What is the Oklahoma IDAP?
Oklahoma DUI laws are some of the strictest in the country. Previously, drivers who had been implicated in a DUI arrest and had their driver’s license revoked had to request an administrative hearing from the Oklahoma Department of Public Safety within the first 15 days after the arrest, or wait for the driver license revocation period to end.
However, the Impaired Driver Accountability Program (IDAP), introduced by the Senate in 2019, brought in a new method for drivers to recover their licenses after a DUI offense by installing an ignition interlock device on their vehicles. If you have been arrested for a DUI and need help applying for the IDAP program, contact an experienced DUI attorney as soon as possible.
At Cannon & Associates, we have a team of DUI lawyers that can help you fight to maintain your driving privileges. We believe in protecting the presumption of innocence and ensuring that you can fight for your rights. Our team of lawyers has been helping Oklahoman citizens recover their driver’s licenses for over 30 years, and we have helped many clients apply to the Impaired Driver Accountability Program (IDAP).
Our managing attorney, John Cannon, has been recognized as a Super Lawyer with criminal defense cases and many of our attorneys have won awards for their dedication to criminal defense. It is important to have strong legal representation when fighting for your driving privileges, which is why you should contact Cannon & Associates today.
Call us to schedule a free consultation at 405-591-3935.
Driver’s License Revocation After a DUI Arrest
DUI offenses automatically result in the suspension of your driver’s license. This includes driving under the influence of alcohol or drugs and being in actual physical control of your vehicle while under the influence. To restore a driver’s license, the onus is on the person who has been charged or convicted of a DUI. There are three routes that you can take to restore your license after a license revocation:
- File a District Court Appeal to contest the breath or blood test or the traffic stop
- Apply to the Impaired Driver Accountability Program
- Do nothing and wait until the revocation period has passed
Filing an appeal is an option for those who do not want to admit to a DUI and have an ignition interlock device installed on their vehicle, or for those that do not meet the IDAP requirements. During the appeal, you will be required to prove that your DUI or APC arrest was invalid and that you should have your license reinstated. If you choose to do nothing, your license will be revoked automatically for 180 days.
Impaired Driver Accountability Program (IDAP)
The Impaired Driver Accountability Program (IDAP) is a program introduced by the Oklahoma Senate in 2019. This program allows people to get their driving privileges restored after being arrested for a DUI or Actual Physical Control (APC). Previously, with a DUI or APC arrest, individuals had to request an administrative hearing from the ODPC to request revocation of their license, or simply wait for the suspension period to pass.
However, with the IDAP, an individual has 30 days from the date of their DUI arrest or notice of revocation to get their driving privileges restored. IDAP participation means that a person has their driver’s license and driving privileges restored, however, they must have an ignition interlock device installed on their vehicle for a determined length of time.
The interlock device will be removed from their vehicle once they successfully complete the program. Additionally, the revocation of their driver’s license will not appear on their driving record, and there will be no reinstatement fee for their license.
Ignition Interlock Device
Ignition interlock devices, also known as car breathalyzers, are devices installed inside a person’s vehicle that require them to blow into the device before starting their car. The vehicle will only be able to start if you are under the legal limit. With the IDAP program, participants are required to have an IID installed in their vehicle. This IID enables those that have been arrested for a DUI to continue driving and offers reassurance to the DPS that they are driving safely.
When getting an IID installed as part of the program, the program participant must ensure that the IID provider is registered by the Oklahoma Board of Tests and approved for use by the Oklahoma Department of Public Safety. Participants are required to pay installation fees and maintenance fees each month.
Benefits of The IDAP Program
The Impaired Driver Accountability Program aims to minimize the consequences of a DUI or APC arrest. It allows drivers to continue using a vehicle despite previously being caught allegedly driving under the influence, which enables people to continue driving to work or school, and continue with their lives. Some major benefits of the program include:
- Your DUI or APC will not appear on your driving record
- Driver’s license is not suspended or revoked
- No drug and alcohol assessment at the end of the program if you voluntarily participate
- No reinstatement fees
- Once you have completed IDAP, you can get a new driver’s license
If you violate the program or do not adhere to the rules of the ignition interlock device, you could face serious consequences, such as a program extension. Your driving record will also be affected if you have multiple DUI convictions.
