Oklahoma Administrative Code
Title 670 - Service Oklahoma
Chapter 15 - DRIVER LICENSES AND IDENTIFICATION CARDS
Subchapter 11 - MEDICAL ASPECTS
Section 670:15-11-11 - Alcohol and/or other intoxicating substances abuse
Universal Citation: OK Admin Code 670:15-11-11
Current through Vol. 42, No. 1, September 16, 2024
(a) Informal interview. A person may be advised, in writing, to appear for an informal interview before a representative of Service Oklahoma if, within the immediately preceding ten (10) years, the driving record of the person on file with Service Oklahoma indicates two suspensions, revocations, or convictions, or any combination thereof, not arising out of the same event or incident, for the following:
(1) A conviction in any court for driving or
being in actual physical control of a motor vehicle while under the influence
of alcohol or any other intoxicating substance or the combined influence of
alcohol and any other intoxicating substance.
(2) A revocation for refusal to submit to a
breath, blood or other test or tests for determining concentration of alcohol
or other intoxicating substance [47 O.S. §§ 6-205.1 and
753].
(3) A revocation for an
alcohol concentration which exceeds the legal limit [see 47 O.S.
§§6-205.1 and 754 regarding the legal alcohol concentration
limit].
(4) A conviction in any
court for driving while impaired.
(b) Interview.
(1) When an interview is conducted, the
purpose will be to review the driving record of the person and to explain
Service Oklahoma's guidelines relative to alcohol and/or other intoxicating
substance abuse. The interview will be conducted in person or by telephone. The
person will be advised that, should his or her driving record ever reflect
three or more suspensions, revocations, convictions, or any combination
thereof, as set forth in (a) of this Section, occurring within any ten-year
period and resulting from any incidents, Service Oklahoma will classify the
person as an excessive user and inimical to public safety. The absence of an
interview shall not prevent action on the person's privilege to
drive.
(2) In the event the
person's driving record does reflect a third suspension, revocation, or
conviction within in any ten-year period resulting from any incident or
combination of incidents set forth in (a) of this Section, the person will be
classified as an excessive user and inimical to public safety. Service Oklahoma
may advise the person, in writing, that before future consideration will be
given regarding the return of the driving privilege, the person must keep the
alcohol and/or other intoxicating substance problem completely under control
for one year preceding application for reinstatement of driving privileges.
Once this has been accomplished, the person must appear for an interview before
a representative of Service Oklahoma for consideration to determine whether
returning of the driving privilege is consistent with public safety.
(A) If at the time of the interview it
appears the person has had the alcohol and/or other intoxicating substance
problem under control for one year and does not have another ailment which
would prohibit driving, three or more notarized affidavits will be furnished by
the person to Service Oklahoma to confirm the control issue. These affidavits
shall be completed by responsible citizens who know the person well, such as
the current spouse, an A.A. sponsor, the current employer, a law enforcement
officer, or a physician, psychiatrist, or psychologist. Service Oklahoma may
also require the person to furnish an assessment of alcohol or substance abuse
by a psychologist or substance abuse rehabilitation counselor.
(B) When the person is otherwise eligible for
reinstatement and, after investigation of the character, habits, and driving
ability of such person, Service Oklahoma is satisfied it will be consistent
with public safety to grant the privilege of driving a motor vehicle, a
restricted driver license may be issued to the person, provided all statutory
requirements are met.
(i) The person must
continue to abstain from the use of all alcohol and/or other intoxicating
substances during the period driving privileges are granted under a restricted
driver license. At the discretion of the Executive Director, each time the
restricted driver license is reviewed, the licensee may be required to appear
in person before a representative of Service Oklahoma and be provided an
informal interview on the issue of abstention. On or after September 1, 2005,
any person who becomes classified as an excessive user or any person previously
classified who violates the restricted driver license program shall be required
to provide proof of installation of an ignition interlock device at the
person's own expense, approved by the Board of Test for Alcohol and Drug
Influence as prescribed in OAC
40:50-1-11, on all vehicles
operated by the person, including employers vehicles which the person would
operate unless the person meets the employee/employer's exceptions noted in 47
O.S., § 6-212.3,B. The period, commencing on the date the person is
reinstated, for which the ignition interlock is required shall be twelve (12)
months. If the employer does not approve the device being installed on company
vehicles, the employer must request in writing that the device not be installed
on company vehicles.
(I) 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 employee's name,
license number, date of birth, and a description of the vehicles the employee
will be operating, along with the tag number evidencing the vehicle is company
owned. The letter must specifically request that the ignition interlock not be
installed on these vehicles.
(II)
The employee shall have a copy of the letter in their possession when operating
the employer's vehicles and shall present the letter to any law enforcement
officer they come into contact with.
(ii) The restricted driver license instructs
any law enforcement officer to forward a report of an alcohol or other
intoxicating substance related incident to Service Oklahoma. The licensee shall
drive with a restricted driver license for a minimum of two (2)
years.
(iii) If the restricted
driver license is withdrawn for use of alcohol and/or other intoxicating
substance incidents or committed any violation as defined by OAC
40:50-1-1(uu),
the licensee shall not be considered for a second issuance until satisfactory
proof is shown once again that the person has gone one (1) year with the
alcohol and/or other intoxicating substance abuse problem under control. At the
time of reinstatement, the person will again be required to comply with the
installation of an ignition interlock device as provided in paragraph (i)
above.
(iv) When two restricted
driver licenses have been withdrawn for subsequent alcohol or other
intoxicating substance incidents or committed any violation as defined by OAC
40:50-1-1(uu),
before the licensee can be considered for a third restricted driver license,
proof must be shown that the problem has been under control for eighteen (18)
months. In addition, verification of successful completion of a rehabilitation
program at an approved treatment center will be required. At the time of
reinstatement, he the person will again be required to comply with the
installation of an ignition interlock device as provided in paragraph (i)
above.
(3) As
used in this subsection, the term "control" means complete abstinence from the
use of alcohol and/or other intoxicating substance for a minimum of one
year.
(c) Reinstatement.
(1) 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:
(A) The person shall
successfully complete the twelve-month period of interlock device installation,
and if no further withdrawal of driving privileges has occurred pursuant to
(b), 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
(B) Satisfactory completion of all other
statutory requirements including payment of the statutory fee for the cost of a
replacement driver license, if issued.
(2) In the event a person who has been
classified as an excessive user becomes a legal resident of another state or
driver license jurisdiction, the person may be considered for reinstatement
provided the following criteria is met:
(A)
An affidavit is furnished to Service Oklahoma stating the licensee is a
permanent resident of another state or driver license jurisdiction, and has
abstained from the use of alcohol or other intoxicating substance for a minimum
of one year,
(B) A psychologist or
drug rehabilitation counselor must submit a report based on an assessment
performed within the last sixty (60) days indicating:
(i) the person is successfully dealing with
the alcohol/substance abuse problem; and
(ii) it is the counselor's opinion that the
person would be a reasonable or safe risk to operate a motor vehicle
and
(C) All statutory
requirements regarding reinstatement have been met including but not limited to
the installation of an ignition interlock as provided in paragraph B(i)
above.
(d) Denial of driving privileges. Any person failing to meet the requirements for a restricted driver license shall be denied driving privileges pursuant to 47 O.S. § 6- 103.
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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