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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 54 By: Weaver
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4
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5
5
6 AS INTRODUCED
6
7 An Act relating to motor vehicle safety; amending 47
7 O.S. 2021, Section 11-902, which relates to persons
8 under the influence of alcohol or other intoxicating
8 substance; modifying sentencing provisions for
9 certain violations; modifying scope of certain
9 offense; creating felony and misdemeanor offenses;
10 modifying scope of penalties for certain offense;
10 updating statutory language and references; and
11 providing an effective date.
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12
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-902, is
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16 amended to read as follows:
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17 Section 11-902. A. It is unlawful and punishable as provided
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18 for in this section for any person to drive, operate, or be in
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19 actual physical control of a motor vehicle within this state,
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20 whether upon public roads, highways, streets, turnpikes, other
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21 public places or upon any private road, street, alley, or lane which
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22 provides access to one or more single or multi-family dwellings,
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23 who:
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1 1. Has a blood or breath alcohol concentration, as defined in
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2 Section 756 of this title, of eight-hundredths (0.08) or more at the
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3 time of a test of such person's blood or breath administered within
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4 two (2) hours after the arrest of such person;
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5 2. Is under the influence of alcohol;
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6 3. Has any amount of a Schedule I chemical or controlled
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7 substance, as defined in Section 2-204 of Title 63 of the Oklahoma
7
8 Statutes, or one of its metabolites or analogs in the person's
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9 blood, saliva, urine, or any other bodily fluid at the time of a
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10 test of such person's blood, saliva, urine, or any other bodily
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11 fluid administered within two (2) hours after the arrest of such
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12 person;
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13 4. Is under the influence of any intoxicating substance other
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14 than alcohol which may render such person incapable of safely
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15 driving or operating a motor vehicle; or
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16 5. Is under the combined influence of alcohol and any other
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17 intoxicating substance which may render such person incapable of
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18 safely driving or operating a motor vehicle.
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19 B. The fact that any person charged with a violation of this
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20 section is or has been lawfully entitled to use alcohol or a
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21 controlled dangerous substance or any other intoxicating substance
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22 shall not constitute a defense against any charge of violating this
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23 section.
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1 C. 1. Any person who is convicted of a violation of the
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2 provisions of this section shall be guilty of a misdemeanor for the
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3 first offense and shall:
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4 a. participate in an assessment and evaluation pursuant
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5 to subsection G H of this section and shall follow all
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6 recommendations made in the assessment and evaluation,
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7 b. be punished by imprisonment in jail for not less than
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8 ten (10) days nor more than one (1) year, and
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9 c. be fined not more than One Thousand Dollars
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10 ($1,000.00).
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11 2. Any person who, having been convicted of or having received
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12 deferred judgment for a violation of this section or a violation
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13 pursuant to the provisions of any law of this state or another state
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14 prohibiting the offenses provided in this section, Section 11-904 of
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15 this title, or paragraph 4 of subsection A of Section 852.1 of Title
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16 21 of the Oklahoma Statutes, or having a prior conviction in a
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17 municipal criminal court of record for the violation of a municipal
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18 ordinance prohibiting the offense provided for in this section,
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19 commits a subsequent violation of this section within ten (10) years
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20 of the date following the completion of the execution of said such
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21 sentence or deferred judgment shall, upon conviction, be guilty of a
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22 felony and shall participate in an assessment and evaluation
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23 pursuant to subsection G H of this section and shall be sentenced
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24 to:
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1 a. follow all recommendations made in the assessment and
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2 evaluation for treatment at the defendant's expense,
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3 or
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4 b. placement use of an ignition interlock device, as
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5 provided by subparagraph n of paragraph 1 of
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6 subsection A of Section 991a of Title 22 of the
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7 Oklahoma Statutes, for a minimum of thirty (30) days,
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8 c. imprisonment in the custody of the Department of
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9 Corrections for not less than one (1) year and not to
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10 exceed more than five (5) years, and
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11 d. a fine of not more than Two Thousand Five Hundred
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12 Dollars ($2,500.00), or
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13 c. treatment, imprisonment, and a fine within the
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14 limitations prescribed in subparagraphs a and b of
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15 this paragraph.
