One Benefit Is That It Doesn’t Show on Your Driving Record
Video Transcribed:
What are the benefits of IDAP after DUI in Oklahoma? I’m Oklahoma Criminal Attorney, James Wirth. We’re talking about the Impaired Driver’s Accountability Program after a DUI or APC arrest or charge in Oklahoma and what the benefits of that are.
So, anytime that you’re arrested for DUI or APC, Actual Physical Control of a vehicle while intoxicated, then your driver’s license, you’re driving privileges are at risk.
So, the benefit of the IDAP program, if you elect to enter into that, and you make the request within 30 days of getting notice of that revocation due to the DUI or APC, is that you can maintain the ability to drive, although you have to get an interlock device, a blow breathalyzer you install into your vehicle that helps you get the vehicle started. So, you have to prove that you’re not intoxicated to start that.
So, the benefit is that you’re still able to drive rather than having your license completely revoked. The additional benefit is doing it that way through the IDAP program, if you successfully complete that program by getting the device installed, keeping it on for 180 days if it’s a first offense, and then completing a drug and alcohol assessment, getting proof that there were no violations that once that time period is up, the revocation is actually clear from your record.
So it doesn’t show on your driving record that you were revoked at all, which means you also don’t have to pay the reinstatement fee as if your license had been revoked during that time period. So that is the benefit.
The detriment of entering that program, you’re giving up your right to appeal the revocation in district court. So, it’s going to depend on your circumstances, the strength of the state’s case, your eligibility for doing the IDAP program, and your ability to have an interlock device installed in your car, and those types of issues to decide what the best option for you is.
But you’re going to want to talk to an attorney about your circumstances specifically confidentially before you make an informed decision on that. If you’re dealing with the circumstances you want to get something scheduled, you can go online to makelaweasy.com.