Ignition Interlock Devices (IIDs) in Oklahoma

What is the purpose of Ignition Interlock Devices (IIDs), and how do they work in Oklahoma?

Ignition Interlock Devices (IIDs) are court-ordered breathalyzers that are installed in motor vehicles to prevent a driver from operating the vehicle if he or she has been drinking alcohol. If a driver’s breath sample tests positive for alcohol, the IID will not allow the vehicle to start. In Oklahoma, IIDs are mandatory if a motorist has been convicted of an alcohol-related driving offense. The IID must be installed in any vehicle operated by the convicted individual and must be maintained for at least six months in order for the individual to have their license reinstated. Furthermore, the convicted individual must submit regular breath samples to the IID and must pay for all associated fees and expenses.

Are IIDs mandatory for DUI or DWI offenders in Oklahoma?

Yes. All Oklahoma drivers who have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI) are required to install an ignition interlock device (IID) on their vehicles as part of their sentence.

Is there a minimum BAC level or specific circumstances that trigger IID installation in Oklahoma?

Yes, the minimum BAC level that triggers IID installation in Oklahoma is .08. In addition, if the individual has been convicted of a DUI, an IID may be required regardless of the individual’s BAC level.

Are there different rules for first-time DUI offenders compared to repeat offenders in Oklahoma?

Yes, there are different rules for first-time DUI offenders compared to repeat offenders in Oklahoma. For first-time offenders, fines can range from $100 to $1,000, and there is a mandatory sentence of between ten days and one year in jail. First-time offenders are also required to complete an alcohol and drug assessment and any recommended treatment. In addition, they must have their license suspended for 30 days and an ignition interlock installed for six months to a year.

Repeat offenders may face more serious penalties, including mandatory jail time of one year to 10 years, fines up to $5,000, and license suspension for one year or more. Repeat offenders may also have their vehicles impounded.

How long is an IID typically required to be installed in a vehicle in Oklahoma?

In Oklahoma, an IID must be installed for a minimum of 180 days as part of the court-ordered sanctions for a first offense DUI or driving under the influence of alcohol charge. For a second offense, the IID must be installed for up to one year.

Are there fees associated with the installation, maintenance, and removal of IIDs in Oklahoma?

Yes, there are fees associated with the installation, maintenance, and removal of IIDs in Oklahoma. The fees vary depending on the provider. Installation fees typically range from $50 to $100, and monthly maintenance fees typically range from $50 to $70. The removal fee is typically between $50 and $150.

Do IIDs have any impact on insurance premiums for the vehicle owner in Oklahoma?

In Oklahoma, IIDs do not have an impact on insurance premiums for the vehicle owner. Insurance companies are not allowed to use IIDs as a factor when setting premiums.

What happens if a driver fails an IID breath test while attempting to start the vehicle in Oklahoma?

If a driver fails an IID breath test while attempting to start the vehicle in Oklahoma, they will be locked out of the vehicle. After two failed attempts, a law enforcement officer will be contacted and the driver will be subject to any applicable penalties for driving under the influence.

Is there a requirement for periodic rolling retests while driving with an IID in Oklahoma?

Yes, there is a requirement for periodic rolling retests while driving with an IID in Oklahoma. According to the Oklahoma Department of Public Safety, the driver must complete a rolling retest while driving each month that the IID is required.

Can someone other than the offender drive the vehicle with an IID installed in Oklahoma?

No, only the offender can drive the vehicle with an IID installed in Oklahoma. The IID must detect and record the presence of a valid, deep lung air sample provided by the offender before the vehicle can be started.

Are there penalties for attempting to tamper with or circumvent the IID in Oklahoma?

Yes, there are penalties for attempting to tamper with or circumvent the IID in Oklahoma. If convicted, a person can be fined up to $1,000 and/or sentenced to up to one year in jail. Additionally, the person’s license may be suspended or revoked.

How does our state monitor and enforce compliance with IID requirements in Oklahoma?