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16 However, if the treatment in subsection G H of this section does
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17 not include residential or inpatient treatment for a period of not
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18 less than five (5) days, the person shall serve a term of
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19 imprisonment of at least five (5) days.
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20 3. Any person who commits a violation of this section after
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21 having been convicted of a felony offense pursuant to the provisions
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22 of this section or a violation pursuant to the provisions of any law
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23 of this state or another state prohibiting the offenses provided for
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24 in this section, Section 11-904 of this title, or paragraph 4 of
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1 subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
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2 shall be guilty of a felony and participate in an assessment and
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3 evaluation pursuant to subsection G H of this section and shall be
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4 sentenced to:
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5 a. follow all recommendations made in the assessment and
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6 evaluation for treatment at the defendant's expense,
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7 b. two hundred forty (240) hours of community service,
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8 and
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9 c. use of an ignition interlock device, as provided by
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10 subparagraph n of paragraph 1 of subsection A of
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11 Section 991a of Title 22 of the Oklahoma Statutes, or
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12 for a minimum of sixty (60) days,
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13 b. placement
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14 d. imprisonment in the custody of the Department of
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15 Corrections for not less than one (1) year and not to
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16 exceed more than ten (10) years, and
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17 e. a fine of not more than Five Thousand Dollars
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18 ($5,000.00), or
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19 c. treatment, imprisonment and a fine within the
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20 limitations prescribed in subparagraphs a and b of
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21 this paragraph.
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22 However, if the treatment in subsection G H of this section does
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23 not include residential or inpatient treatment for a period of not
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1 less than ten (10) days, the person shall serve a term of
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2 imprisonment of at least ten (10) days.
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3 4. Any person who commits a violation of this section after
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4 having been twice convicted of a felony offense pursuant to the
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5 provisions of this section or a violation pursuant to the provisions
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6 of any law of this state or another state prohibiting the offenses
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7 provided for in this section, Section 11-904 of this title, or
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8 paragraph 4 of subsection A of Section 852.1 of Title 21 of the
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9 Oklahoma Statutes shall be guilty of a felony and participate in an
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10 assessment and evaluation pursuant to subsection G H of this section
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11 and shall be sentenced to:
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12 a. follow all recommendations made in the assessment and
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13 evaluation for treatment at the defendant's expense,
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14 followed by not less than one (1) year of supervision
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15 and periodic testing as provided in subparagraph q of
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16 paragraph 1 of subsection A of Section 991a of Title
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17 22 of the Oklahoma Statutes at the defendant's
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18 expense,
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19 b. four hundred eighty (480) hours of community service,
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20 and
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21 c. use of an ignition interlock device, as provided by
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22 subparagraph n of paragraph 1 of subsection A of
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23 Section 991a of Title 22 of the Oklahoma Statutes, for
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24 a minimum of thirty (30) ninety (90) days, or
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Req. No. 522 Page 6
1 b. placement
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2 d. imprisonment in the custody of the Department of
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3 Corrections for not less than one (1) year and not to
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4 exceed more than twenty (20) years, and
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5 e. a fine of not more than Five Thousand Dollars
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6 ($5,000.00), or
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7 c. treatment, imprisonment and a fine within the
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8 limitations prescribed in subparagraphs a and b of
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9 this paragraph.
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10 However, if the person does not undergo residential or inpatient
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11 treatment pursuant to subsection G H of this section the person
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12 shall serve a term of imprisonment of at least ten (10) days.
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13 5. Any person who, after a previous conviction of a violation
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14 of murder in the second degree or manslaughter in the first degree
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15 in which the death was caused as a result of driving under the
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16 influence of alcohol or other intoxicating substance, is convicted
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17 of a violation of this section shall be guilty of a felony and shall
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18 be punished by imprisonment in the custody of the Department of
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19 Corrections for not less than five (5) years and not to exceed
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20 twenty (20) years, and a fine of not more than Ten Thousand Dollars
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21 ($10,000.00).
