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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 660 By: Rogers
AS INTRODUCED
An Act relating to driving under the influenc e of
marijuana; amending 47 O.S. 2021, Se ctions 6-205 and
11-902, which relate to mandatory revocation of
driving privilege and persons under the influence of
alcohol or other intoxicating substance; clarifying
inclusions; modifying felony offenses; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 47 O.S. 2021, Section 6 -205, is
amended to read as follows:
Section 6-205. A. The Department of Public Safety shall
immediately revoke the driving pr ivilege of any person, whether
adult or juvenile, upon receiving a record of conviction, in any
municipal, state or federal c ourt within the United States of any of
the following offenses, when such conviction has become final:
1. Manslaughter or neglige nt homicide resulting from the
operation of a motor vehi cle;
2. Driving or being in actual physical control of a motor
vehicle while under the influence of alcohol, any other intoxicating
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substance, including but not limited to m arijuana, or the combined
influence of alcohol and any other into xicating substance, any
violation of paragraph 1, 2, 3 , 4 or 5 of subsection A of Section
11-902 of this title or any violatio n of Section 11-906.4 of this
title. However, the Department shall not additionally revoke the
driving privileges of the person pursuant to this subsection if the
driving privilege of the person has been revoked because of a test
result or test refusal pu rsuant to Section 753 or 754 of this title
arising from the same circumstances which resulted in the conviction
unless the revocation because of a test result or test refusal is
set aside;
3. Driving a motor vehicle during the commission o f a felony;
4. Failure to stop and render aid as required under the laws of
this state in the event of a motor vehicle accident resulting in t he
death or personal injury of another;
5. Perjury or the making of a false affidavit or statement
under oath to the Department under the Uniform Vehicle Code or under
any other law relating to the ownership or operation of motor
vehicles;
6. A felony conviction for unlawfu lly possessing, distributing,
dispensing, manufacturing, trafficking , attempting or conspiring t o
distribute, dispense, manufacture, or traffic a controlled dangerous
substance as defined in the Uniform Co ntrolled Dangerous Substances
Act while driving a motor vehicle;
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7. A misdemeanor conviction for a violation of Section 1 -229.34
of Title 63 of the Oklahoma Statut es;
8. Failure to obey a traffic control device as provided in
Section 11-202 of this title or a stop sign when such failure
results in great bodily injury to any other person; or
9. Failure to stop or to remain stopped for school bus loading
or unloading of children pursuant to Section 11 -705 or 11-705.1 of
this title.
B. The first license re vocation under any provision of this
section, except for paragraph 2, 3, 6, 7, or 9 of subsection A of
this section, shall be for a period of one (1) year . Such period
shall not be modified.
C. A license revocation under any provision of this section,
except for paragraph 2, 3, 6, or 7 of subsection A of this section,
shall be for a period of three (3) years if a prior revocation under
this section commenced within the preceding five-year period as
shown by the records of the Department . Such period shall not be
modified.
D. The period of license revoca tion under paragraph 2 , 3 or 6
of subsection A of this section shall be governed by the provisions
of Section 6-205.1 of this title.
E. The first license revocation under paragraph 7 of subsection
A of this section shall be for a per iod of six (6) months . Such
periods shall not be modified.
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F. The first license revocation under paragrap h 9 of subsection
A of this section shall be for a period of one (1) year . Such
period may be modified . Any appeal of the revocation of driving
privilege under paragrap h 9 of subsection A of this section shall be
governed by Section 6 -211 of this title; provided, any modification
under this subsection shall apply to Class D motor vehicles only.
G. As used in this section , “great bodily injury” means bodily
injury which creates a substantial risk of death , or which causes
serious, permanent disfigurement or protracted loss or impair ment of
the function of any bodily member or organ.
H. Any person whose driving privileges are or have been
canceled or denied pursuant to thi s section, except for paragraph 1,
2 or 8 of subsection A of this section, may file a petition for
relief based upon error or hardship.
