What happens to my driver’s license after I get arrested for DUI in Oklahoma?
- Apply to the Impaired Driver Accountability Program (IDAP) through the Department of Public Safety (DPS)
- Challenge the stop and administration of the chemical test in a District Court
- Do nothing
What happens to your license will depend on which of the above choices you make. Note that the terms “revocation” and “suspension” mean the same for purposes of a driver’s license.
What is Oklahoma’s Impaired Driver Accountability Program (IDAP)?
IDAP is a diversion program within the Department of Public Safety designed to encourage people to install an interlock in their vehicle. You need to apply for IDAP. Once DPS approves your participation in IDAP, you need to enroll in the program. Note the following:
- Your license doesn’t get revoked as a consequence of participating in IDAP.
- There’s no reinstatement fee after successful completion of IDAP. You just go to a tag agency and get a new regular license.
- 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.
Applying for IDAP
- 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.
- The arresting officer (or DPS in the case of a blood test) must give the arrestee a notice advising them of the availability of the IDAP.
- DPS must receive your request for IDAP participation within 30 days from the date of the Notice of Revocation. DPS may approve exceptions to this 30-day requirement in limited circumstances.
- You can’t be otherwise ineligible for driving privileges on the date you enter the IDAP agreement.
- If you mail your IDAP request, then the post mark date will be considered the date DPS received your request.
- You may request participation in IDAP at DPS with a Hearing Officer.
- Once you’ve requested participation in IDAP, DPS will issue a temporary stay on your driver’s license revocation that will expire at midnight on the 16th day after the IDAP request would have been due.
- Submitting a request for a DPS hearing (which doesn’t exist under this new law) will be treated by DPS as a request for IDAP until notified otherwise. A failure to respond to correspondence from DPS regarding IDAP (generated by the hearing request) will be interpreted by DPS as a rejection of the opportunity to participate in IDAP.
Enrolling in IDAP
- Within 45 days of the date notice was given, you must:
- Pay DPS the program fee of $200.
- Provide DPS proof of interlock installation.
- Pay DPS $50 to get a restricted driver’s license for the period you’re in IDAP. The restricted license will state that you’re only authorized to operate a vehicle that has an approved and properly functioning ignition interlock device installed.
- Provide DPS with the Employer Exception documentation. If you operate a vehicle owned by your employer and this is your first impaired driving offense, you may obtain an Employer Exception. Your employer must provide a letter requesting the Ignition Interlock device not be installed on the company vehicle. The letter must be on company letterhead and notarized.
- Complete an IDAP Agreement form.
- Give DPS proof of liability insurance for the vehicle with the interlock installed. The insurance must be in your name or have you listed as an approved driver.
- Provide DPS with any proof of driving privileges. You must surrender your current driver license.
- Acknowledge receipt and review of the IDAP Participant’s Guide.
- A DPS Hearing Officer will sign the IDAP Agreement.
- Pay $25 to DPS or a tag agency to get a new physical license (with interlock restriction). If you appear before a Hearing Officer at DPS Headquarters in Oklahoma City, you will receive your Restricted driver license at the end of the enrollment process. If you appear before a Hearing Officer at any other location, upon completion of the enrollment process, you must go directly to a Motor License Agent to receive your Restricted driver license.
- The day enrollment in IDAP is complete (all of the above accomplished) is your first day in the program.
- DPS may approve exceptions to the 45-day requirement on a limited basis.
- All program restrictions continue through the last day of IDAP. You’re responsible for completing IDAP before removing the interlock.
- If you’re enrolling in IDAP for a subsequent DUI/APC arrest, then you’ll complete any subsequent IDAP period consecutively.
How do I figure out the Date of Notice of Revocation?
- Breath test or refusal – the date of arrest
- Blood test – the 10th day after the date DPS mails you or your attorney the 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:
- First offense – six months
- Second offense – 12 months
- Third offense – 36 months
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 – You cannot commit a reportable violation in the 60 days prior to being released from IDAP. If you commit a violation during the last 60 days of the original program length and any extensions, then the program will be extended 60 days.
