THE OKLAHOMA BAR JOURNAL 18 | FEBRUARY 2026 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. That the person was lawfully arrested; If timely requested, the person was not denied a breath or blood test; The specimen was obtained within two hours of arrest; The person was advised that their driving privileges would be revoked if they tested over the legal limit; and The test result, in fact, reflects the alcohol concentration.5 PROCEDURAL HISTORY OF IMPLIED CONSENT LAWS IN OKLAHOMA The administrative codes and statutes governing implied consent hearings are primarily found in Title 47 of the Oklahoma Statutes. Title 47 O.S. §6-211 provides an avenue and requirements for a district court appeal to contest a driver’s license revocation. Title 47 O.S. §759 establishes the regulatory power of the Board of Tests for Alcohol and Drug Influence regarding the prescription of “uniform standards and conditions for, and to approve satisfactory methods, procedures, techniques, devices, equipment and records for, tests and analyses and to prescribe and approve the requisite education and training for the performance of tests or analyses of breath to determine the breath alcohol concentration.”6 The procedures for appealing a driver’s license revocation have dramatically changed in the last few years. Under the old system, which was handled by the Oklahoma Department of Public Safety and had been in place for decades, the revocation process began when a police officer made an arrest and served the licensee with what was called an “officer’s affidavit and notice of revocation.” The affidavit contained a great deal of information about the incident. It covered the date and time of the alleged offense, the name of the arresting officer, the name of the arresting officer’s agency or department, a description of the driving behavior, a description of the person’s physical condition and information about the breath test result or refusal. This information was the basis for the revocation. Prior to 2019, if a driver had been arrested for DUI and did not take the state’s test, they only had 15 days to request an administrative hearing or face an automatic license suspension. However, in 2019, the Oklahoma Legislature passed a bill creating the Impaired Driver Accountability Program (IDAP). IDAP is an alternative route a driver, who is subject to a driver’s license revocation, may exercise following a DUI arrest. This program allows participants to retain driving privileges by installing an ignition interlock device (IID) in their vehicle rather than losing their driving privileges.7 If one is enrolled in IDAP, they are required to pay certain fees, install approved ignition interlock devices and follow all the other requirements.8 Furthermore, the Oklahoma Board of Tests is the controlling body over the program and is able to “promulgate rules necessary to regulate ignition interlock devices and the providers of such devices, which shall be subject to suspension or revocation in accordance with the rules promulgated by the Board.”9 BURDEN OF PROOF AND PROCEDURES SOK has the burden of proof, by a preponderance of the evidence, in driver’s license proceedings.10 Driver’s license appeals are exempt from the Oklahoma Pleading Code and the Discovery Code.11 Driver’s license appeals are not exempt from the Oklahoma Evidence Code.12 After an arrest for DUI or APC, the arresting agency is tasked with providing SOK with information so that SOK can determine if taking action is warranted. SOK has 180 days from the arrest or from the results of a blood draw to take action.13 If SOK does not take action within 180 days, no action can be taken against the licensee for the DUI or APC arrest unless they are convicted of DUI or APC.14 SOK is required to send a notice to a licensee, and it is generally mailed to the address on file with SOK (generally the address on their driver’s license). If a licensee gets a notice from SOK within 180 days of their arrest, they have 30 days to file a district court appeal (DCA), or they lose that right forever.15 A licensee also has the option to forgo a DCA and enroll in IDAP. If the licensee chooses to enroll in IDAP, they are required to comply with the rules of the Oklahoma Board of Tests by having an interlock device installed in any vehicle they drive.16 If the licensee exercises their right to a DCA and wins, they do not lose their driving privileges, and there is no action taken by SOK.17 If they exercise their right to a DCA and lose, they’re required to participate in IDAP before they’re eligible to reinstate their driver’s license without restrictions.18 A DCA is essentially a bench trial where SOK is required to prove the elements contained in 47 O.S. §§751-759. SOK is not required to disclose which witnesses or evidence will be introduced at the trial and generally does not
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