Oklahoma Since November 2011, judges must order the use of ignition interlocks for all repeat and first-time convicted drunk drivers with a BAC of .15 or greater. First offenders with a BAC of .08 to .14 can choose to drive during a license suspension period. From 2006 to 2020 in Oklahoma, interlocks stopped 104,009 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 12,650 attempts to drive drunk in 2020.
Grade: F (53/100) Oklahoma’s all -offender law needs an improvement to ensure more drunk drivers utilize an interlock. The law does include measures that ensure more drunk drivers use an interlock by requiring these devices for diversion agreements, but more action is needed to eliminate loopholes.
Why does MADD call the law all-offender? In order for any first-time offender with a BAC of .08 to .14 to be able to drive during a 180 day license suspension following a DUI, he or she must install an interlock or not drive at all. Process to obtain an ignition interlock 1. Complete all jail/suspension time, Complete the Alcohol and Drug Substance Abuse Course (ADSAC). The BOT will send the person a notice of reinstatement requirements. 2. Schedule an appointment to have an interlock device installed. 3. Finally, provide your acknowledgment form of installation (provided by an interlock provider) as proof to the DPS with the person’s reinstatement fee. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense .08 to .14 BAC 30 days after arrest 6 months
First offense .15 BAC plus Second offense
30 days after arrest
18 months
30 days after arrest Upon revocation
4 years
Eliminate waiting time for interlock installation.
First refusal
18 months
Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal?
No
Add a compliance-based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).
Legislative Recommendation
Day-for-Day credit for early installation?
No
Legislative Recommendation
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
Interlocks required for plea agreements or diversion?
Yes
Affordability program? No However, the Department may establish a payment schedule for the reasonable cost of leasing or buying and monitoring and maintaining the interlock. Legislative Recommendation Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users. Sources: 47 §11-902 (D), 47§§ 754.1(B) and 755, §6-212.3, Oklahoma Board of Tests, Oklahoma Department of Public Safety.
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