SECTION 1 – Overview of the Impaired Driver Accountability Program (IDAP)
The purpose of IDAP is to provide you an opportunity to demonstrate your ability and willingness to separate drinking from driving. With the use of ignition interlock devices (IID) to aid in determining when it is safe for you to drive, the Department will support you in your efforts to regain full driving privileges. If you have successfully enrolled in IDAP, your program length will depend on the number of DUI/APC offenses appearing on your driving history within the previous 10 years from the date of your arrest.
• First Offense: A minimum of 180 days.
• Second Offense: A minimum of 365 days.
• Third (and subsequent) Offense: 1,095 days.
Your program length may be extended for verified violations of the IID rules. The rules related to the IID program are explained in greater depth later in this guide. Like the program length, extensions of IDAP are related to the number of previous impaired driving or drug offenses. You will be required to demonstrate compliance with the IID rules for the following periods:
• First Offense: Final 60 days of the program.
• Second Offense: Final 120 days of the program.
• Third Offense: Final 365 days of the program.
These compliance time periods are referred to as Phase II of IDAP. The Department’s response to violations in Phase I and Phase II is explained in greater detail later in this guide.
Once the Department has verified you have completed all aspects of IDAP, the Department will issue a completion letter and your record will be updated to reflect your program completion. The completion process is explained in greater detail in this guide.
SECTION 2 – An Introduction to Ignition Interlock Devices
Participants often have questions about the IID and how it operates. The service center where you have the IID installed is the best source of information about the operation of the specific device. However, here are the answers to some common questions regarding IID operation:
• The IID will not shut the engine off when a re-test is skipped or failed.
• If the vehicle stalls, the IID will allow the engine to be re-started without a breath sample for two (2) minutes.
• The IID will measure alcohol whether it is on your breath or in the ambient air inside the vehicle. Avoid using perfume, breath spray, mouth wash, or other products containing alcohol immediately prior to taking a test.
CHOOSING AN IID
• The State of Oklahoma has approved a number of IID Manufacturers and devices.
• The Participant should have access to an approved Manufacturer’s service center.
• Prices, devices, and service center locations vary by Manufacturer.
• It is recommended that you contact each Manufacturer to determine the best fit for your budget and lifestyle.
• You may access a list of Manufacturer’s corporate toll-free phone numbers by calling 405-425-2142. You may also access the list of approved Manufacturers and devices, along with the toll-free phone numbers by going to: https://pay.apps.ok.gov/bot/ignition/app/list_manufacturers.php
PARTICIPANTS WITH HEALTH ISSUES
Typically, if an individual is physically capable of driving a motor vehicle, they are capable of operating an IID. The State of Oklahoma makes no exception to its IID requirements for those claiming physical inability to operate an IID. The Board of Tests has accommodated the reduction of the required minimum breath volume to 1.2 liters. This is the lowest level of breath volume at which IIDs have been tested by the National Highway Traffic Safety Administration.
Oftentimes, a Participant will struggle not with producing the required volume, but with the anti-circumvention feature of a specific IID. It is recommended to test a demonstration unit of the IID you are interested in installing. This will help you decide whether you will be able to operate the IID on an ongoing basis. There are twelve (12) distinct models of IID approved in Oklahoma, which gives you a good chance of finding an IID you are comfortable with operating. Numerous IID participants with diminished lung capacity, amputations, traumatic brain injuries, and other limitations, have completed IID requirements in the State of Oklahoma. You may also access the list of approved Manufacturers and devices, along with the toll-free phone numbers by going to: https://pay.apps.ok.gov/bot/ignition/app/list_manufacturers.php
SECTION 3 – IID Monitoring and Violations
Typically, you will need to return to the IID service center every thirty (30) days. However, when an IID violation occurs the device will begin a five (5) day timer to a lockout. When the timer expires, the vehicle will not start. You will need to return to the service center prior to the expiration of the time to avoid lockout. This will result in additional fees paid to the service center and the State.
Whether as a result of a lockout, or as routine maintenance, all information stored in the IID will be downloaded when your vehicle is returned to the service center for maintenance. Violations are reported to the Board of Tests for Alcohol and Drug Influence (BOT) for verification. When the violation is verified by BOT, it will be reported to DPS for appropriate follow up.
