Oklahoma Administrative Code
Title 260 - Office of Management and Enterprise Services
Chapter 135 - Service Oklahoma
Subchapter 5 - Driver Licenses and Identification Cards
Part 3 - REVOCATION AND REINSTATEMENT OF DRIVER LICENSE
Section 260:135-5-22 - Ignition interlock requirements for reinstatement
Universal Citation: OK Admin Code 260:135-5-22
Current through Vol. 42, No. 1, September 16, 2024
(a) An ignition interlock is required to be installed, as provided for in this section, as a condition:
(1) for a person classified as an excessive
user as provided in OAC
260:135-5-56; or
(2) for reinstatement if the driving
privileges of the person were revoked for:
(A)
a second or subsequent conviction of driving under the influence of alcohol, as
defined in of 47 O.S., § 11-902, A2 or A4, within five (5) years of a
previous conviction for the same offense,
(B) a second or subsequent conviction of
aggravated driving under the influence of alcohol, as defined in 47 O.S.,
§ 11-902, D, within five (5) years of a previous conviction for the same
offense, or
(C) a second or
subsequent conviction of driving under the influence of alcohol when under
twenty-one (21) years of age, as defined in 47 O.S., § 11-906.4, A1 or A3,
within five (5) years of a previous conviction for the same offense.
(b) Reinstatement from a revocation as enumerated in (a) and the granting of restricted driving privileges, if the person is otherwise eligible, with the issuance of a restricted driver license to the person if the person is otherwise eligible, requires the following:
(1) Completion of the
term of revocation;
(2) Proof of
installation of an ignition interlock device, as approved by the Board of Test
for Alcohol and Drug Influence as prescribed in OAC 40:50- 1-11, at the
person's own expense on all vehicles operated by the person, including
employers vehicles which the person would operate, unless exempted as provided
in 47 O.S., § 6-212.3, B. The proof of installation shall be in writing
from the vendor of the ignition interlock device;
(3) If the employer does not approve the
device being installed on company vehicles, the employer must request in
writing to the Department that the device not be installed on company vehicles.
(A) The request by the employer shall be on
company letterhead stationery, signed by an officer or owner of the company and
notarized. The letter shall list the person's name, license number, date of
birth, and a description of each vehicle, along with the license plate number,
the person will be operating. The letter must specifically request that the
ignition interlock not be installed on each vehicle listed in the
letter.
(B) The person shall have a
copy of the letter in his or her possession when operating the employer's
vehicles, and shall present the letter to any law enforcement officer upon
request by the officer;
(4) Satisfactory completion of all other
statutory requirements for reinstatement, including payment of all statutory
fees, including the cost of replacement driver license, if issued;
and
(5) If the person is classified
as an excessive user of alcohol, he or she shall be required to meet all
requirements set out in the Medical Aspects of Driver Licensing [see OAC
260:135-5-46
et
seq.] for persons so classified, including complete abstinence from
all alcohol and other intoxicating substances for a minimum of twelve (12)
months immediately preceding application for reinstatement.
(c) The period, commencing on the date the person is reinstated, for which the ignition interlock is required shall be six (6) months.
(1) If the records of Service
Oklahoma show multiple revocations which require the ignition interlock
restriction for both six (6) months and twelve (12) months, then the
twelve-month requirement shall take precedence, and the person shall be bound
by the provisions of OAC 260:135.56.
(2) The ignition interlock requirement set
out in this section shall run concurrently with any court order in effect at
the time of reinstatement limiting the person to operation of motor vehicles
equipped with the ignition interlock device. The requirements of any court and
the requirements of the Department's restriction shall function independently
of each other.
(d) Each vendor of ignition interlock devices shall submit a report to Service Oklahoma within 48 hours after the vendor confirms a violation pursuant to (2) of this subsection. The report shall be in writing from the vendor, and the vendor may fax, email, mail, or otherwise deliver a copy of the report to Service Oklahoma in a manner and method prescribed by Service Oklahoma. No other reports shall be sent by the vendor to Service Oklahoma, unless specifically requested by Service Oklahoma.
(1) Service Oklahoma may
revoke the person's driving privilege, as provided in 47 O.S.
§§6-113(C) or 6-212.3(G), for a period of six (6) months, or as
provided in OAC
260:135-5-56, as applicable, upon
receipt of a report from an ignition interlock vendor showing the person:
(A) has attempted to operate the vehicle or
did operate the vehicle with a breath alcohol level of eight one-hundredths
(.08) or more, if the person is twenty-one (21) years of age or
older,
(B) has attempted to operate
the vehicle or did operate the vehicle with a breath alcohol level of two
one-hundredths (.02) or more, if the person is less than twenty-one (21) years
of age, or
(C) has committed any
violation as defined by OAC
40:50-1-1(uu).
Service Oklahoma adopts by reference OAC 40:50- 1-1 pertaining to definitions
of violations related to ignition interlock devices.
(2) The person will be sent an Order of
Revocation in accordance with 47 O.S. § 2-116. The Order will advise the
person of the reason for the revocation, the time period of the revocation, the
requirements for reinstatement, and the statutory authorities.
(3) Upon eligibility for reinstatement for
the revocation required under this subsection, the person shall be required to
begin the period requiring the ignition interlock device without credit for the
time the device was previously installed as a required condition for the
previous reinstatement.
(e) Removal of the ignition interlock device and restricted driving privileges, and the issuance of an unrestricted driver license, if the person is otherwise eligible requires the following:
(1) The person shall successfully complete
the six-month period of interlock device installation, and if no further
revocation has occurred pursuant to (d), the restriction requiring the
interlock device shall be removed from the person's driving record. The person
may have the device removed from all vehicles so equipped, unless otherwise
required by any court order. The person shall provide the vendor with proof of
removal of the ignition interlock device restriction. Such proof may be
correspondence from Service Oklahoma stating the restriction has been removed
or a motor vehicle report issued by Service Oklahoma reflecting no ignition
interlock device restriction; and
(2) Satisfactory completion of all other
statutory requirements including payment of the statutory fee for the cost of a
replacement driver license, if issued.
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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