Depending on the factors of your case, you could be required to install an ignition interlock device in your vehicle if you are convicted of DUI or through the civil license side. An ignition interlock device acts as a sort of “breathalyzer” in your car that is attached to the dashboard. When the interlock is engaged, you will not be able to start the engine; you must unlock the device by blowing into the machine which detects alcohol in your breath. The device will only unlock after an alcohol-free breath sample has been provided. The length of time will vary depending on the fact of your case but will be anywhere from 180 days to three years. If you were arrested prior to November 1, 2019, click here.
I have been charged with DUI or APC in Oklahoma. Will I be required to install an ignition interlock device?
This answer depends on several factors. Oklahoma passed a law in 2019 creating the Impaired Driver Accountability Program. If you submit to this program, you will be required to have an interlock installed in your vehicle. If you are convicted of DUI or APC or enter into a plea agreement, it is possible that the court may order the installation of an interlock in your vehicle.
The only way to avoid the requirement of interlock installation is to challenge the revocation by filing a District Court Appeal. This must be done within thirty days of receiving the Notice of Revocation. The Notice of Revocation is usually contained in the paperwork a person is given when arrested. This is the first step. The second part that must happen to avoid the interlock requirement is to avoid a DUI conviction and/or any agreement that requires an interlock device.
What is an Ignition Interlock Device?
Basically, it is a breathalyzer that is installed in a car. It interrupts the signal between the ignition and the starter until a valid breath sample is received. After the car has been started, the device will randomly require a second test after the vehicle has been started. This is referred to as a rolling retest and will occur 5-15 minutes after the car has been started.
Ignition interlock devices use fuel cell technology as a sensor to measure alcohol. It is an electrochemical device which alcohol has a chemical oxidation reaction when it contacts a catalytic electrode surface (platinum) which generates an electrical current. The device measures the current and converts it to an alcohol level. This technology is not as reliable or accurate as infrared spectroscopy technology. There are many things that can cause a false positive or be mistaken if proper procedures are not followed.
In Oklahoma, the devices are set at a .025 BAC level. If the person blowing is in excess of the limit, the vehicle will not start. If this occurs three times within a 15-minute span, it will be considered a violation. The rolling retest is also set at .025 BAC. If you are over the limit on the retest, you will have to take it again within five minutes or it will be considered a violation. If you test over the limit during the retest, the vehicle will not turn off, but it will either flash lights, emit a constant noise or honk the horn depending on the device. If there is a violation, the vehicle will have to be taken in to a monitoring center within five days.
Quality Representation in Oklahoma
If you have been charged with DUI in Oklahoma, call the Hunsucker Legal Group in Oklahoma City. Our attorneys have achieved excellent results in both criminal DUI court trials and DPS license appeals hearings
Call the Hunsucker Legal Group at 405-231-5600 to see how we can help you retain your driving privileges.
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