Getting arrested for Driving Under the Influence (DUI) or Actual Physical Control (APC) in Oklahoma puts you into two completely separate legal fights that both could jeopardize your driver’s license. Knowing how to fight a driver’s license suspension after a DUI in Oklahoma begins with understanding the legal definition of these terms and the procedures.
Criminal and Civil Legal Threats to Your License
Immediately upon failing a breath or blood test with a blood alcohol concentration (BAC) of 0.08 or above, or if you refuse to take the test, Service Oklahoma will begin an administrative revocation of your license. This civil administrative case is the most pressing, and you must act fast to protect your ability to drive. Some recent major changes to Oklahoma law make it easier to keep driving, but you must follow the rules exactly and on time.
You will also face a criminal court case, which could result in a license suspension, jail time, fines, and required counseling through the Alcohol and Drug Substance Abuse Course (ADSAC). This is a penalty separate from the civil administration case, which a judge will only add if you are convicted of a DUI or APC in court. To continue driving, you must first address the administrative revocation.
When you are arrested, the officer will give you a notice that your license will be taken away in 30 days. After a recent 2022 law, you will be automatically enrolled in the Impaired Driver Accountability Program (IDAP). However, you can choose to fight the revocation in court through an appeal.
Appealing Service Oklahoma’s Revocation in Court
By challenging Service Oklahoma’s decision to revoke your license, you can keep driving immediately while your lawyer files the court case. They will need to argue that the police did not follow proper rules and procedure at some point in stopping, arresting, or giving you the breath test.
If you win your case, your license will be reinstated without any additional programs, and your record will be cleared. Speaking with an attorney can help you understand if your case qualifies for an appeal.
Joining the Impaired Driver Accountability Program
If you are not able to file an appeal or your appeal was denied, you must join the IDAP. This program allows you to continue driving while your case is pending, provided you have a special device installed in your car called an Ignition Interlock Device (IID). This breathalyzer stops your car from starting if it detects any amount of alcohol.
Starting in 2024, a new benefit for first-time DUI/APC arrests is now available. Those who enroll within the 30-day period and successfully complete the program will have the administrative license revocation removed from their driving record. To do this, the driver must arrange for the IID device to be installed without delay, or fighting the revocation in court.
Dealing with an Ignition Interlock Device
Joining the IDAP costs a $150 fee plus the monthly rental and maintenance costs for the IID installation. If you try to bypass the device, fail a breath test, or are caught tampering with it, this counts as a violation and will result in you keeping the device longer. Based on your history, the IID will be installed for a set amount of time:
- First Offense: 6 months or 180 days
- Second Offense: 1 year
- Third or More Offenses: 2 years
You must have a clean driving period at the end of whatever revocation period you are given, depending on your offense history. To protect your job, your independence, and your future, consult with a lawyer right away on your options.