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22 6. Provided, however, a conviction from another state shall not
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23 be used to enhance punishment pursuant to the provisions of this
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1 subsection if that conviction is based on a blood or breath alcohol
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2 concentration of less than eight-hundredths (0.08).
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3 7. In any case in which a defendant is charged with driving
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4 under the influence of alcohol or other intoxicating substance
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5 offense within any municipality with a municipal court other than a
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6 court of record, the charge shall be presented to the county's
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7 district attorney and filed with the district court of the county
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8 within which the municipality is located.
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9 D. Any person who is convicted of a violation of driving under
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10 the influence with a blood or breath alcohol concentration of
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11 fifteen-hundredths (0.15) or more pursuant to this section at the
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12 time of a test of such person's blood or breath administered within
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13 two (2) hours after the arrest of such person and one or more of the
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14 following violations apply:
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15 1. A motor vehicle incident involving one or more vehicles
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16 resulting in a report pursuant to Section 40-102 of this title;
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17 2. Driving the wrong way pursuant to Section 11-301, 11-302,
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18 11-306, 11-309, or 11-311 of this title;
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19 3. Driving while eluding law enforcement pursuant to Section
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20 540a of Title 21 of the Oklahoma Statutes;
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21 4. Driving with speed in excess of twenty (20) miles per hour
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22 over the speed limit or ten (10) miles per hour over the speed limit
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23 within an active school zone;
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1 5. Operating a motor vehicle with a passenger younger than
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2 eighteen (18) years of age; or
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3 6. Reckless driving as defined in Section 11-901 of this title,
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4 shall be deemed guilty of aggravated driving under the influence.
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5 Any person convicted of a violation pursuant to this subsection
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6 shall be guilty of a felony. If a person is convicted of a first
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7 offense predicated solely on a blood or breath alcohol concentration
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8 of fifteen-hundredths (0.15) or more, such person shall be guilty of
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9 a misdemeanor.
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10 E. A person convicted of aggravated driving under the influence
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11 shall participate in an assessment and evaluation pursuant to
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12 subsection G H of this section and shall comply with all
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13 recommendations for treatment. Such person shall be sentenced as
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14 provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this
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15 section and to:
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16 1. Imprisonment in the custody of the Department of Corrections
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17 as provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this
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18 section, provided that:
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19 a. for a first offense of a violation pursuant to this
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20 section, the first ten (10) days of the sentence shall
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21 not be subject to probation, suspension, or deferral
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22 and may be served by night or weekend incarceration
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23 pursuant to Section 991a of Title 22 of the Oklahoma
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24 Statutes,
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Req. No. 522 Page 9
1 b. for a second offense of a violation pursuant to this
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2 section, the first thirty (30) days of the sentence
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3 shall not be subject to probation, suspension, or
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4 deferral; provided further, this mandatory minimum
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5 period of confinement shall be served in the county
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6 jail as a condition of a suspended or deferred
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7 sentence, pursuant to Section 991a of Title 22 of the
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8 Oklahoma Statutes, and
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9 c. the portion of the sentence not subject to probation,
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10 suspension, or deferral shall increase by thirty (30)
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11 days for each subsequent conviction after the second
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12 offense;
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13 2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection
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14 C of this section;
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15 3. Not less than one (1) year of supervision and periodic
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16 testing as provided in subparagraph q of paragraph 1 of subsection A
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17 of Section 991a of Title 22 of the Oklahoma Statutes at the
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18 defendant's expense; and
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19 2. 4. An ignition interlock device or devices, as provided by
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20 subparagraph n of paragraph 1 of subsection A of Section 991a of
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21 Title 22 of the Oklahoma Statutes, for a minimum of ninety (90) one
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22 hundred eighty (180) days.