Violations, as defined by BOT are:
• Three (3) penalty fails, at startup, within a fifteen (15) minute time frame.
• A circumvention (by-passing the correct operation of an interlock device by starting the vehicle, by any means, without first providing a breath test or passing a confirmatory test).
• Three (3) retest violations constitute a reportable violation. Each retest violation thereafter constitutes a reportable violation.
• Removal of the device except:
o (A) Upon receipt of documentation from the Installation Authority or Monitor authorizing said removal.
o (B) The vehicle is being repaired. The program participant must inform the licensed service center at least every eight (8) days as to the anticipated date of completion of repairs, or
o (C) The vehicle is being replaced. In the event the vehicle is being replaced by another vehicle, the removal and reinstallation of the device in the subsequent vehicle must be accomplished within eight (8) days of the removal.
• Tampering (any act or attempt to alter, interfere, disable, defeat or circumvent the installation or operation of the device).
• Missed service appointment, which shall be reported at the time the device enters, or should enter, permanent lockout.
IF YOU RECEIVE A NOTICE OF VERIFIED IID VIOLATION
PHASE I Violations:
If the BOT reports a verified IID violation to the Department during Phase I of your program, the Department will notify you by mail of the violation. This notice may require additional remedial actions you must comply with to remain an active participant in IDAP.
The remedial actions that may be ordered are:
1. Retraining with the manufacturer, at the expense of the participant, if applicable.
2. Installation of an ignition interlock device with a camera.
3. Restrictions on the days and times of the participant’s driving.
4. Referral to re-assessment, at the participant’s expense.
5. Removal from IDAP which will result in a driver license revocation.
You must provide the Department with verifiable proof you have complied with any assessed remedial action.
PHASE II Violations:
You may contest the violation within fifteen (15) days by appearing before a Department Hearing Officer. To locate the closest Department Hearing Officer, call Driver Compliance at 405-425-2059 or 405-425-2098. You may also contact Driver Compliance via email at IDAP@dps.ok.gov. The Department Hearing Officer will conduct an informal hearing to determine:
1. If an IID violation occurred.
2. If you were the person committing the violation.
These are the only two questions at issue in the informal hearing. If you have evidence related to either, or both, of these issues, you will need to present it to the Department Hearing Officer at the time of the informal hearing.
If the Department Hearing Officer rules in your favor, the Order of Extension will be set-aside and your program will not be extended for the violation. If the Department Hearing Officer rules a violation has occurred, your program period will be extended a specific period of time from the date of the violation. Program extension periods depends on the original program length. Extension periods are:
• First Offense program (minimum 180 days) = 60-day extension
• Second Offense program (minimum 365 days) = 180-day extension
• Third and subsequent Offense (minimum 1,095 days) = 365-day extension
The Department’s actions in response to violations are not meant as punishment. Indeed, the Department does not have the authority to punish anyone. The responses are designed to provide you with an opportunity to address the behavior that caused the violation.
SECTION 4 – PROGRAM COMPLETION
Upon successful completion of the required IID installation period you will be ready to take the necessary steps to complete IDAP. DO NOT remove your IID until the Department has issued you a letter of completion. Removing the IID before receiving this letter may cause your program period and IID requirement to be extended. After your final IID service appointment, you will request an Interlock History Report from BOT. This report is provided to the Department to verify there have been no verified IID violations during PHASE 2 of your program. You may contact BOT at 405-425-2460.
IF YOUR IID IS IN A LOCKOUT STATE – OR THERE ARE VIOLATIONS REFLECTED ON YOUR FINAL SERVICE VISIT DO NOT REMOVE THE IID AT THAT TIME. Instead, immediately report this issue to a Department Hearing Officer for resolution. The Department Hearing Officer will be able to determine if it is appropriate to remove the device.
You must complete all requirements of IDAP before you receive the letter of completion form the Department. IDAP requirements are:
1. Interlock History Report from BOT verifying no ignition interlock violations have occurred in Phase 2 of IDAP.
2. Certificate of completion of requirements of the drug and alcohol assessment (ADSAC) required by Oklahoma statutes.
3. Serve the required program time.
After meeting all conditions of IDAP, the Department will update your record to indicate your successful completion and send you the letter of completion. After receiving this letter of completion, you will no longer be obligated to the Department of Public Safety to maintain the IID.