Okla. Admin. Code § 260:135-5-56

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-5-56 - Alcohol and/or other intoxicating substances abuse

(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 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, 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.

Okla. Admin. Code § 260:135-5-56

Transferred from 595:10-5-12 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023