How To Apply For The IDAP
To apply to the IDAP, you are required to submit a request form to the IDAP, including the reason your license was suspended. There are certain requirements that you must fulfill before being accepted into the program, including:
- You are a non-commercial driver, holding a Class D driver’s license
- You submit the application within 30 days of receiving the DPS Notice of Revocation
It is possible to submit the application to the IDAP yourself or you may get legal assistance with your application. We recommend speaking with one of our DUI attorneys prior to submitting an IDAP request form. They can help ensure that the information you fill in is correct, offer you legal advice, and help you request IDAP.
Enrollment in The IDAP Program
Once you submit the IDAP application and it is accepted by the DPS, you are required to enroll in the program successfully. To do so, you must complete the following steps:
- Pay $200 to the DPS for the program and $50 for your restricted license, within 45 days of the arrest
- Provide proof that you have installed an interlock device on your vehicle to the DPS
- Only operate the vehicle that you have installed the IID on unless you have an employer exception
- Complete the IDAP Participant Agreement Form and get this document signed by the DPS Hearing Officer
- Send acknowledgment of your receipt and review of the IDAP Participant Guide
Failure to follow IDAP rules could cause serious consequences and an extension of the program. If you are charged with subsequent DUIs or APCs while you are still under the program, you will probably receive an extension on the program or a subsequent program length that must be completed consecutively. It is important that you do not remove the interlock device prior to completing the program.
Issues With IDAP
Although the IDAP is a great alternative to the traditional consequences of a DUI, like getting your license revoked for a specified amount of time, the program is not accessible to everyone. It also poses some issues which can make it more difficult for some people to get their license restored after a DUI. Some of these issues include:
- Cost – It can be quite expensive to take part in the IDAP. First, you must pay a $200 registration fee, in addition to $50, for a restricted license. On top of this, you are required to bear the costs of installing the interlock device besides maintenance and rental costs each month, which are, on average, $75.
- Eligibility – Not all drivers are eligible to apply to the IDAP. Only drivers that hold a Class D license may apply for the IDAP. If your license is revoked because of a previous DUI or APC, you will be unable to take part in the program.
- Lack of vehicle – In some cases, when a person is arrested for a DUI, their vehicle has been totaled or is in repair for damage caused by an accident. If you do not have a vehicle in which an interlock device can be installed, you cannot participate in the program. If your vehicle can be repaired within a short period, a lawyer can help you petition the DPS to take part in the program.
If you do not meet the requirements of the IDAP, you will need to either request a District Court appeal regarding your driving privileges or accept a license suspension period from the DPS or a Judge.
If you are unsure whether you are eligible to apply to the IDAP after a DUI offense, or if you have any questions regarding the program, seek legal advice from an experienced attorney. They can advise you on your eligibility, help you submit an application, or help you file an appeal to get your license reinstated.
Ignition Interlock Violations
When you sign up for the IDAP, you are required to abide by the rules surrounding the device, such as not tampering with the device. Ignition interlock violations can result in an extension of the program. First-time DUI violations usually result in a 180 restricted period under the IDAP.
A verified ignition interlock violation by the Oklahoma Board of Tests for Alcohol and Drug Influence (BOT) can cause an extension of 60 days. For a 1 year restriction under the IDAP, a reportable violation can result in an extension of 120 days, and a 1-year extension will be applied for violations on a three-year restriction.
Some verified violations include:
- Three penalty fails at startup within a 15-minute time period
- Three retest violations
It is important that you contact a DUI attorney if you have received a notice of violation by the DPS.
IDAP Program Violations
Similar to interlock violations, a verified program violation can cause an IDAP program extension. Some program violations include:
- A circumvention (starting the vehicle without first providing a breath or blood test)
- Tampering with the device
- Removal of the device, except:
- (i) When you have received documentation allowing the removal from the Installation Authority or Monitor.
