What happens to my driver’s license after I get arrested for DUI/APC in Oklahoma?
You have three options if you’re arrested for Driving Under the Influence (DUI) or Actual Physical Control (APC) in Oklahoma:
- Apply to the Impaired Driver Accountability Program (IDAP)
- Challenge the stop and administration of the chemical test in a District Court (“appeal”) or
- Do nothing (worst option!)
What happens to your license will depend on which of the above choices you make. The terms “revocation” and “suspension” mean the same for purposes of a driver’s license.
Option 1 – IDAP – What is Oklahoma’s Impaired Driver Accountability Program (IDAP)?
IDAP is an ignition interlock program required for all DUI related arrests. Note the following:
- Your license doesn’t get revoked if you successfully complete IDAP (biggest selling point).
- There’s no reinstatement fee after successful completion of IDAP. You just go to a tag agency and get a new license without the interlock restriction.
- The installation of an interlock will run concurrently with any court order for installation of an interlock for the same offense.
- The DUI won’t appear on DPS’s public record, but it will be recorded for the purpose of enhancement in the event of a re-offense.
- Only Class D license holders may participate in IDAP. If you hold a CDL, then you’re ineligible for IDAP—you must file an appeal in a district court.
- You can’t be otherwise ineligible for driving privileges on the date you enter the IDAP agreement.
Applying for IDAP – Timeline & Process
- You must apply for IDAP within 30 days of your arrest. This can be done online at the Board of Tests website. The Impaired Driving Affidavit given to you by the arresting officer must be included in the application. After you hire us, we would be happy to submit the application on your behalf.
- Wait for a response from the Board of Tests. If they approve your application, they will send you guide with your next steps. We will help you accomplish those tasks. If BOT denies your application, we will work with you to resolve those issues.
- If approved, you will need to get an interlock with a camera installed in any vehicle you will be driving (subject to employer vehicle exception). It must be from the list of approved interlock providers.
- Complete enrollment and pay IDAP program fee ($150) by using the link provided in the IDAP Enrollment Guide.
- Take the IDAP Confirmation letter BOT sends you to Service Oklahoma to get a restricted driver’s license. You must have the restricted driver’s license to drive legally.
The day enrollment in IDAP is complete (all of the above accomplished) is your first day in the program.
All program restrictions continue through the last day of IDAP. You’re responsible for completing IDAP before removing the interlock.
If you want to preserve all your options, you must act quickly to hire an attorney! If you hire us no later than thirty days after your arrest, we will do everything possible to get the reports and videos (discovery), evaluate the discovery, and then review the discovery with you prior to that 30-day mark. This way, you can make an informed decision on whether to enroll in IDAP or challenge the license revocation in court. Cops make mistakes all the time. We will pick apart every aspect of the case and go over with you in detail the mistakes made by the officer(s).
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:
- First offense – six months
- Second offense – 1 year
- Third (and subsequent) offenses – 2 years
If you’re enrolling in IDAP for a subsequent DUI/APC arrest, then you’ll complete any subsequent IDAP period consecutively. You can’t do two IDAPs at once.
How do I successfully complete IDAP?
- Meet the active ignition interlock day requirements
- Meet program participation criteria requirements
- Have no program and reportable violations during the last 90 active ignition interlock days of the program
- Complete an Alcohol and Drug Substance Abuse Course. Get the ADSAC “red stamp.”
- Once you have been in IDAP for the minimum time and met the above requirements, you will submit a request online to receive the IDAP Completion Certificate.
- Take the IDAP and ADSAC completion certificates to Service Oklahoma. You will get a new license without the interlock restriction. This may also be done online.
- You may have your interlock removed once cleared by SOK.
What if I drive a vehicle for my employer?
The IDAP interlock requirement applies to all participant operated vehicles. An employer may request an interlock device not be installed on their company vehicle. The company vehicle must be owned or leased, as reflected on the vehicle registration. Rental vehicles do not qualify for exception. Only IDAP Participants enrolled in a 180 Day program are eligible, and the exception only authorizes Class D driving privileges.
Participants granted an employer exception are not relieved of the requirement to install an ignition interlock device on a vehicle as reflected on an Installation Verification Form. The authorization for exception only applies to IDAP participants operating under the course and scope of employment.
Requests must be in writing and notarized on the official letterhead of the employer with a copy of the vehicle registration and submitted by the employer to the Board. We can assist you and your employer in writing that letter.
A request won’t be accepted if:
- You are self-employed or own part or all of the company or corporation, or exercise control over some part of the business that owns or leases the vehicle; or
- You are employed by a relative who is within the first degree of consanguinity (spouse, parent, child) or who resides in the same household.
