Oklahoma Impaired Driver Accountability Program DUI

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What is IDAP?

Oklahoma’s DUI laws regarding driving privileges changed November 1, 2019.  On or after that date, a person who 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 three options regarding their driving privilege.  One of the options is to enter the IDAP Program.

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 3 years respectively.

If the person successfully completes the program, then the license revocation does not appear on their driving record and there are no reinstatement fees. 

To apply to IDAP, you must complete and send a written application to the Department of Public Safety within 30 days of your notice of revocation.  The notice of revocation is generally the same day as the arrest date.  Once it is received by DPS, they will stay the revocation of your license until the 45th day after receiving the notice of revocation.  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 department. At this point, an interlock must be installed on the vehicle, as well as payment of a $200 IDAP fee plus $50 fee for issuing a restricted license.  This must be done within 45 days of the arrest. Upon review, a restricted license will be issued.

There are several things to be aware of when looking at the best option on how to proceed.  The pro is that the IDAP does provide a way to keep a DUI related license revocation off your record. The cons are that there is a cost.  In addition to the application fees, the cost of installing and maintaining the interlock is paid by the licensee.  It costs approximately $75 to install the device and approximately $75/month to maintain and rent the interlock device.

Another potential issue is interlock violations.  You must remain violation free to successfully complete the program.  If you have violation during the 180 restricted period, it will extend the restriction by an additional 60 days for each violation.  If you are on a one year restriction, each violation extends the restriction by 120 days.  If you are on a three year restriction, each violation extends the restriction by one year.  These violations can be contested by requesting a hearing.

It is also possible for the Department of Public Safety to restrict the hours you are allowed to drive, require more expensive camera equipped interlocks or remove you from the program if a person has continued violations.

Once you successfully complete the restriction time, the restriction is removed and nothing will show on your public driving record.

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.

Below are the official rules for the program as of Nov 12, 2019.

ADMINISTRATIVE RULES OF THE IDAP PROGRAM

595:4071. Impaired Driver Accountability Program – Purpose

The Impaired Driver Accountability Program (IDAP) is created for the purpose of enhancing public
safety and to assist impaired driving offenders in mitigating the personal and financial costs of the
offense of impaired driving through the administration of a monitored ignition interlock program
implementing compliance based removal of the ignition interlock device.

595:4072. Definitions

The following words and terms, when used in this Chapter, shall have the following meaning,
unless the context clearly indicates otherwise:

"IDAP Phase 1" shall mean the period of time in IDAP in which the participant is subject to remedial
measures other than program extension as a result of ignition interlock violations or program violations.
(A) Six (6) month IDAP: the first 120 days after enrollment.
(B) Twelve (12) month IDAP: the first 245 days after enrollment.
(C) Thirty‐six (36) month IDAP: the first 365 days after enrollment.

"IDAP Phase 2" shall mean the period of time in IDAP in which the participant is subject to program
extension as a result of ignition interlock violations or program violations.
(A) Six (6) month IDAP: the last 60 days of the original program length, and any
extensions imposed by these rules.
(B) Twelve (12) month IDAP: the last 120 days of the original program length, and
any extensions imposed by these rules.
(C) Thirty‐six (36) month IDAP: the last 365 days of the original program length, and
any extension imposed by these rules.

"One (1) year" shall mean 365 days.
"Six (6) months" shall mean 180 days.
"Three (3) years" shall mean 1,095 days.
"Verified Ignition Interlock Violation" shall mean a record received by the Department from
the Board of Tests for Alcohol and Drug Influence indicating the review and verification of an
ignition interlock violation in accordance with the rules of the Board. These include:
(A) Three (3) penalty fails, at startup, within a fifteen (15) minute time frame;
(B) Three (3) retest violations constitute a reportable violation. Each retest violation
thereafter constitutes a reportable violation.
"Verified Program Violation" shall mean a record received by the Department from the
Board of Tests for Alcohol and Drug Influence indicating the review and verification of an
ignition interlock program violation. These include:
(A) A circumvention
(B) Removal of the device except:
(i) Upon receipt of documentation from the Installation Authority or
Monitor authorizing said removal
(ii) The vehicle is being repaired. The program participant must inform the
licensed service center at least every eight (8) days as to the anticipated
date of completion of repairs, or
(iii) The vehicle is being replaced. In the event the vehicle is being
replaced by another vehicle, the removal and reinstallation of the device in
the subsequent vehicle must be accomplished within eight (8) days of the
removal
(C) Tampering
(D) Missed service appointment

