Having a Blood or Breath Alcohol Concentration (Testing) Over the Legal Limit
47 O.S. Section 6-205.1
This administrative revocation* occurs following a DUI or APC arrest where the driver fails the state’s blood or breath test or tests. The potential length of revocation is the same as described for DUI above. Reinstatement requirements are also similar to a DUI Conviction. Installation of an ignition interlock device will be required as a condition of reinstatement for the period of time listed under 47 O.S. Section 6-212.3 in all cases except where the revocation is the driver’s first revocation and the driver agreed to test and the test results were less than 0.15. If the driver refused the test or tests or had a blood or breath alcohol concentration of 0.15 or more, the installation of the ignition interlock device as a condition of reinstatement will be required for driver’s first revocation. For a first revocation, the interlock is required for a period of one and one-half (1 ½) years. For a second revocation on their driving record, the interlock is required for a period of four (4) years; and for a third or subsequent revocation on their driving record, the interlock is required for a period of five (5) years.
*NOTE: DPS WILL NOT additionally revoke for a DUI/APC or Aggravated DUI conviction when the driving privileges of a driver have been revoked because of a test refusal or test result arising out of the same arrest that resulted in the conviction.