Okla. Stat. tit. 47 § 6-212.5

Current through Laws 2024, c. 453.

Section 6-212.5 - Impaired Driver Accountability Program

A. The Impaired Driver Accountability Program (IDAP) established by the Department of Public Safety is hereby transferred to the Board of Tests for Alcohol and Drug Influence for impaired driving arrests occurring on or after November 1, 2022. The Board of Tests for Alcohol and Drug Influence shall charge an administrative fee of One Hundred Fifty Dollars ($150.00) to each person entered into IDAP. One Hundred Dollars ($100.00) of each administrative fee shall be deposited in the General Revenue Fund of the State Treasury. Twenty-five Dollars ($25.00) of each administrative fee shall be deposited in the Department of Public Safety Restricted Revolving Fund. Twenty-five Dollars ($25.00) of each administrative fee shall be deposited in the Board of Tests for Alcohol and Drug Influence Revolving Fund. The Board of Tests for Alcohol and Drug Influence shall promulgate rules necessary to administer the program . The IDAP rules shall require, at a minimum:

1. Installation of an approved ignition interlock device for the periods set forth in Section 6-205.1 of this title;

2. A description of ignition interlock violations;

3. A description of criteria to determine acceptable participation in the program;

4. Required violation free periods of no less than ninety (90) days at the end of each program to demonstrate compliance by the participant;

5. Criteria for medical exemptions from ignition interlock requirements for persons submitting a pulmonologist's certification indicating the person has a documented medical condition preventing the person from providing a breath sample of at least one and two-tenths (1.2) liters. Medical exemptions shall not be construed to grant the person driving privileges during the revocation;

6. Criteria for granting employer exceptions to ignition interlock requirements in vehicles owned or leased by the employer. Employer exceptions under this paragraph shall not be construed to relieve the person from completing the Impaired Driver Accountability Program. Employer exceptions under this paragraph are only authorized for revocations imposed in accordance with paragraph 1 of subsection A of Section 6-205.1 of this title; and

7. Criteria for granting affordability accommodations to persons on public assistance programs or whose family income is at or below one hundred fifty percent (150%) of the federal poverty level.

B. Upon successful completion of the program, in accordance with the rules of the Board of Tests for Alcohol and Drug Influence, the person will be provided a completion certificate. Upon presentation of the IDAP completion certificate and documentation required by Section 6-212.2 of this title and payment of the required statutory fees, Service Oklahoma will reinstate the driving privileges of the person, if otherwise eligible.

C. The Board is authorized to promulgate rules necessary to regulate ignition interlock devices and the providers of such devices, which shall be subject to suspension or revocation in accordance with the rules promulgated by the Board. The Board is authorized to charge appropriate fees for operations incidental to its required duties and responsibilities. No interlock provider utilizing a lease, clause, or contractual agreement that authorizes the provider to impound, physically immobilize, or seize a vehicle for outstanding debts or arrears may be licensed by the Board.

D. The Board is authorized to prescribe uniform standards and conditions for, and to approve satisfactory methods, procedures, techniques, devices, equipment, and records for ignition interlock device performance and data.

E. The Board is authorized to prescribe and approve the requisite education and training for the performance of ignition interlock services. The Board shall establish standards and ascertain the qualifications and competence of individuals who provide ignition interlock services and to issue permits to such individuals and service centers which shall be subject to suspension or revocation in accordance with the rules promulgated by the Board.

F. The driving record of a person subject to revocation under the provisions of Section 753 or 754 of this title contained in paragraph 1 of subsection A of Section 6-205.1 of this title, excluding those subject to revocation under the provisions of paragraph 2 of subsection A of Section 6-205 of this title who enrolls in IDAP in accordance with this paragraph shall be updated to indicate completion of IDAP without revocation, provided the following requirements are satisfied:

1. At the time of the arrest, the person was a holder of a Class D driver license and was not driving or in actual physical control of a commercial motor vehicle;

2. The Board of Tests for Alcohol and Drug Influence receives the request for IDAP participation and payment of the program administration fee as set forth in this section within thirty (30) calendar days from the date of the arrest;

3. The person is otherwise eligible for driving privileges in Oklahoma on the date he or she enrolls in IDAP;

4. The person provides proof of enrollment in IDAP to Service Oklahoma and obtains a restricted driver license pursuant to Section 6-212.3 of this title prior to the revocation taking effect;

5. The person provides proof of completion of IDAP to Service Oklahoma;

6. The person has complied with the reinstatement requirements set forth in Section 6-212 of this title, including the payment of any necessary fees;

7. The person provides proof of completion of the alcohol and drug assessment and evaluation required by Section 6-212.2 of this title; and

8. The person enrolling in IDAP in accordance to the provisions of this subsection shall waive the right to file an appeal pursuant to Section 6-211 of this title regarding the arrest related to the IDAP enrollment.

Okla. Stat. tit. 47, § 6-212.5

Amended by Laws 2024 , c. 265, s. 4, eff. 11/1/2024.

Amended by Laws 2022 , c. 376, s. 5, eff. 11/1/2022.

Added by Laws 2019 , c. 400, s. 9, eff. 11/1/2019.