- One-year period – You cannot commit a reportable violation in the 120 days prior to being released from IDAP. If you commit a violation during the last 120 days of the original program length and any extensions, then the program will be extended 120 days.
- Three-year period – You cannot commit a reportable violation in the year prior to being released from IDAP. If you commit a violation during the last year of the original program length and any extensions, then the program will be extended 365 days.
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;
- Tampering; and
- Missed service appointment.
If you have a verified program violation, you must appear before DPS to provide proof that the program violation has been remedied.
What can DPS do to me if they receive a report of a verified program or interlock violation?
If you commit a violation, DPS may impose any of the following:
- 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:
- The completion form from the Board of Tests verifying no interlock violations in the last 60/120/365 days of the program and
- Certificate of completion of the requirements of the drug and alcohol assessment (ADSAC – “red stamp”).
You cannot have been arrested for DUI while in IDAP because DPS will verify that they have not received any additional officer’s affidavits and notices of revocation. Finally, DPS will update your Driver Index to reflect the completion of IDAP and issue you a completion certificate.
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 has to be filed within 30 days after the notice of revocation has been served on the arrestee.
- The appeal must be set for a hearing 15-30 days from the date the petition is filed.
- The court clerk has to send a certified copy of the petition and order for hearing to DPS. I have copies hand-delivered to DPS for my clients.
- Your license won’t get revoked at the 30-day mark if you file an appeal in district court.
- If you lose the hearing, then your license gets revoked. If your license is revoked, then you have to get it reinstated after the revocation period. This involves paying $315 to DPS and submitting proof of the Alcohol and Drug Substance Abuse Course (ADSAC) completion.
- 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.
- You may also “sit out” the revocation period and not get a modified license with interlock. If you do this, then you cannot legally drive during the revocation period.
What will the district court look at to determine whether my license should be suspended?
The hearing will cover whether the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle on the public roads, highways, streets, turnpikes or other public place in Oklahoma while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance. It will also cover whether the person was placed under arrest. The court will evaluate whether the driver was properly notified of the effect of a refusal or having an alcohol concentration in the breath or blood above the legal limit. DPS must prove that the violation occurred within the officer’s jurisdiction.
Each officer who would testify to an element that DPS must prove must show for the hearing. For example, if only one officer saw you driving and only one other officer administered the breath test, then both officers must show at the hearing. The case may get dismissed if the officer or officers don’t show to the court hearing.
If the revocation or denial is based upon a breath or blood test, the hearing will also cover whether:
- If timely requested by the person, the person was not denied a breath or blood test;
- The blood or breath specimen was obtained from the person within two hours of his or her arrest;
- A person under 21 was advised that driving privileges would be revoked or denied if the test result reflected the presence of any measurable quantity of alcohol (0.02 BAC);
- A person 21 or older was advised that driving privileges would be revoked or denied if the test result reflected an alcohol concentration of .08 or more; and
- The test result in fact reflects the alcohol concentration.
If the revocation or denial is based upon the refusal of the person to submit to a breath or blood test, the hearing will also include whether:
- The person refused to submit to the test or tests; and
- The person was informed that driving privileges would be revoked or denied if the person refused to submit to any test.
Can I both apply for IDAP and file an appeal in a district court?
Technically, no. Current DPS administrative rules prohibit you from enrolling in IDAP if you filed a challenge in District Court. However, DPS does have some discretion to allow you to enroll in IDAP after you have filed a district court appeal. It typically takes longer than 30 days to receive the incident report and video. DPS understands this. That’s why DPS is sometimes willing to allow you to enroll in IDAP despite having already filed a district court appeal. Note that changing your mind and enrolling in IDAP should be done fairly early on. DPS won’t allow you to change your mind on the day of the hearing when the officer is present and ready to testify. The point is to give the driver time to acquire and review the discovery—not see whether the officer is going to show at the hearing.
What if I do nothing within 30 days of the Notice of Revocation?