The Board will review the request and submit the approved document back to the employer. You must keep the approved exception on you whenever you are operating the employer vehicle.
You can appeal if you’re denied an employer exception.
What if I commit an interlock violation while in IDAP?
You cannot have any interlock violations in the last 90 active days of the required program length. If you have a violation in the last 90 days, your new tentative end date is 90 days from that violation date.
Interlock violations
- Three (3) positive result startup tests within a fifteen (15) minute time frame.
- A circumvention (by-passing the correct operation of an interlock device by starting the vehicle, by any means, without first providing a negative result breath alcohol test or passing a confirmatory test).
- A retest violation. For purposes of retest violations, three or more retest violations occurring during the last 90 active ignition interlock days constitutes a reportable violation.
- Power violation (No power to device for 72 hours or more).
- Permanent lockout. This occurs 5 days after a violation is triggered and the user fails to return to the interlock service center.
An additional arrest for DUI/APC prior to completion of IDAP, at the date of discovery by the Board, will be treated as a violation.
Program Violations
Participants that are deemed to have failed IDAP or voluntarily discontinue participation in IDAP will receive no refund and no credit for time served beginning from enrollment. Interlock days served prior to the program failure date are invalid for credit towards re-enrollment. Participants that fail the program or choose to discontinue participating in the program are authorized to re-enroll in IDAP. The following actions will result in program failure:
- removal of the device from the Program Vehicle and failure to reinstall a device in a substitute Program Vehicle within 60 days; or
- participants reported to be operating a vehicle not equipped with an ignition interlock device by law enforcement after the Board has issued documented warning to the participant that they are unauthorized to do so. Failure to have received the documented warning isn’t a valid defense for administrative appeals.
You may appeal a program failure to the Ignition Interlock Program Administrator. It must be received by the administrative offices of the Board within 30 calendar days after the date the denial was issued.
Option 2 – Challenge in court – What if I challenge the DUI stop or administration of the breath/blood test?
If you believe the stop, arrest, blood test, and/or breath test were improper, you can challenge the DUI arrest. An appeal must be filed in the district court of the county where the offense occurred. Note the following:
- The appeal petition must be filed within 30 days after the notice of revocation has been served on the arrestee (40 days after the date SOK mailed the notice of revocation).
- The appeal must be set for a hearing 30-60 days from the date the petition is filed.
- A certified copy of the petition and order for hearing must be served immediately to SOK by certified mail.
- Your license won’t get revoked on the date of the revocation letter so long as an appeal is properly filed.
- If there is no record of Service Oklahoma receiving the officer’s affidavit, the court date will be moved 180 days into the future. If there is still no affidavit at the new court date, your license will not be revoked.
- If you lose the hearing, then your license gets revoked. If your license is revoked, you must get complete IDAP and reinstate your license after the revocation period.
- If you lose in district court, you may ask the court to order DPS to issue a modified license so that you may legally drive during the revocation period. The court must issue that order if you ask for it. The modified license will require the installation of an approved and working interlock during the revocation/suspension period.
- You may appeal the loss in district court to the Court of Civil Appeals.
What will the district court look at to determine whether my license should be suspended?
The hearing will cover the issues of whether the officer had reasonable grounds to believe you had been operating or were in actual physical control of a vehicle upon the public roads, highways, streets, turnpikes or other public place of Oklahoma while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance as prohibited by law, and whether you were placed under arrest. In the three ways your license can be revoked, below, SOK needs to prove there case merely “by a preponderance of evidence.” This means they have to show that it’s more likely than not (greater than a 50% chance) each element occurred—a much lower standard than it is to convict you in a criminal court, which is “beyond a reasonable doubt.”
If the revocation or denial is based upon a breath or blood test result and a sworn report from a law enforcement officer, the scope of the hearing will also cover the issues as to whether:
- if timely requested by you, you were not denied a breath or blood test,
- the specimen was obtained within two hours of your arrest,
- if you were under 21, you were advised that driving privileges would be revoked or denied if the test result reflected the presence of any measurable quantity of alcohol,
- if you were at least 21, you were advised that driving privileges would be revoked or denied if the test result reflected an alcohol concentration of eight-hundredths (0.08) or more, and
- the test result in fact reflects the alcohol concentration.
If the revocation or denial is based upon the refusal to submit to a breath or blood test, reflected in a sworn report by a law enforcement officer, the scope of the hearing will also include whether:
- you refused to submit to the test or tests, and
- you were informed that driving privileges would be revoked or denied if you refused to submit to the test or tests.