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23 E. F. When a person is sentenced to imprisonment in the custody
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24 of the Department of Corrections, the person shall be processed
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Req. No. 522 Page 10
1 through the Lexington Assessment and Reception Center or at a place
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2 determined by the Director of the Department of Corrections. The
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3 Department of Corrections shall classify and assign the person to
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4 one or more of the following:
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5 1. The Department of Mental Health and Substance Abuse Services
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6 pursuant to paragraph 1 of subsection A of Section 612 of Title 57
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7 of the Oklahoma Statutes; or
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8 2. A correctional facility operated by the Department of
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9 Corrections with assignment to substance abuse treatment.
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10 Successful completion of a Department-of-Corrections-approved
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11 substance abuse treatment program shall satisfy the recommendation
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12 for a ten-hour or twenty-four-hour alcohol and drug substance abuse
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13 course or treatment program or both. Successful completion of an
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14 approved Department of Corrections substance abuse treatment program
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15 may precede or follow the required assessment.
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16 F. G. The Department of Public Safety Service Oklahoma is
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17 hereby authorized to reinstate any suspended or revoked driving
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18 privilege when the person meets the statutory requirements which
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19 affect the existing driving privilege.
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20 G. H. Any person who is found guilty of a violation of the
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21 provisions of this section shall be ordered to participate in an
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22 alcohol and drug substance abuse evaluation and assessment program
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23 offered by a certified assessment agency or certified assessor for
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24 the purpose of evaluating and assessing the receptivity to treatment
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1 and prognosis of the person and shall follow all recommendations
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2 made in the assessment and evaluation for treatment. The court
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3 shall order the person to reimburse the agency or assessor for the
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4 evaluation and assessment. Payment shall be remitted by the
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5 defendant or on behalf of the defendant by any third party;
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6 provided, no state-appropriated funds are utilized. The fee for an
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7 evaluation and assessment shall be the amount provided in subsection
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8 C of Section 3-460 of Title 43A of the Oklahoma Statutes. The
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9 evaluation and assessment shall be conducted at a certified
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10 assessment agency, the office of a certified assessor, or at another
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11 location as ordered by the court. The agency or assessor shall,
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12 within seventy-two (72) hours from the time the person is evaluated
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13 and assessed, submit a written report to the court for the purpose
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14 of assisting the court in its sentencing determination. The court
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15 shall, as a condition of any sentence imposed, including deferred
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16 and suspended sentences, require the person to participate in and
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17 successfully complete all recommendations from the evaluation, such
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18 as an alcohol and substance abuse treatment program pursuant to
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19 Section 3-452 of Title 43A of the Oklahoma Statutes. If such report
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20 indicates that the evaluation and assessment shows that the
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21 defendant would benefit from a ten-hour or twenty-four-hour alcohol
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22 and drug substance abuse course or a treatment program or both, the
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23 court shall, as a condition of any sentence imposed, including
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24 deferred and suspended sentences, require the person to follow all
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Req. No. 522 Page 12
1 recommendations identified by the evaluation and assessment and
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2 ordered by the court. No person, agency, or facility operating an
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3 evaluation and assessment program certified by the Department of
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4 Mental Health and Substance Abuse Services shall solicit or refer
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5 any person evaluated and assessed pursuant to this section for any
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6 treatment program or substance abuse service in which such person,
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7 agency, or facility has a vested interest; however, this provision
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8 shall not be construed to prohibit the court from ordering
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9 participation in or any person from voluntarily utilizing a
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10 treatment program or substance abuse service offered by such person,
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11 agency, or facility. If a person is sentenced to imprisonment in
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12 the custody of the Department of Corrections and the court has
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13 received a written evaluation report pursuant to the provisions of
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14 this subsection, the report shall be furnished to the Department of
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15 Corrections with the judgment and sentence. Any evaluation and
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16 assessment report submitted to the court pursuant to the provisions
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17 of this subsection shall be handled in a manner which will keep such
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18 report confidential from the general public's review. Nothing
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19 contained in this subsection shall be construed to prohibit the
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20 court from ordering judgment and sentence in the event the defendant
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21 fails or refuses to comply with an order of the court to obtain the
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22 evaluation and assessment required by this subsection. If the
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23 defendant fails or refuses to comply with an order of the court to
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24 obtain the evaluation and assessment, the Department of Public
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1 Safety Service Oklahoma shall not reinstate driving privileges until
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2 the defendant has complied in full with such order. Nothing
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3 contained in this subsection shall be construed to prohibit the
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4 court from ordering judgment and sentence and any other sanction
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5 authorized by law for failure or refusal to comply with an order of
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6 the court.
