What is IDAP?
Oklahoma’s DUI laws regarding driving privileges changed on November 1, 2019. On or after that date, a person who is arrested by an officer for DUI or Actual Physical Control (APC) will be given notice that their driving privilege is being revoked effective in 30 days. When that happens, the person will have two options regarding their driving privilege. One of the options is to enter the IDAP Program which we do not recommend as a general rule. The second option is to challenge the revocation. Our attorneys will explain why this is the best option during your free consultation.
IDAP stands for Impaired Driver Accountability Program. Under this program a person has an Ignition Interlock Device (IID) installed on any vehicle they drive for the same time period that their license revocation would be. Thus, if it is a first time DUI/APC, the period would be 180 days. If it is a second or third DUI/APC within a 10 year look back period, the time would be either 1 or 2 years respectively.
To apply to IDAP, you must complete and send a written application to the Oklahoma Board of Tests (BOT) within 30 days of receiving your notice of revocation from Service Oklahoma. If you had a valid driver’s license when arrested, you will keep the same privileges until the time period specified in the notice from Service Oklahoma. Only Class D license holders may participate in the IDAP program.
If accepted to the program, then a signed agreement must be received by the BOT. At this point, an interlock must be installed on the vehicle, as well as payment of a $150 IDAP fee. This must be done prior to the revocation going into effect. Upon review, a restricted license will be issued.
Another potential issue is interlock violations. You must remain violation free to successfully complete the program. If you have a violation during the last 90 days of the program, it will extend the restriction by an additional 90 days for each violation. These violations can be contested by requesting a hearing.
While there are several options available, Hunsucker Legal Group recommends scheduling a free consultation to determine which option may be best for your situation. Call (405) 231-5600 to schedule your free consultation today.
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