The revocation or denial can be based just on the officer’s affidavit
According to a recent court ruling, your driver’s license can be revoked solely based on the officer swearing he or she had reasonable grounds to believe you were under the influence. This can be the situation where a driver submits to chemical testing but the test result is later invalidated due to procedural errors, equipment failure, or improper administration. So for example, your license can be revoked even if the breath test was invalid (because the cop didn’t follow the correct process) so long as the officer testifies to other things they observed that would lead them to believe you were under the influence. Performance on Standardized Field Sobriety tests is one of many things the court can consider during the hearing.
In this situation, Service Oklahoma must only show evidence that:
- the officer had reasonable grounds to believe you were been operating or were in actual physical control of a vehicle upon the public roads while under the influence of alcohol and/or another intoxicating substance; and
- you were placed under arrest.
Can I both apply for IDAP and file an appeal in a district court?
No. You must waive your right to file an appeal upon enrollment in IDAP.
Option 3 – Do nothing – What if I do nothing?
If you neither apply for IDAP nor appeal the revocation in a district court, your license will be revoked on scheduled date per the letter you receive from Service Oklahoma. This is assuming SOK received a copy of the Officer’s Affidavit. If they never receive the affidavit, then your license won’t be revoked based on this arrest (unless you get a conviction in your criminal case). But hoping the Affidavit never gets to SOK is a huge gamble.
If you’re otherwise eligible for a modified license, you may apply for a modified license through Service Oklahoma so that you can legally drive. You will also need to successfully complete IDAP and have your license reinstated to get your license back and be able to lawfully drive without an interlock.
You will have to pay a modification fee and replacement license fee to add an interlock restriction. After completing IDAP, you will have to pay to reinstate your license.
What if I waited too long to hire an attorney and now it’s more than 30 days from the day I was arrested?
Your only option to keep your license is to file an appeal in district court—if it’s not past the revocation date on the letter. If you win the hearing then your license won’t be revoked (unless you get a conviction from this arrest), and you won’t have to do IDAP.
How long is my license revoked?
If you lose the hearing in district court or do nothing, your license will be suspended accordingly:
- First offense – six months
- Second offense – one year
- Third and subsequent offenses – two years
How is the length of revocation determined?
The length of revocation depends on how many times your license has been suspended in the last ten years or whether you have enrolled in/completed IDAP in the last ten years.
The revocation will be for at least one year and until you complete IDAP if within ten years preceding the date of arrest relating the current DUI any of the following occurred:
- a prior revocation commenced based on Oklahoma’s DUI law or current enrollment in or previous completion of IDAP, or
- a prior conviction in another jurisdiction that did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to Oklahoma’s DUI law, and you were not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction.
The revocation will be for a minimum of two years and until you complete IDAP if within ten years preceding the date of arrest relating the current DUI any of the following occurred:
- two or more prior revocations commenced due to a DUI/APC;
- two or more current enrollments in or previous completions of IDAP,
- two or more prior convictions in another jurisdiction that did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to Oklahoma’s DUI law, and you were not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction, or
- any combination of two or more prior revocations, current enrollments in or previous completions of IDAP, or convictions as described above.
Can I “sit out” the revocation period?
No. IDAP completion is required as a condition of reinstatement for all impaired driving arrests. The periods of revocation and periods of interlock installation will run concurrently. However, each must be for no less than the respective amount of time. This means that if you get a modified license two months into your six-month revocation, you still have to keep the interlock installed in your vehicle for a full six months. You can’t “wait out” part of any revocation period to get less interlock time. Therefore, you should get the interlock installed as close to the date your license is revoked if you plan on driving during the period that your license would be revoked.
Frequently Asked Questions
Service Oklahoma sent me an Order of Revocation. What do I do?
Hire an attorney ASAP! This means SOK has received an Affidavit from the officer who arrested you. Depending on when you received that piece of mail, the date of revocation stated on the Order may not have occurred yet. If you do nothing, then your driver’s license will be revoked on the date stated on the Order. If you receive this letter more than 30 days after your arrest, your only option to save your license at this point will be to file an appeal in court. You may still apply to IDAP if you get this letter within 30 days of your arrest.
Can I start the ADSAC (alcohol & drug classes) early?
Absolutely! We recommend getting those taken care of as soon as possible. We provide our clients with a list of counselors and schools along with instructions during the first meeting.
When can I start IDAP?