1. The petition shall be filed in the district court which
notified the Department. If the Notification originated in a
municipal court, the petition shall be filed in the district court
of the county in which the municipal court i s located. A copy of
the Notification and a copy of the Department ’s action canceling or
denying driving privileges p ursuant to this section s hall be
attached to the petition.
2. The district court shall conduct a hearing on the petition
and may determine the matter de novo, without notice to the
Department and, if applicable, without notice to the municipal
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court; provided, the district court shall not consider a collateral
attack upon the merits of any conviction or determination which has
become final.
3. The district court may deny the petition or, in its
discretion, issue a written Order t o the Department to decr ease the
period of cancellation or denial to any period or issue a written
Order to vacate the Department ’s action taken pursuant to this
section, in its entirety. The content of the Order shall not grant
or purport to grant any dr iving privileges to the person; however,
such Order may direct the Department of Public Safety to do so if
the person is otherwise eligible therefor . The petitioner is
responsible for his or her own attorney fees . However, if the
petitioner is granted re lief for error, then the party that
committed the error may be ordered to pay attorney fees and costs .
Unless all persons or agencies the court had reason to belie ve may
have had relevant information related to the court record and
departmental action hav e been given notice of t he petition, attorney
fees and costs shall not be awarded against any party . In no event
shall the Department of Public Safety be liable fo r attorney fees
and costs for suspending, revoking, cancel ing, or denying a driver
license based upon reasonable reli ance on a notice from a co urt
requiring the revocation, suspension, cancellation , or denial of the
driver license according to law.
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SECTION 2. AMENDATORY 47 O.S. 2021, Section 11 -902, is
amended to read as follows:
Section 11-902. A. It is unlawful and punishable as provided
in this section for any person to drive, operate, or be in actual
physical control of a motor vehicle within this state, whether upon
public roads, highways, streets, turnpikes, other public places or
upon any private road, street, alley or lane which provides access
to one or more single or multi -family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in
Section 756 of this title, of eight -hundredths (0.08) or more at the
time of a test of such person’s blood or breath administered within
two (2) hours after the arrest of such person;
2. Is under the inf luence of alcohol or marijauna;
3. Has any amount of a Schedule I chemical or controlled
substance, which includes marijuana, as defined in Section 2-204 of
Title 63 of the Oklahoma Statutes, or one of its metabolites or
analogs in the person ’s blood, saliva, urine or any other bodily
fluid at the time of a test of such person ’s blood, saliva, urine or
any other bodily fluid administered wi thin two (2) hours after the
arrest of such person;
4. Is under the influence of any intoxicating substance other
than alcohol which may render such person incapable of safely
driving or operating a motor vehicle; or
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5. Is under the combined influence of alcohol, marijuana, and
any other intoxicating substance which may render such person
incapable of safely driving or operating a motor vehicle.
B. The fact that any pe rson charged with a violation of this
section is or has been lawfully entitled to use a lcohol, marijuana,
or a controlled dangerous substance or any other intoxicating
substance shall not constitute a defense against any charge of
violating this section.
C. 1. Any person who is convicted of a violation of th e
provisions of this section sha ll be guilty of a misdemeanor for the
first offense and shall:
a. participate in an assessment and evaluation pursuant
to subsection G of this section and shall follow all
recommendations made in the assessment and evaluatio n,
b. be punished by imprisonmen t in jail for not less than
ten (10) days nor more than one (1) year, and
c. be fined not more than One Thousand Dollars
($1,000.00).
