Oklahoma's New DUI Laws - What Are Your Options?
Earlier this month, Oklahoma’s DUI laws drastically changed. Prior to these newly enacted laws, law enforcement could legally suspended a person’s driving privileges if they refuse to take a state-mandated sobriety test and the only way to appeal this suspension is through the Department of Public Safety (DPS). As of November 1, 2019, a person who is arrested by law enforcement for Driving Under the Influence or Actual Physical Control (APC) will be given written notice that their driving privileges will be revoked, effective within thirty (30) days of the arrest and now, drivers will be permitted to appeal this suspension directly to the District Court of the county where the arrest took place.
There are also several other options you may pursue and many may influence the outcome of the criminal prosecution, if any, and based on whether you possess a Commercial Driver’s License (CDL) you should immediately consult with an experienced attorney determine which option is best for you.
I was arrested on or after November 1, 2019 for DUI or APC. What are the options for my Oklahoma Driver’s License?
When you have been arrested for DUI or APC, you will be given notice that your Oklahoma Driver’s License will be suspended within thirty (30) days of the arrest. You will have three options regarding your driving privileges:
Impaired Driver Accountability Program (IDAP) Diversion Agreement
Within thirty (30) days of your arrest, you can apply to Oklahoma Department of Public Safety’s Impaired Driver Accountability Program (IDAP). Under the terms and conditions of this program, you will be required to have an Ignition Interlock Device (IID) installed on any vehicle you drive for the entire length of the what the revocation period would have been should you chosen to not enter IDAP. If you successfully complete the program, then the revocation does not appear on your driving record and there is no reinstatement fee. There is a however, a $250 application fee for the program. Once DPS has approved your participation in IDAP, you need to enroll in the program. You should consider the following:
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 device will run concurrently with any court order for installation of an Interlock for the same offense.
The DUI won’t appear on DPS’s public record, but it will be recorded for the purpose of enhancement in the event of a re-offense.
Similar to past revocation periods, the new IDAP program will require the Interlock device be installed in your vehicle for the following:
First offense - six (6) months
Second offense - twelve (12) months
Third offense - thirty-six (36) months
*There is no longer “extra interlock time” pursuant to the Erin Swezey Act; once you complete IDAP, you will have your full driving privileges reinstated and will be permitted to drive without an Interlock device, regardless of whether you refused or how many times you have been arrested on DUI-related offenses.
Fight the Revocation
Should you decline the state’s offer to enter IDAP, you may elect to challenge the revocation of your driving privileges by filing a petition in District Court in the county where the arrest took place. The District Court will set the matter for a hearing where issues concerning the stop and law enforcement’s determination that you were intoxicated will be heard. The burden is on DPS to establish the merits of the case and prove the revocation should remain. Issues that may be litigated included whether you were denied a breath/blood test, if that breath/blood test was obtained from you within two hours of the arrest, the results of the breath/blood test and whether the results in fact reflect the alcohol concentration, or whether you refused to submit to the test. If the court finds that DPS has not met its burden, the revocation order will be vacated and you will not be required to have an Ignition Interlock Device in order to drive nor will anything show on your public driving record.
If the court finds that DPS did not meet the burden and the revocation remains, then you will have an opportunity to request a modified license to allow you the ability to drive with an Ignition Interlock Device installed during the revocation period. While the Interlock requirement can be extended for certain violations, it is not the same as those under the IDAP program. At the end of the revocation period, you will be required to submit a drug and alcohol assessment and pay the required reinstatement fee to DPS. Further, this revocation will remain on your public driving record for three (3) years.
With the new laws, it is important to note the following when considering fighting the revocation:
The petition must be filed within thirty (30) days after the notice of revocation has been served on the arrestee.
The case must be set for hearing 15-30 days from the date the petition is filed.
There is no longer a $250 cash bond - previous law required an appeal of a DPS hearing required an extra $250 cash bond to be paid.
DPS has indicated that they will not object to stay of the revocation while the appeal is pending. This means your license will not be revoked at the 30-day mark should you exercise your right to appeal in district court.
If you lose in District Court, then your license and driving privileges will be revoked. Once the revocation period has ended, you will be required to pay the reinstatement fee (approximately $365) and submit proof of a Alcohol and Drug Substance Abuse Course (ADSAC) completion.
If you lose in District Court and your driving privileges are revoked, you may still request the court to grant a modified license so that may legally drive during the revocation period. The modified license will require the installation of an Interlock device during the revocation period.
If you have filed a challenge in District Court, DPS administrative rules currently prohibit you from enrolling in IDAP. NOTE: This is not statute — it typically takes longer than 30 days to receive the necessary incident reports and police dash/body camera footage. Restricting drivers from participating in IDAP while challenging the arrest in District Court puts drivers at a significant disadvantage and will most certainly be challenged. Without knowing the merits of your case, you will be unable to make the most informed decision when the 30-day deadline approaches.
Also, if you lose the hearing in District Court, your license will be suspended accordingly:
First offense - six (6) months
Second offense - twelve (12) months
Third offense - thirty-six (36) months
Again, under the new laws there is no longer “extra Interlock time” pursuant to the Erin Swezey Act. Once your driving privileges are reinstated, you can drive with a normal license and without any conditions, including an Interlock device, regardless of whether you refused the breath/blood test or how many times you have been arrested for DUI-related offenses.
Do Nothing
You can always elect to do nothing and simply allow your driving privileges to be revoked for the statutory period. If you do not apply to IDAP and you do not challenge the arrest or breath/blood test in District Court, then your license will be revoked thirty (30) days after the Notice of Revocation date for a breath test/refusal and forty (40) days after the date DPS mailed the Notice of Revocation. If you are otherwise eligible for a modified license, DPS shall issue you a modified license upon request for the 6-36 month periods while may modify for the 12 month period. Further, an Ignition Interlock Device must be installed during the modification period and the periods of revocation and the amount of time an Interlock must be installed are the same as if you lost your District Court appeal. The periods are as follows:
First offense - six (6) months
Second offense - twelve (12) months
Third and subsequent offense - thirty-six (36) months
If you elect this option, it is important to know certain requirements concerning the installation of the Interlock device. While the periods of revocation and periods of Interlock installation will run concurrently, each must be for no less than the respective amount of time. For example, if you receive a modified license three months into your twelve (12) month revocation, you will still be required to keep an Interlock device installed in your vehicle for for a full twelve (12) months — you cannot defer part of any revocation period in order to get less Interlock time. This means you should elect to install an Interlock device on your vehicle as close to the date your license is revoked.
These are simply principal options you will have should you be arrested for DUI/APC on or after November 1, 2019. As stated above, there are also very significant considerations you should account for if you have a Commercial Driver’s License or drive company vehicles, have restricted insurance, or rent vehicles.
If you have been arrested for or charged with Driving Under the Influence, or related offense, schedule your free consultation with Diver Law Firm today and determine which option may be best suited for you. Contact us today at (405) 896-8080 for your no-obligation case evaluation with an experienced Oklahoma DUI lawyer.