595:4073. Request for participation – Departmental review – IDAP agreement

(a) Requests for participation in IDAP must be received within thirty (30) days of the notice of
revocation, given pursuant to 47 O.S. §2‐116, as reflected by the records of the Department. Upon
receipt of the request for participation, the Department shall enter a temporary stay until the expiration
of 45 days from the date of the notice of revocation to the participant. Exceptions to the thirty (30) day
requirement may be approved by the Director of the Driver Compliance Division or General Counsel.
(b) The customer cannot enroll in IDAP if a District Court appeal has been filed on behalf of the
customer for the same incident referenced in the customer's request for IDAP participation.
(c) Requests for participation in IDAP will be reviewed immediately if presented in person to a
Hearing Officer.
(d) Requests for participation in IDAP mailed to the Department will be reviewed within three (3)
business days of receipt and approved, denied, or returned for more information.
(e) Review of the Request for Participation will include, at a minimum:
(1) Examination of the driving record for the purpose of determining program length;
(2) Confirmation of the License class. Only class D license holders may participate in
IDAP.
(f) Upon approval of the Request to Participate in IDAP the participant will execute an IDAP
Agreement with the Department outlining the respective roles and responsibilities of the
participant and the Department.
(g) For IDAP request received by U.S. Mail, the post mark date shall be considered the date
received.

595:4074. Program enrollment – calculation of time – IDAP agreement

(a) The participant must enroll in IDAP within forty‐five (45) days of the day of notice of
revocation as reflected by the records of the Department. Exceptions to the forty‐five (45) day
requirement may be approved by the Director of the Driver Compliance Division.
(b) Enrolling in IDAP consists of:
(1) Payment of the IDAP fee of $200.00 to the Department;
(2) Presentation of an Ignition Interlock Installation Verification Form;
(3) Completion of an IDAP Agreement between the Participant and the Department
(4) Acknowledgement of receipt and review of the "IDAP Participant’s Guide";
(5) Obtaining a Restricted Driver License with an Ignition Interlock Restriction.
(c) Whatever the Participant’s required program length, as calculated by the Department:
(1) The day enrollment in IDAP is complete counts as the Participant’s first day of
the program.
(2) All program restrictions, including the ignition interlock requirement, continue
through the last day of the program as calculated by the Department. The participant is
responsible for ensuring completion of IDAP before removing the ignition interlock device.
(d) The IDAP Agreement will be signed by the Hearing Officer and the Participant and shall
include the following information:
(1) Participant’s full name;
(2) Participant’s correct address. In the event Participant’s address on record is not
correct, it will be updated;
(3) Participant’s preferred phone number;
(4) Participant’s email address (if applicable);
(5) The date upon which the IDAP Agreement was signed;
(6) A list of Ignition Interlock Violations as defined by the Board of Tests for Alcohol
and Drug Influence;
(7) An explanation of the consequences of violations of the Ignition Interlock
Program.

595:4075. Ignition interlock device monitoring – interlock violations – program extensions –informal hearings

(a) The participant is responsible for ensuring the ignition interlock is monitored on a regular basis
in accordance with the interlock manufacturer’s recommendations.
(b) Upon receipt of a report of a verified program violation during any phase of IDAP the participant
must appear before the Department to provide proof the program violation has been remedied.
(c) Upon receipt of a report of a verified ignition interlock violation, or verified program violation,
during Phase 2 of IDAP, the Department will extend the participant’s program length in accordance with
47 O.S. §212.3, and issue notice of the extension to the participant.
(d) In Phase 1 or Phase 2 of IDAP, when the Department receives a report of a verified program
violation, or a verified ignition interlock violation, the following remedial measures may be imposed:
(1) Retraining with the manufacturer, at the expense of the participant, if
applicable;
(2) Installation of an ignition interlock device with a camera;
(3) Restrictions on the days and times of the participant’s driving;
(4) Referral to re‐assessment; and
(5) Removal from IDAP which will result in a driver license revocation.
(e) The participant may appear before a hearing officer within fifteen (15) days of receipt of
the notice of any violation to contest the violation. The hearing officer may sustain or set aside
the violation. The participant’s failure to contest a violation within the time allowed will waive
any future right to contest the violation.

595:4076. Graduation from IDAP – requirements – presentation of certificate

(a) Graduation from IDAP occurs when the participant presents to the Department:
(1) Completion form from the Board of Tests for Alcohol and Drug Influence
verifying no ignition interlock violations have occurred in Phase 2 of IDAP;
(2) Certificate of completion of requirements of the drug and alcohol assessment
required by Oklahoma statutes;
(b) The Department will verify that it has not received any additional officer’s affidavits and
notices of revocation related to the participant.
(c) The Department will update the Driver Index of the participant to reflect the completion
of the IDAP program and issue a completion certificate to the participant.

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