IDAP and DPS
November 1, 2019, the greatest changes in Oklahoma DUI and Driver’s License Privilege history went into effect. These changes did not change what constitutes a DUI in Oklahoma. However, the law has dramatically changed how you can seek to defend your Driver’s License after allegations of a DUI or APC offense in Oklahoma. We are Fierce Advocates for every client and hope this page answers your questions concerning IDAP in Oklahoma.
First and foremost the powerful tool of your DUI defense attorney conducting an implied consent hearing with the Oklahoma Department of Public Safety (“DPS”) is gone under the new laws. Oklahoma law presumes every driver gives implied consent to have his or her breath tested for blood alcohol content (“BAC”) when they chose to drive on public roadways in Oklahoma. The specific statute, OKLA. STAT. tit. 47 § 751, states:
“Any person who operates a motor vehicle upon the public roads… within this state shall be deemed to have given consent to a test or tests of such person's blood or breath, for the purpose of determining the alcohol concentration.”
Prior to the new law, you were entitled to an administrative hearing before a hearing officer at DPS to determine the validity of the traffic stop, field sobriety tests, and subsequent state test for BAC related to your DUI or APC arrest in Oklahoma. Previously, if your DUI defense attorney was unsuccessful in saving your driving privilege in the DPS administrative hearing; you could then file a District Court Appeal (“DCA”) to seek judicial reconsideration of the DPS hearing officer’s decision.
Under the new law, Senate Bill 712 (“SB 712”), the administrative hearing is gone and you must immediately file a “District Court Appeal” or petition in District Court, if you decline to immediately participate in Impaired Driver Accountability Program (“IDAP”), the new DPS program following a DUI or APC. IDAP stands for Impaired Driver Accountability Program. The IDAP program encourages drivers to participate in the program and install an ignition interlock device. The length of having an ignition interlock device in your vehicle is reduced and the previous harsh punishment for drivers with an Aggravated DUI blood-alcohol content (BAC of 0.15 or higher) is gone.
Does this change apply to all drivers?
Can I now keep my Driver’s License after DUI arrest in Oklahoma?
Now that SB 712 is in effect; drivers in Oklahoma have three options related to their driving privileges:
- Apply for the Impaired Driver Accountability Program (“IDAP”);
- File District Court Appeal to contest the traffic stop, field sobriety tests, or the chemical test;
- Nothing – consequences of this choice are explained below.
The process for restoring complete driving privileges in Oklahoma is based on the option you choose after DPS initiates an action on your Driver’s License after a DUI.
What is the Impaired Driver Accountability Program (“IDAP”)?
IDAP is a “voluntary” program within the Department of Public Safety. Its purpose is to encourage driver’s with a DUI or APC to install an ignition interlock device in their vehicle. Drivers must apply to participate in IDAP. Upon DPS accepting you into the IDAP program; you must enroll in the program. The following are important considerations:
Benefits of IDAP
- Your license will not be revoked or suspended for participating in IDAP;
- You will not have to pay a reinstatement fee after completing IDAP;
- Upon IDAP completion, you can go to a Tag Agency and get a new driver’s license;
- Your ignition interlock period can run concurrently or at the same time as a court order in your criminal case for DUI or APC, i.e. no double punishment of an interlock twice;
- Your DUI or APC will not appear on DPS record searches; however, it can enhance, if you have a second or subsequent offense.
- You can only apply for IDAP, if you are a non-commercial driver, i.e. hold a Class D driver’s license. All Commercial Drivers, holders of a CDL, must file the District Court Appeal discussed above;
- You are entitled to Notice of IDAP from the arresting officer in your DUI offense;
- You only have 30 days from the DPS Notice of Revocation to apply to IDAP; DPS has the authority to approve late applications; however, it is best to consult a DUI defense attorney, if you are past the 30-day time frame to apply to IDAP;
- The date you mail, post mark date, is considered the date you applied for IDAP;
- You can request IDAP from a hearing officer at DPS;
- DPS will issue a stay on revoking your driver’s license until sixteen days after the IDAP request deadline in your case;
- Requests for Administrative Hearings, discussed above, are now considered IDAP requests by DPS;
- Finally, silence or failure to respond to DPS regarding IDAP is considered a rejection of the program by DPS.