You can start IDAP as soon as the day after your arrest, if eligible. If it is beyond 30 days from your arrest and you have a scheduled revocation start date, you may start IDAP on that revocation start date. Starting IDAP after your revocation start date does not decrease the length of time you have an interlock in your car. It increases the length of time your license is suspended. You will have to do the minimum interlock time to regain full driving privileges.
What if I haven’t received an Order of Revocation from Service Oklahoma yet?
Contact SOK (405-522-7000) to see if they have received the Affidavit or have generated an Order of Revocation. If you hire us, we will do that on your behalf.
Is your address on file with them correct? They may have mailed it to the wrong address. If you hire us, one of the first things we will do is ensure your address is up to date with SOK. You can update your address with SOK here.
What if I don’t have a vehicle?
A vehicle is required to participate in IDAP. If you have no vehicle, you may participate in IDAP when you get one and want to reinstate driving privileges.
What if I have an out of state driver’s license? What if I live out of state?
Doesn’t matter. All the above still applies to you. Don’t think of your “driver’s license” as the physical card. Think of it as “permission to drive.” If Oklahoma revokes your driver’s license, then your permission to drive in Oklahoma has been revoked. If your permission to drive in Oklahoma has been revoked, then consider your permission to drive in your state to also be revoked. This is because your revocation is shared with all the states. With the interstate compact, most states consider a revocation in another state to be a revocation in their state.
How do I get an interlock installed outside Oklahoma?
If you need an interlock installed and you do not reside in Oklahoma, the technician who installs the device will provide an Installation Verification Form. IDAP requires the device to be a Board approved device. If you need a device serviced, it is recommended that you call your existing service center or the manufacturer to obtain local service center information in your location. Any out-of-state service center is expected to service your ignition interlock device in accordance with the manufacturer’s standard operating procedures and policies.
What if I need to take my vehicle to the mechanic?
If you need to have someone work on your vehicle, you should have the mechanic call your service center or the manufacturer for instructions. Oklahoma law prohibits any unlicensed person from attempting to physically disable, disconnect or wire around the ignition interlock device. In the event a repair triggers a violation, you may submit a Mechanic’s Affidavit with any supporting documentation to request the violation not be considered during program completion review.
How often do I need to drive my vehicle after the interlock is installed?
Active participation is required. Participation is defined as a minimum of 15 tests per 30 calendar days from install. Every test is counted, including start-up tests or attempts and retests.
Is it possible to lower the interlock cost?
Yes. Many interlock companies offer deals such as free installation. We recommend you call each of them to see which one gives you the best deal. We also have coupons from various interlock companies, which we are happy to provide to you.
Additionally, you can lower the cost of the interlock if you are actively receiving benefits from:
- Temporary Assistance for Needy Families (TANF) or
- Supplemental Nutritional Assistance Program (SNAP)
IDAP participants meeting affordability requirements receive the following credit that will be distributed into the participants account by the manufacturer not to exceed a frequency of $25.00 per thirty (30) days.
- $150.00 maximum credit for a first license revocation; or
- $300.00 maximum credit for a second license revocation; or
- $450.00 maximum credit for a third or subsequent license revocation.
Manufacturers are not allowed to count coupons, rebates, refunds, discounts, or other financial inducements otherwise available to any customer as the credit required for this program.
If you aren’t compliant with respect to the IDAP program or device lease fees, you forego your affordability eligibility. The manufacturer may inquire with the Board whether the person you meet the affordability accommodations and qualify for the credit.
How to apply
Affordability accommodations are only available to enrolled IDAP participants. You have to provide the required documentation to the IDAP program staff after completing enrollment into the program. IDAP participants may apply for affordability accommodations by emailing proof of Temporary Assistance for Needy Families (TANF) or Supplemental Nutritional Assistance Program (SNAP) to [email protected].
You may appeal a denial of affordability accommodations.
What if I have a hard time blowing into an interlock?
Any participant that makes a request can get a reduction of the required minimum breath volume from 1.5 to 1.2 liters.
It’s possible to get a medical exemption. How it works:
- submit a pulmonologist’s certification indicating you have a documented medical condition preventing you from providing a breath sample of at least 1.2 liters;
- enroll in BOT IDAP with the exception of an Installation Verification Form;
- not operate, drive, or be in actual physical control of a motor vehicle; and
- complete the required program length.
Sources: Oklahoma Administrative Code Title 40 Chapter 50 §§ 3-1.1–3-6; and 47 O.S. §§ 2-116, 6-204, 6-205, 6-205.1, 6-211, 6-212, 6-212.2, 6-212.5, 6-303, 11-902a, 751, 752, 753, 757, & 754
Current as of May 8, 2025. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.