Okla. Admin. Code § 260:135-5-22

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

Section 260:135-5-22 - Ignition interlock requirements for reinstatement

(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 260:135-5-46et 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.

Okla. Admin. Code § 260:135-5-22

Transferred from 595:10-1-76 by HB 3419 (2022), eff. 5/19/2022

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