If you are arrested for a DUI or APC, or refuse a breathalyzer after being pulled over for a DUI, the State will begin the process of revoking your license with the Department of Public Safety (DPS).
Here are the three ways you can respond:
(1) File an Appeal
If you believe the stop, arrest, breathalyzer, or blood test were handled improperly, your attorney can file an appeal to challenge the DUI arrest. The appeal must be filed in the district court of the county where you were arrested within 30 days of the notice of revocation. If you win the appeal, you will not lose your license. If your appeal is denied, you can either accept your license revocation or apply to participate in IDAP.
(2) Participate in IDAP
IDAP is a “diversion” program within DPS designed to lessen the consequences of a DUI arrest by keeping people from committing serial offenses (a subsequent DUI) or related crimes (driving without a license). IDAP accomplishes this by requiring participants to install an interlock device (blower) in their vehicle for 180 days, 1 year, or three years for a first, second, or third offense in the last 10 years.
You must apply for IDAP through DPS within 30 days of the notice of revocation. Only Class D license holders can participate. The benefits of IDAP are:
- Your license won’t be revoked
- There’s no license reinstatement fee after you’ve successfully completed your IDAP
- Your DUI won’t appear on DPS’s public record (but will appear in criminal records and can be used for enhancement in any re-offense)
If you are accepted into IDAP, you must complete all of these steps within 45 days of your arrest:
Pay DPS fees ($250+)
Provide DPS with:
- Proof of interlock installation (there will be costs to install, maintain, and remove the device)
- Employer Exception notarized documentation if you operate a vehicle owned by your employer (first-time offense only)
- Proof of liability insurance on the vehicle with the interlock device
- Proof of driving privileges
- Complete IDAP Agreement form
- Review IDAP Participant’s Guide
The program requires you to go the final 60/180/365 days (depending on if the first, second, or third offense in the last 10 years) without any violations (alcohol on your breath while blowing into the device, circumventing the device, etc.) Any violations during this timeframe will result in having to start the 60/180/365 days over until you go a full 60/180/365 days without a violation.
At the conclusion of your IDAP, you'll turn in the red stamp copy of your DUI class certificate and
get a program completion certificate that allows you to take the interlock out of your vehicle.
(3) Do Nothing
Service Oklahoma (formerly DPS) will typically mail you a notice of revocation. They can do so up to 180 days after your arrest, or 180 days after your blood test results are complete if you took a blood test.
If Service Oklahoma mails you a notice, you have 40 days from the date on the notice to file an appeal or your driver's license will go into revocation until you complete the IDAP program. You do not have the option to sit out the revocation -- you must complete IDAP to get your license back.
Commercial Driver’s License (CDL)
CDL holders face more extreme consequences than non-commercial drivers when arrested for a DUI.
Regardless of whether you were driving your work or personal vehicle when you received a DUI or APC, or refused to take a breathalyzer test, it results in a license suspension of:
- First-time conviction: One year
- Second-time conviction: Lifetime ban
- Any felony drug conviction: Lifetime ban
If you’re a pilot who has been charged with a DUI, contact us immediately so we can assess your situation. The unique reporting requirements of aviation agencies requires particular care and experience.
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