Upon your IDAP application being accepted by DPS, you must complete the following steps in order to be admitted to the program:
- Pay $200 to DPS and $50 for a restricted driver’s license during IDAP participation;
- Only drive a vehicle with ignition interlock device, unless employer exception to requirement applies;
- Provide DPS proof of instillation of an ignition interlock device, which must be within 45 days of the notice. Again, DPS has authority to grant exceptions to this requirement;
- Complete IDAP Participant Agreement Form, which must be signed by DPS Hearing Officer;
- Acknowledge receipt and review of IDAP Participant Guide;
- IDAP for subsequent DUI/APC convictions are completed consecutively;
- Program requirements and restrictions apply through the last day of IDAP;
- You must COMPLETE IDAP before removing the ignition interlock.
What is my Date of Notice of Revocation?
The date of Notice of Revocation of your driving privileges subsequent to a DUI or APC arrest in Oklahoma is based on the test administered following your DUI:
- Breath Test & Refusal to Test: Date of your Arrest;
- Blood Test – much later, ten days after DPS mails you or your DUI defense attorney Notice of Revocation.
How long do I have to keep an interlock in my car under IDAP?
The minimum time an interlock must be installed in your vehicle:
Note that there is no more “extra interlock time” pursuant to the Erin Swezey Act. That all goes away. Once you complete IDAP, you can drive with a normal license and without an interlock–regardless of whether you refused or how many times you’ve been arrested for DUI.
What if I commit an interlock violation while in IDAP?
There’s a period of time in which an IDAP participant is subject to program extension due to interlock violations or program violations.
- Six-month period: The program will be extended for 60 days, if you commit a violation during the last 60 days of the original program.
- One-year period: The program will be extended 120 days, if you commit a violation during the last 120 days of the original program.
- Three-year period: The program will be extended one (1) year / 365 days, if you commit a violation during the last year of the original program.
Interlock violations include:
- Three penalty fails at startup within a 15-minute timeframe
- Three retest violations constitutes a reportable violation. Each retest violation after those first three constitutes a reportable violation.
Program violations include:
- A circumvention
- Removal of the device except:
- Upon receipt of documentation from the installation authority or monitor authorizing that removal
- The vehicle is being repaired. In this situation, the program participant must inform the licensed service center at least every eight days as to the anticipated date of completion of repairs; or
- The vehicle is being replaced. If your vehicle is being replaced with another vehicle, then the removal and reinstallation of the device in the new vehicle has to be accomplished within eight days of the removal of the device from the old vehicle;
- Missed service appointment
You must appear in person before DPS to provide proof of fixing the violation, if you have a verified program violation.
What will DPS do if I have a verified program or interlock violation?
DPS may impose any of the following punishments/sanctions, if you commit a violation:
- Retraining with manufacturer, at the expense of the participant;
- Installation of an interlock with a camera
- Restrictions on the days and times of the participant’s driving;
- Referral to re-assessment; and
- Removal from IDAP, which will result in a driver license revocation.
You may appear before a DPS Hearing Officer within 15 days of receipt of the notice of violation to contest that violation. The Hearing Officer may sustain or set aside the violation. If you don’t contest the violation within those 15 days, then you have waived any future right to contest that violation.
How do I graduate from IDAP?
To graduate from IDAP, you must give the following to DPS:
- IDAP Completion Form, which is obtained from the Board of Tests. The IDAP Completion Form verifies no interlock violations occurred during the last 60, 120, or 365 days of the program;
- Drug and Alcohol Assessment (“ADSAC”) Completion Certificate; and
- No DUI arrested during IDAP participation. DPS verifies this by checking for Officer Affidavits and Notices of Revocation;
Upon successful completion, DPS will update your Driver Index to reflect the completion of IDAP and issue you a Certificate.
