Ignition Interlock Laws in Oklahoma
The Oklahoma Department of Public Safety administers an ignition interlock device (IID) program for licensing actions related to convictions for driving under the influence (DUI). The IID is connected to the vehicle’s ignition system. The device requires a breath sample from the driver before the vehicle can be started. If the device detects a breath alcohol content that is above a pre-set limit (0.02), the device prevents the vehicle from starting. Random breath samples are required while the vehicle is in operation. The random tests are known as “re-tests.” IIDs must be installed in any and all vehicles operated by the offender. The Oklahoma IID program requires that the device and service provider be authorized by the Board of Tests for Alcohol and Drugs Influence.
Under Oklahoma law, IIDs are ordered by the court in certain DUI and alcohol-related cases. In cases where the second and subsequent DUI or alcohol-related offense occurs within ten years of the first offense, the individual is guilty of a felony. Felony cases require jail time for a period of one to 20 years and fines of $2,500 to $5,000. Third and subsequent DUI or alcohol-related convictions are felonies and the court orders an IID for a period of 30 days. In cases of second-degree murder or first-degree manslaughter where alcohol is a contributing factor, the offender is charged with a felony. Jail time ranges from five to 20 years and the fine is $10,000. If the offender’s blood alcohol content (BAC) at the time of arrest is 0.15 or higher, the offender is charged with aggravated DUI. The court orders supervision for a period of at least one year and an IID for 90 days.
If the driving privileges of the offender are revoked as a result of a DUI or alcohol-related offense, the Department of Public Safety shall require the installation of an ignition interlock device after the mandatory revocation period (which may be modified allowing for full driving privileges with an IID) for the following periods as applicable:
- For a first revocation and if the person refused to submit to a test or tests, or had a blood or breath alcohol concentration of fifteen hundredths (0.15) or more, for a period of one and one-half (1 1/2) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer;
- For a second revocation, for a period of four (4) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer; or
- For a third or subsequent revocation, for a period of five (5) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer.
Oklahoma law prohibits disabling, disconnecting or circumventing the device. The service provider inspects the device during the service appointments for any evidence of tampering. Failure to return the device to the authorized service provider at the end of the IID requirement time period may result in additional legal actions. Legal actions are taken against the offender and any and all parties involved in the violations. Legal actions include a $500 fine and six months in jail.
Any person who knowingly authorizes or permits an offender with an IID restriction to operate a vehicle that is not equipped with an IID may be charged with a misdemeanor. The misdemeanor charge may result in a court order to pay a fine up to $500 and serve a maximum of six months in a county jail.
The offender is responsible for any and all costs associated with the ignition interlock device. When the device is installed, the service provider reviews the lease agreement and costs with the offender. The lease and service agreement details the fees for the device including installation, monthly monitoring and maintenance, and removal.