DUI Law Changes – IDAP- New Oklahoma Laws 2019

impaired driver accountability program oklahoma idapBig changes are coming to Oklahoma DUI laws in 2019! These changes involve what happens with the license of someone arrested for DUI.

The implied consent hearings with the Oklahoma Department of Public Safety (DPS) go away. Any challenge to a DUI arrest must be made in a District Court. A new program is created–the Impaired Driver Accountability Program (IDAP)–which incentivizes people to install an interlock. Mandatory interlock time is reduced. All these changes come from SB 712. This is probably the biggest change to Oklahoma DUI law in decades.

Any modifications addressed in these laws applies to Class D vehicles only–not commercial vehicles. The terms “revocation” and “suspension” are synonymous and also include the denial of driving privileges by DPS. The laws defining what constitutes a DUI in Oklahoma didn’t change.

I recently appeared on Fox 25 in OKC to discuss these changes.

What happens to my license after I get arrested for DUI in Oklahoma under the new law?

Someone arrested for DUI will have three choices:

  • Apply to the Impaired Driver Accountability Program (IDAP)
  • 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.

What is Oklahoma’s Impaired Driver Accountability Program (IDAP)?

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Voted #2 DUI Attorney in OKC

IDAP is essentially a diversion program within the Department of Public Safety designed to encourage people to install an interlock in their vehicle. What you need to know:

  • 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 that “notice was given.” The “date notice was given” is the date the chemical test or acknowledgement of refusal was received. For a breath test or refusal, it’s the date of arrest (when the officer physically hands you the notice document). For a blood test, it’s 10 days after DPS mails the document to you.
  • You must pay $200 to DPS and provide DPS proof of interlock installation within 45 days of the date notice was given.
  • You can’t be otherwise ineligible for driving privileges on the date you enter the IDAP agreement.
  • You have to pay $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. There’s still an exception for employer vehicles.
  • 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.

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

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?

  • Six month period – The program will be extended 60 days.
  • One-year period – The program will be extended 120 days.
  • Three-year period – The program will be extended one year.

What if I challenge the DUI stop or administration of the breath/blood test?

If you believe the DUI stop and/or arrest were improper, you can still challenge the DUI arrest. Instead of it being on the phone with a DPS hearing officer, all challenges 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.
  • There’s no longer a $250 cash bond! Previously, an appeal to a district court of a DPS hearing required an extra $250 cash bond to be paid. This goes away.
  • 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 a fee and submitting proof of the Alcohol and Drug Substance Abuse Course (ADSAC) completion. You may still appeal the loss in district court to the Court of Civil Appeals.
  • If you lose in district court, you may ask the court to order DPS to issue a modified license. They have to issue the order if you ask. The modified license will require the installation of an approved and working interlock during the revocation/suspension 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.

If the revocation or denial is based upon a breath or blood test, the hearing will also cover whether:

  1. if timely requested by the person, the person was not denied a breath or blood test,
  2. the blood or breath specimen was obtained from the person within two hours of his or her arrest,
  3. 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),
  4. 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
  5. 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 will also include whether:

  1. the person refused to submit to the test or tests, and
  2. the person was informed that driving privileges would be revoked or denied if the person refused to submit to any test.

How long is my license suspended if I lose the hearing in district court?

If you lose the hearing in district court, your license will be suspended accordingly:

  • First offense – six months
  • Second offense – 12 months
  • Third and subsequent offense – 36 months

Note that there is no more “extra interlock time” pursuant to the Erin Swezey Act. That all goes away. 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.

What if I don’t do anything within 30 days of my arrest (or date of notice)?

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 your arrest/date you received notice. 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 the amount of time an interlock must be installed are the same as if you lost the district court hearing:

  • First offense – six months
  • Second offense – 12 months
  • Third and subsequent offense – 36 months

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 your license is revoked and you commit an interlock violation, your interlock period will be extended. You can’t commit any reportable violations within 180 days prior to the date of release

Can I both apply for IDAP and file an appeal in a district court?

Yes! There’s no requirement that you choose only one of those two options. You may do both, and it may be in your best interest to do both. For example, you may believe the officer didn’t follow the correct procedures when administering the breath test, but it may take more than 30 days to get the body cam video. In that situation, the best course of action may be to both apply to IDAP and file a challenge in district court. This buys you some more time to figure out if the challenge is truly the best course of action. And you also don’t give up your ability to participate in IDAP. Although this route is more expensive, it allows you to keep all of your options open.

Sources: SB 712 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, 11-902a, 751, 752, 753, 754, 754.1, & 754.2

Current as of October 7, 2019.

Charged with DUI in Oklahoma? Call OKC DUI attorney Frank Urbanic at 405-633-3420.

Don’t panic! Call Urbanic.®