Okla. Admin. Code § 40:50-3-3

Current through Vol. 42, No. 8, January 2, 2025

Section 40:50-3-3 - [Effective until 9/14/2025] Program length - program participation criteria - calculation of active days

(a)BOT IDAP program lengths. Program lengths shall be no less than the revocation durations set forth in 47 O.S. §6- 205.1 or the required revocation period as reflected on the Notice and Order of Revocation/Disqualification issued by the state driver licensing authority or Final Order of the court. The program length shall also be subject to the statutory completion requirements pursuant to 47 O.S. §6-212.5. The program length shall also be subject to OAC 40:50-3-5 completion requirements. BOT IDAP lengths pursuant to 47 O.S. §§6-205.1; 6-212.5 shall be:

(1) No less than One Hundred Eighty (180) active interlock days for a first license revocation as shown by the records of the state driver licensing authority.

(2) No less than Three Hundred Sixty Five (365) active interlock days for a second license revocation occurring within ten (10) years preceding the date of arrest as shown by the records the state driver licensing authority.

(3) No less than Seven Hundred Thirty (730) active interlock days for a third or subsequent license revocation occurring within ten (10) years preceding the date of arrest as shown by the records of the state driver licensing authority.

(b)Program participation criteria. BOT IDAP participants shall not receive credit toward his/her program length for any thirty (30) calendar day cycle the participant fails to meet the program participation criteria as defined in this subchapter. A compliance download service as defined in 40:50-3-1.1 may be needed to fulfill these criteria.

(c)Calculation of active ignition interlock days. All BOT IDAP participants shall meet a cumulative number of active ignition interlock days exceeding or equal to the program length required. A compliance download service as defined in 40:50-3-1.1 may be needed to establish satisfaction of these criteria.

(d) The Director shall prescribe internal program review policies and procedures for all authorized Board personnel reviewing completion criteria.

Okla. Admin. Code § 40:50-3-3

Added at 40 Ok Reg 235, eff 11/1/2022 (emergency); Added at 40 Ok Reg 841, eff 8/11/2023; Amended at 42 Ok Reg, Number 4, effective 10/7/2024 (emergency)

Amended by Oklahoma Register, Volume 42, Issue 4, November 1, 2024, eff. 11/1/2024, exp. 9/14/2025 (Emergency)