If you don’t apply to IDAP or challenge the arrest in district court within 30 days of the arrest/notice, then your license will be revoked 30 days after the Notice of Revocation date for a breath test/refusal and 40 days after the date DPS mails the Notice of Revocation. If you’re otherwise eligible for a modified license, DPS must issue you a modified license upon request for the six and 36-month periods. DPS may modify a license for the 12-month period. An interlock must be installed during the modification period.
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 in order 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.
How long is my license revoked?
If you lose the hearing in district court or do nothing during the thirty days after you received notice, generally, your license will be suspended accordingly:
- First offense – six months
- Second offense – 12 months
- Third and subsequent offense – 36 months
Once your license is reinstated, 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.
How is the length of revocation determined?
The length of revocation depends on how many times the license has been suspended in the last ten years or whether the driver completed IDAP in the last ten years.
The revocation will be for one year (or longer) if within ten years preceding the date of arrest relating the current DUI:
- A prior revocation commenced due to a DUI/APC, or completion of the Impaired Driver Accountability Program, or
- Your record reflects a prior conviction in another jurisdiction that did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to an Oklahoma DUI/APC and the 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 three years (or longer) if within ten years preceding the date of arrest relating the current DUI:
- Two or more prior revocations commenced due to a DUI/APC;
- A prior revocation commenced due to a DUI/APC, and completion of the Impaired Driver Accountability Program;
- Your record reflects two or more prior convictions in another jurisdiction that did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar an Oklahoma DUI/APC, and the 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, completion of the Impaired Driver Accountability Program, or convictions as described above.
What if I commit a violation during the revocation period?
If your license is revoked and you commit an interlock violation while on a modified license, then your interlock period will be extended. You can’t commit any reportable violations within 180 days prior to the date of release from the modification. The 180-day violation-free requirement applies regardless of the length of revocation. So, note that a first-time offender could complete almost the entire 180 days and end up with an entirely new 180 days due to a violation in the final days of their original revocation period.
Will I get my physical driver’s license back?
Maybe. DPS sometimes mails the confiscated license back to the licensee. This happens in about 20% of the cases. I haven’t noticed any pattern in why some are returned and some aren’t. Don’t count on your license being returned.
Can I get a new driver’s license if the officer took my physical license?
No. It’s a crime to apply for a renewal or a replacement license to operate a motor vehicle while your license, permit, or other evidence of driving privilege is in the custody of a law enforcement officer or DPS. Get a state ID card if you need a photo ID card.
This crime is a misdemeanor. The range of punishment in jail is seven days-six months. The maximum fine is $500.
What if the officer didn’t take my driver’s license?
This is irrelevant. Sometimes, the arresting officer confiscates the license, sometimes they don’t. If you received an Officer’s Affidavit/Notice of Revocation, then you must decide what to do with respect to your license within 30 days of receiving notice—regardless of whether the officer confiscated your license. Sometimes, the officer doesn’t give the Notice or the Notice gets lost. If you were arrested for DUI/APC, it’s best to preserve your rights and act as though the officer did give you the Notice.
What if I have an out of state driver’s license?
Doesn’t matter. All of 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 likewise 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.
DPS sent me an Order of Revocation. What do I do?
Hire an attorney ASAP! This means DPS has received an Affidavit/Notice of Revocation 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. Note that the Order heavily pushes the IDAP program and hardly mentions your right to challenge the license revocation. I believe they’re doing this to scare people into enrolling in IDAP.
What if my revocation started before November 1, 2019?
The law in place on November 1, 2019 applies to you. This means that you will not be required to have an interlock installed in your vehicle to reinstate your license if it was required under the old law. The “Erin Sweezey” (extra interlock) time does not apply anymore. If this applies to you, call Driver Compliance at Oklahoma DPS at 405-425-2059 and ask them to remove the restriction.
Sources: Oklahoma Administrative Code Title 595 Chapter 40 §§ 7-1, 7-2, 7-3, 7-4, 7-5, & 7-6; and 47 O.S. §§ 2-116, 6-204, 6-205, 6-205.1, 6-211, 6-212, 6-212.2, 6-212.5, 6-212.6, 6-303, 11-902a, 751, 752, 753, 754, 754.1, & 754.2
Current as of June 15, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.