) Be Used To Reduce Or Dismiss My DUI charges In Oklahoma?
If you are wondering if you can use your successful enrollment in the IDAP to fight to get your DUI charges dismissed or diminished, this is not quite how the IDAP works.
You accept undertaking the IDAP as an alternative to fighting your DUI in the courts. This means conceding that you were driving under the influence and that the reduction in your driving privileges is appropriate.
However, the good news is that a DUI will not be visible on your public record when you successfully complete the IDAP. It will be on your driving record, but only visible to enhanced searches if you were to fail a breath test or blood test and receive another DUI in the future.
Are There Any Other Programs Available In Oklahoma For Individuals Charged With DUI Besides The IDAP program?
Yes, there are other courses available in Oklahoma for those who have received a driver license revocation due to a DUI.
Depending on the circumstances of your case, you may be required to attend an Alcohol and Drug Substance Abuse Course at a DUI school. Courses here are usually either 10 or 24 hours in total, depending on the severity of your offense and the facts of your case.
It is also possible that you may be sentenced to attend in-patient rehab treatment if you have serious dependency issues with drugs or alcohol.
Are There More Options Outside Of The IDAP?
If you do not want to take part in the IDAP agreement and fit an Ignition Interlock Device, you may still challenge your license revocation legally to attempt to get your driver’s license and driving privileges reinstated.
Your lawyer may be able to contest your DUI charge for a number of reasons. If the DUI falls through, so too does the license revocation. It is also possible that your lawyer may be able to secure you an alternate path to a new driver’s license that does not involve the IDAP.
Reasons A DUI Case May Be Dismissed
If you do choose to contest your DUI, there is an existing precedent for getting DUI charges dismissed in court. Your lawyer may draw on one of the following arguments, if it is relevant to the events you experienced:
- Arguing that the arresting officer did not administer the field sobriety or chemical test to you correctly
- Challenging the accuracy of the breathalyzer test
- Identifying outdated or malfunctioning testing equipment
- Challenging the probable cause for stopping your vehicle
Contact A Lawyer Today For Assistance With Your DUI Charge
The IDAP is no doubt a helpful program that allows many people charged with a DUI to retain a semblance of transport normality and a chance at regaining their driver’s license. If it is completed successfully, it even carries lower consequences for the driving record of the person charged with the DUI.
However, the IDAP is expensive and time consuming, and it is not available to everyone. Some people find they are denied IDAP participation and others simply lack a vehicle to affix an interlock device to. The IDAP is not the only option, your lawyer could also help you challenge your DUI charge and get it thrown out entirely.
Our team of experienced DUI lawyers are here to help you make the right decision about how to approach your DUI charge. We can help you access the IDAP program or try to ensure that you do not have to rely on it in the first place.To find out what approach best suits your situation and how we can help, call 405-591-3935 today.
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