The Oklahoma Department of Public Safety (DPS) is responsible for monitoring and enforcing compliance with Ignition Interlock Device (IID) requirements in Oklahoma. DPS oversees the IID Program, which requires individuals convicted of Driving Under the Influence (DUI) or convicted of driving while their license is suspended or revoked due to a DUI to install and maintain an IID in their vehicle.

IID devices are installed in vehicles by State Approved Service Providers and registered with Oklahoma DPS. Each IID device includes a data recorder which records all breath tests taken, the results of those breath tests, the dates and times when the tests were taken, and any attempted circumvention of the device. The data is downloaded remotely by DPS staff to ensure that offenders are complying with the requirements of the program.

Failure to comply with IID requirements can result in further criminal penalties, such as fines, jail time, license suspension or revocation, or additional court costs.

Is there a process for appealing or contesting the IID requirement in Oklahoma?

Yes. The Oklahoma Department of Public Safety (DPS) provides an Administrative Review process for anyone who wishes to contest the installation of an IID. To request a review, a person must fill out an Appeal of Ignition Interlock Device Requirements (Form # SR-31) within 15 days of receiving their notification from DPS. The form can be obtained from the DPS Driver License Supplements page or by contacting the DPS Driver Compliance Unit at 405-425-2424. After the form is received, a hearing will be scheduled to consider the appeal.

Can individuals request a hardship or restricted license during IID installation in Oklahoma?

Yes. Individuals may be able to request a hardship or restricted license during IID installation in Oklahoma. However, this will depend on the individual’s circumstances and the requirements of the court or Department of Motor Vehicles. It is best to contact the court or Department of Motor Vehicles to find out if a hardship or restricted license can be requested.

What happens if someone accumulates violations or fails to comply with IID requirements in Oklahoma?

If someone accumulates violations or fails to comply with IID requirements in Oklahoma, they may be charged with a misdemeanor and face potential fines of up to $1,000. The court may also order them to attend DUI education and/or treatment programs, have their license suspended or revoked, and/or serve jail time. Additionally, the person may be required to install an additional IID in any vehicles they own or operate.

Are there provisions for indigent individuals who cannot afford IID costs in Oklahoma?

Yes, Oklahoma law requires the Oklahoma Department of Public Safety to establish an indigency program. The program covers the cost of an IID for individuals that meet the program’s requirements. Individuals must provide proof of income, proof of indigence, a completed application, and other documents.

How do IIDs impact commercial driver’s licenses (CDLs) and CDL holders in Oklahoma?

In Oklahoma, an ignition interlock device (IID) is required for all commercial drivers charged with a DUI or DWI offense. When a driver operates a commercial vehicle, they must blow into the device before starting the vehicle. If their BAC level is over the legal limit, the vehicle will not start. Drivers must also periodically provide breath samples while on the road to ensure they are not impaired. Failure to comply with an IID requirement can result in a license suspension and other penalties.

Do IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in Oklahoma?

Yes, different IIDs are required for passenger vehicles versus motorcycles or other vehicles in Oklahoma. Motorcycles and mopeds are not required to have an IID installed, but motorcycles must have a functioning interlock system if the owner has two or more DUI convictions or is enrolled in the Impaired Driver Accountability Program. Other vehicles, such as company cars, vans, and fleet vehicles also require an IID if the driver has two or more DUI convictions.

Are there resources or organizations that offer support and guidance for IID users in Oklahoma?

Yes, there are several resources and organizations in Oklahoma that offer support and guidance for IID users. The Oklahoma Department of Public Safety offers an Ignition Interlock Device Program that provides resources and guidance for IID users. The program includes a hotline, an online resource center, and an Ignition Interlock Installation Service Provider Directory. Additionally, Mothers Against Drunk Driving (MADD) provides information and resources on ignition interlock devices to help individuals understand the process and get the help they need.

Can individuals have the IID requirement removed or the duration shortened under certain circumstances in Oklahoma?

Yes, individuals in Oklahoma can have the IID requirement removed or have the duration shortened under certain circumstances. Those circumstances include: completion of an alcohol and drug assessment; completion of an alcohol and/or drug treatment program; successful installation of an ignition interlock device; or significant mitigating circumstances.