What if I challenge the DUI stop or administration of the breath/blood test?
You still have a right to challenge the DUI traffic stop and/or arrest. However, the Administrative Hearing phase is now gone. Meaning, you immediately file a case in District Court. The following are important updates in this area:
- District Court Hearing: must be set 15-30 days after the petition is filed;
- Court Clerk: must send a certified copy of the Petition and Order for hearing to DPS;
- Cash Bond: no longer exists. Previously, in order to initiate a District Court Appeal you were required to post a $250 bond;
- License During Appeal: the statutes don’t say; however, DPS will issue a stay of the revocation during the case;
- Lose Hearing: your license is revoked, if you lose the hearing. You must get it reinstated after the revocation period, if revoked. Including a fee of over $300 and proof of ADSAC completion. This assumes you do not exercise your right to appeal to the Oklahoma Supreme Court;
- District Court Mercy: you may request the Court to Order DPS to issue a modified license, if you lose your District Court Appeal and the Court must issue the Order, if requested.
- Modified License after Hearing: you will be required to install an ignition interlock device during your license revocation/suspension period.
How does District Court decide the Appeal?
The Court will hear evidence and testimony, including the arresting officer in your DUI. The Court must determine, if reasonable grounds to believe you were operating a motor vehicle while intoxicated or in actual physical control of a motor vehicle, while intoxicated. Additionally, the Court will consider the validity of your arrest.
What about Appeals involving BAC or Blood Tests?
District Court Appeals involving a Breath test or Blood test to determine Blood-Alcohol Content will address the following questions and issues:
- Timeliness: Were you denied a timely requested breath or blood test?
- 2-hour timeframe: Was the breath or blood specimen obtained within two hours of arrest?
- Under 21: They must be advised their driving privileges will be revoked or suspended, if the test result reflects any measurable quantity of alcohol, i.e. 0.02 BAC.
- Over 21: They must be advised their driving privileges would be revoked or suspended, if the test result reflects a Blood-Alcohol Concentration (“BAC”) at or above 0.08 BAC.
- Test: The test result must in fact reflect the alcohol concentration.
Appeals involving a Refusal to Submit to Testing will including:
- Test: Did the person in fact refuse to submit to the State's Test or tests, and
- Notice: Was the person advised their driving privileges would be revoked/suspended, if they refuse to submit to the test.
What if I do nothing within 30 days of Notice of Revocation?
Your license will be revoked, period. I repeat, if you choose not to enroll in IDAP or request a modification your driving privileges will be revoked for 180 days. You will have no driving privilege for the following time period in Oklahoma, if you do not to take one of the following two courses of action:
- Challenge your DUI arrest through a District Court Action; or
- Apply to the IDAP within 30 days of your arrest or Notice of Revocation, if you were administered a blood test after your DUI.
Your driver’s license will be revoked 30 days after your DUI/APC arrest or Notice or Revocation, if you fail to take one of these two actions. One wrinkle is your revocation will go into effect 40 days after being mailed a Notice of Revocation following the results of a blood test, determining your BAC after a DUI.
DPS must issue you a Modified License upon request. An interlock device must be installed on your vehicle for the entire modification period; however, DPS may modify this time to twelve (12) months. The time periods are the same, if you lose your District Court Appeal or District Court Action (Contesting the DUI stop, DUI/Field Sobriety Tests, or blood test). The following Modified License periods now apply in Oklahoma:
- First offense – six months
- Second offense – 12 months
- Third and subsequent offense – 36 months
Will my Driver’s License Revocation run with my Ignition Interlock?
