The first thing you should know after being arrested for Driving Under the Influence (DUI) or Actual Physical Control (APC) in the State of Oklahoma is that there are actually two completely separate actions that the state will bring against you. The first action is a criminal one, in which the prosecution attempts to levy fines, jail time, probation, and other punishment against you.
The second action, however, is rendered completely separate from the criminal action against you. This action, carried out by the State of Oklahoma, aims to revoke your driving license for a period of time and force the installation of an Ignition Interlock Device (IID) into your vehicle to prevent you from operating it. This IID will be installed as part of your terms of completing the Impaired Driver Accountability Program (IDAP) in order to restore your driving privileges.
You can fight this action by appealing your revocation. However, beginning in November of 2022, the State of Oklahoma’s new law goes into effect governing what happens following the revocation of your license. This represents a sizable change to the process that is worth a deeper understanding.
Recent changes has shifted the revocation responsibilities from DPS to a new state agency called Service Oklahoma.
With 2022 law, you are automatically required to enroll in the IDAP and install an IID in your car for the entire period during which your license is revoked. The only other alternative is to contest your revocation, which is highly recommended and we discuss further in this article.
This IID attaches to your vehicle’s ignition, keeping the engine from starting if it detects that you have been drinking. Any attempts to bypass the device or trick it in any way (such as having a passenger blow into it) will be detected by video surveillance and will violate the terms of your IDAP. These violations will add time to the period of your license’s revocation, as well as lengthen the time you are required to keep the IID in your vehicle.
Associated costs for the IID, including installation and monthly rental, will vary depending on the particular model used in your vehicle. The cost for the IDAP program is $150 plus reinstatement fees which are due at the program’s completion. Completing the program, paying all of the associated costs, and keeping the IID in your vehicle for the proscribed amount of time are all required to get your license back.
Effective November 1, 2024, a new law goes into effect which affects the 6 month revocation period. The person can apply for IDAP and have the ability to keep the revocation off of their driving record. However, the time period to apply for this provision is within 30 days of the arrest. This means that a person will have to decide without knowing whether or not Service Oklahoma is going to revoke their license. A Hunsucker Legal Group attorney can further discuss this with you at a free consultation.
Timeframe: 6 Months to 2 Years, depending on the number of prior revocations in the past 10 years.
If you had a prior revocation within the past 10 years, you will lose your driving privilege for one year.
If you have received two priors or more DUI charges within the preceding 10 years, you will lose your ability to drive for two years.
Since losing your driving privilege and paying fees to have an IID is less than ideal for anyone, your only alternative choice is to challenge the revocation of your license. At the Hunsucker Legal Group, our full-time Driver’s License Defense Attorney Brian Morton will handle every aspect of contesting the action against your license, ensuring the best possible outcome.
It starts with an investigation that goes into every detail, every aspect of the case against you. We talk to every witness, gather every piece of evidence and create a plan for successfully defending you and restoring your driving privileges. We file the petition for a driver’s license revocation hearing and lay out everything we have gathered, attacking every element of the case against you. You don’t even have to attend this hearing.
We have a history of restoring our client’s right to drive in hearings like this, thanks to the overwhelming preparation we put into each case. And even if we don’t get the outcome you desire, you can still preserve your driving abilities while you await the separate court date for criminal charges by joining the IDAP.
But you need only look at our track record to know it more than likely won’t come to that. We believe that no DUI case can’t be won, and we look forward to proving that DUI cases can be contested and beaten. It starts with a free, no-obligation case assessment. Contesting your driver’s license revocation and winning is a potential option and we invite you to schedule a free, no-obligation case evaluation to learn more about how we can help you potentially bypass putting what is essentially a breath test device in your vehicle for 6 months or longer. Please submit your contact information below to take back control of your life.
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