Prior to an administrative hearing, during the mandatory period of revocation or denial [the period of time in which driving privilege is prohibited or removed], DPS may AGREE to modify the revocation or denial to allow restricted driving under specific terms and circumstances when it is determined by DPS that no other adequate means of transportation exists for the person whose driving privilege has been revoked or denied. Any modification shall apply to Class D motor vehicles only.
As a prerequisite and condition of any modification, during the mandatory period of revocation or denial, the person shall be required to have installed an ignition interlock device* at the person's own expense, upon every motor vehicle operated by the person. An ignition interlock device is also required to be installed upon employer vehicles operated by the person except when the employer requests the ignition interlock device not be installed. The request shall be in writing and notarized on the official letterhead of the employer and provided by the person to DPS. Under certain circumstances, such as where the person is self employed or owns part of the company, the person is employed by relatives within the first degree of consanguinity or the person resides in the same household as the employer, or when the person has had a prior revocation, DPS will not accept the request to allow the company vehicle to be driver by the person without the device being installed.
If an administrative hearing concerning the revocation or denial is held and sustained, the person may request the district court to modify the revocation or denial. When it is determined by the court that the person whose license or permit to drive has been revoked or denied has no other adequate means of transportation, the court may enter a written order DIRECTING the DPS to allow restricted driving of a personal vehicle with the installed ignition interlock device thereon or an employer vehicle with or without an ignition interlock device installed thereon dependent upon the employer’s request as described above.
In connection with this type of modification, the person shall pay a statutory modification fee of One Hundred Seventy-five Dollars ($175.00) to DPS. Please note that the modification is only valid during the mandatory period of revocation or denial.
Information concerning approved ignition interlock devices and approved providers can be obtained by calling (405)425-2142 or visiting the Board of Tests for Alcohol and Drug Influence’s (“BOT”) website.
*NOTE: An ignition interlock device is a mechanism that prevents a vehicle from starting when the breath alcohol concentration of a breath alcohol test on the driver meets or exceeds the startup set point. The ignition interlock device is used extensively as a part of licensing actions administered by the DPS. Additionally, the ignition interlock device is used by many courts and probation officers who utilize the ignition interlock device as a program condition or condition of probation for individuals charged or convicted of alcohol related offenses.