- (ii) The motor vehicle is in repair. The program participant is required to inform the licensed service center every 8 days regarding when they expect repairs to be finished.
- (iii) The motor vehicle is being replaced. The device must be reinstalled on the new vehicle within 8 days of the removal.
- Missed service appointment
If you have received notice of an extension of your IDAP period, you are required to appear before the Department of Public Safety. It is important that you contact a DUI lawyer before appearing before a DPS hearing. An attorney can advise you on your situation, defend against an extension, and help remedy the situation.
Consequences of Program Violations
All drivers that participate in the IDAP are required to complete the program with no violations of the interlock device or the program itself. If you violate any of the rules, such as tampering with an interlock device or three retest violations, you could face the following consequences:
- Program extension, the time for an extension depends on the original program length
- Installation of an interlock device with a camera attached
- Retraining with the manufacturer, which the participant must pay
- Restrictions on time times that you can drive
- Re-assessment of whether you are eligible to take part in the program
- Removal from the program, causing your license to be revoked
If you have received a notification of a violation, you have 15 days to contest your violation before a DPS Hearing Officer. Failure to appear at the hearing and contest the violation means that sanctions will automatically be applied and you cannot contest the violation in the future.
How To Complete IDAP in Oklahoma
To graduate from the IDAP, get your driver’s license restored, and have no effect on your driving record, you must do the following:
- Complete the length of the program with no violation during the last 60, 120, or 365 days
- Submit an IDAP Completion Form
- Submit a Drug and Alcohol Assessment Completion Certificate as required by Oklahoma Statutes
- Demonstrate that you have not been arrested for DUIs during participation in the program
Once you have submitted all of the requirements and demonstrated successful completion of the program, you will receive a letter of completion from the DPS. Your driving record should be updated to restore your standard commercial driver’s license and you will not have any evidence of the violation on your record.
Should I Hire a DUI Defense Attorney?
Being arrested for a DUI or APC in Oklahoma is a serious matter. On top of license revocation, being convicted of a DUI can have serious criminal consequences, including jail time and a criminal record. The only way to prevent serious consequences and ensure that you get enrolled in the IDAP is to hire an experienced DUI attorney.
A lawyer can help you with all parts of your DUI case, including applying to the IDAP, advising you on your rights, helping you file a District Court Appeal if you are ineligible, and fighting on your behalf to get any criminal charges dismissed. Navigating the DUI legal system can be quite complex, particularly without legal representation. A lawyer can help ensure that you apply successfully to the program by submitting the forms on time and meeting the interlock device requirements.
If you receive a notice of violation, such as a retest violation or interlock device violation, your lawyer can help you contest this in court and ensure that your IDAP period is not extended significantly. When dealing with license revocation and DUI criminal charges, it is important that you have a strong legal representative by your side. At Cannon & Associates, our team of lawyers is ready to help you in any way we can to ensure that you do not face any harsh consequences or penalties.
What Is The Oklahoma IDAP?
The Impaired Driver Accountability Program gives drivers an avenue for restoring their licenses and preventing a driving record, with the installation of an IID on their vehicles. This program aims to allow those charged with a DUI to get back on the road and continue to drive safely. However, there are some requirements that need to be satisfied to be eligible for the program and some inherent issues.
If you have been arrested for a DUI or APC and want to apply to the IDAP, contact an experienced lawyer to help you with your application. A DUI lawyer can advise you on whether you are eligible for the program, help you understand the application, and petition to ensure that you are accepted.
At Cannon & Associates, we have been helping Oklahoman citizens fight DUI and APC charges for over 30 years. We understand how difficult it is to lose your driving privileges after an arrest, and we want to do everything we can to help you get your license restored and return to your day-to-day life after a DUI offense. Our law firm has significant experience dealing with DUI cases and our team of lawyers is ready to fight on your behalf to protect your rights.Call our law firm today at 405-591-3935 to schedule a free consultation.
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