Yes, your Driver’s License revocation/suspension and ignition interlock periods will run together. However, if you and your DUI defense lawyer cannot get the start dates to match; then you will have a period without overlap, i.e. you will have the interlock device on your vehicle longer than six months, if your modified license period does not start with your probation period in your Oklahoma DUI case. One of the best things your DUI defense attorney can do for you, other than being your Fierce Advocate, is to have both interlock periods run together.
Will I lose my Driver’s License, if I don’t win in District Court?
Yes, your license will be revoked/suspended for the following periods of time, if you lose your District Court Action against DPS. However, SB 712 did not change the time requirements for the interlock device after a DUI offense:
- Six Months – First Offense
- 12 Months – Second Offense
- 36 Months – Third Offense and Beyond
*** With Erin Swezey Act going away; there is no extra interlock time following revocation. Once you are reinstated you can drive without an interlock; regardless of refusing the state’s test or your number of DUI offenses.
What if I get another DUI during my Driver’s License Revocation?
First, you should seek the assistance of an experienced Oklahoma DUI Defense Lawyer. Basically, your interlock period will be extended, if you commit an interlock violation with a modified license. Another issue, is you cannot have a violation within 180 days or six (6) months of your release from a modified license. Therefore, if you are on a six (6) month modified license and have a violation on the last day, you will have to start the six (6) month period over.
Can I fight my Driver’s License case and Apply to IDAP?
Unfortunately no, if you file a District Court Appeal/ District Court Action; DPS will not allow you to apply to IDAP. This is an issue our Firm and multiple Oklahoma DUI Defense Lawyers are against; however, for the time being it is DPS’ policy. Unless you contact and hire an experienced DUI Defense attorney immediately after your DUI stop; you will likely not have sufficient time to obtain the reports and/or dash cam footage of your DUI traffic stop to help decide whether or not you want to challenge the stop in District Court. Therefore, most drivers will have to decide without potentially available information, if they want to challenge the DUI stop or tests.
What if I was arrested before the law changed?
The date of Revocation, not the DUI arrest date determines the law that will apply to your case. The Erin Swezey Act will apply to revocations prior to November 1, 2019, which means potential additional interlock time. However, if your revocation occurred on or after November 1, 2019 then the Erin Swezey Act does not apply and you will not be subject to additional ignition interlock time, i.e. after IDAP completion. This rule applies regardless of what action you take in your driver’s license case with DPS: request an administrative hearing, stay the revocation, take no action, or take District Court Appeal action.
What about the Excessive User Program?
It no longer exists after SB 712 passed. However, it will not apply retroactively; meaning you will have to abide by the Excessive User Program requirements, if you were designated as an Excessive User prior to November 1, 2019. Oklahoma drivers will not have to abide by Excessive User requirements, unless a revocation is in place and final prior to November 1, 2019.
Why are Ignition Interlock Devices still a thing?
Ignition Interlock Devices (“IID”) are still relevant, because research shows they are the most effective tool or way to reduce drunk driving. Oklahoma’s new laws make the process of reinstatement of driving privileges simplifier; however, the right to an Administrative Hearing and the inability to challenge your DUI stop and participate in IDAP at the same time leaves challenges for law makers and DUI Defense Lawyers to address.
Fierce Advocates for Freedom and IDAP Defense
Contact Cannon & Associates in Edmond for your DUI or IDAP defense. You have the right to the presumption of innocence and to fight for your driver’s license. We are Fierce Advocates for every client and will use our experience and respected reputation to do everything possible to reach the best possible outcome in your DUI, APC, or IDAP case. A conviction for DUI or APC may have long lasting effects and penalties. John has been recognized as a Super Lawyer in Criminal Defense and a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association.
Contact Cannon & Associates today if you have been charged with DUI, APC, Aggravated DUI, DWI, or are facing IDAP or Driver’s License Revocation in Oklahoma. Call our office at (405) 657-2323 or complete the form on this page for a FREE and CONFIDENTIAL case evaluation.