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7 H. I. Any person who is found guilty of a violation of the
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8 provisions of this section shall be required by the court to attend
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9 a victims impact panel program, as defined in subsection H of
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10 Section 991a of Title 22 of the Oklahoma Statutes, if such a program
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11 is offered in the county where the judgment is rendered, and to pay
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12 a fee of Seventy-five Dollars ($75.00), as set by the governing
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13 authority of the program and approved by the court, to the program
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14 to offset the cost of participation by the defendant, if in the
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15 opinion of the court the defendant has the ability to pay such fee.
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16 I. J. Any person who is found guilty of a felony violation of
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17 the provisions of this section shall be required to submit to
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18 electronic monitoring as authorized and defined by Section 991a of
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19 Title 22 of the Oklahoma Statutes.
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20 J. K. Any person who is found guilty of a violation of the
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21 provisions of this section who has been sentenced by the court to
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22 perform any type of community service shall not be permitted to pay
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23 a fine in lieu of performing the community service.
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1 K. L. When a person is found guilty of a violation of the
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2 provisions of this section, the court shall order, in addition to
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3 any other penalty, the defendant to pay a one-hundred-dollar
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4 assessment an assessment of One Hundred Dollars ($100.00) to be
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5 deposited in the Drug Abuse Education and Treatment Revolving Fund
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6 created in Section 2-503.2 of Title 63 of the Oklahoma Statutes,
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7 upon collection.
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8 L. M. 1. When a person is eighteen (18) years of age or older,
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9 and is the driver, operator, or person in physical control of a
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10 vehicle, and is convicted of violating any provision of this section
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11 while transporting or having in the motor vehicle any child less
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12 than eighteen (18) years of age, the fine shall be enhanced to
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13 double the amount of the fine imposed for the underlying driving
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14 under the influence (DUI) violation which shall be in addition to
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15 any other penalties allowed by this section.
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16 2. Nothing in this subsection shall prohibit the prosecution of
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17 a person pursuant to Section 852.1 of Title 21 of the Oklahoma
17
18 Statutes who is in violation of any provision of this section or
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19 Section 11-904 of this title.
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20 M. N. Any plea of guilty, nolo contendere, or finding of guilt
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21 for a violation of this section or a violation pursuant to the
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22 provisions of any law of this state or another state prohibiting the
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23 offenses provided for in this section, Section 11-904 of this title,
23
24 or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
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Req. No. 522 Page 15
1 Oklahoma Statutes, shall constitute a conviction of the offense for
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2 the purpose of this section; provided, any deferred judgment shall
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3 only be considered to constitute a conviction for a period of ten
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4 (10) years following the completion of any court-imposed
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5 probationary term.
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6 N. O. If qualified by knowledge, skill, experience, training,
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7 or education, a witness shall be allowed to testify in the form of
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8 an opinion or otherwise solely on the issue of impairment, but not
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9 on the issue of specific alcohol concentration level, relating to
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10 the following:
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11 1. The results of any standardized field sobriety test
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12 including, but not limited to, the horizontal gaze nystagmus (HGN)
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13 test administered by a person who has completed training in
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14 standardized field sobriety testing; or
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15 2. Whether a person was under the influence of one or more
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16 impairing substances and the category of such impairing substance or
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17 substances. A witness who has received training and holds a current
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18 certification as a drug recognition expert shall be qualified to
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19 give the testimony in any case in which such testimony may be
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20 relevant.
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21 SECTION 2. This act shall become effective November 1, 2025.
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23 60-1-522 CN 1/19/2025 5:38:17 AM
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Req. No. 522 Page 16Every fact on this page links to its source, starting with the official bill record.