2. Any person who, having been convicted of or having received
deferred judgment for a vi olation of this section or a vio lation
pursuant to the provisions of any law of this state or another state
prohibiting the offenses provided in this section, Section 11 -904 of
this title or paragraph 4 of subsect ion A of Section 852.1 of Title
21 of the Oklahoma Statutes, or having a pr ior conviction in a
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municipal criminal court of record for the violation of a municipal
ordinance prohibiting the offense provided for in this section
commits a subsequent violation of this section within ten (10) years
of the date following the completion of the execution of said
sentence or deferred judgment shall, upon conviction, be guilty of a
felony and shall participate in an assessment and evaluation
pursuant to subsection G of this section and shall be sentenced to:
a. follow all recommendations ma de in the assessment and
evaluation for treatment at the defendant ’s expense,
or
b. placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed five (5) years and a fine of not more than Two
Thousand Five Hundred Dollars ($2,500.00), or
c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatment in subsecti on G of this section does
not include residential or inpatient treatment fo r a period of not
less than five (5) days, the person shall serve a term of
imprisonment of at least five (5) days.
3. Any person who commits a violation of this section after
having been convicted of a felony offense pursu ant to the provisions
of this section or a violation pursuant to the provisions of any law
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of this state or another state prohibiting the offenses provided for
in this section, Section 11 -904 of this title or para graph 4 of
subsection A of Section 852.1 of Title 21 of the Oklahoma Statut es
shall be guilty of a felony and participate in an assessment and
evaluation pursuant to subsection G of this section and shall be
sentenced to:
a. follow all recommendations made in the assessment and
evaluation for treat ment at the defendant ’s expense,
two hundred forty (240) hours of community service and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, or
b. placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed ten (10) years and a fine of not more than Five
Thousand Dollars ($5,000.00), or
c. treatment, imprisonment and a fi ne within the
limitations prescribed in sub paragraphs a and b of
this paragraph.
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than ten (10) days, the person shall ser ve a term of
imprisonment of at least ten ( 10) days.
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4. Any person who com mits a violation of this section after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation pursuant to the provisions
of any law of this state or another state prohibitin g the offenses
provided for in this section, Section 11-904 of this title or
paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall be guilty of a felony and participate in an
assessment and evaluation pursuant to subsectio n G of this section
and shall be sentenced to:
a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant ’s expense,
followed by not less than one (1) year of supervision
and periodic testing at the defendant ’s expense, four
hundred eighty (480) ho urs of community service, and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, for
a minimum of thirty (30) days, or
b. placement in the custody of the D epartment of
Corrections for not less than one (1) year and not to
exceed twenty (20) years and a fine of not more than
Five Thousand Dollars ($5,000.00), or
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c. treatment, imprisonm ent and a fine within the
limitations prescribed in subparagraphs a and b o f
this paragraph.
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection G of this section the person shall
serve a term of imprisonment o f at least ten (10) days.
5. Any person who, after a previous conviction o f a violation
of murder in the second degree or manslaughter in the first degree
in which the death was caused as a result of driving under the
influence of alcohol , marijuana, or other intoxicating substance, is
convicted of a violation of this section sh all be guilty of a felony
and shall be punished by imprisonment in the custody of the
Department of Corrections for not less than five (5) years and not
to exceed twenty (20) years, and a fine of not more than Ten
Thousand Dollars ($10,000.00).
6. Provided, however, a conviction from another state shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcohol
concentration of less than eight -hundredths (0.08).
7. In any case in which a defendant is charged with driving
under the influence of alcohol , marijuana, or other intoxicating
substance offense within any municipality with a municipal court
other than a court of record, t he charge shall be presented to the
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county’s district attorney and filed with the district court of the
county within which the municipality is located.
D. Any person who is convicted of a violation of driving under
the influence with a blood or breath al cohol concentration of
fifteen-hundredths (0.15) or more pursuant to this section shall be
deemed guilty of aggravated driving under the influence. A person
convicted of aggravated driving under the influence shall
participate in an assessment and evaluat ion pursuant to subsection G
of this section and sh all comply with all recommendations for
treatment. Such person shall be sentenced as provided in paragraph
1, 2, 3, 4 or 5 of subsection C of this section and to:
1. Not less than one (1) year of supervi sion and periodic
testing at the defendant ’s expense; and
2. An ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes, for a minimum of ninety (90)
days.
E. When a person is sentenced to imprisonment in the custody of
the Department of Corrections, the person shall be processed through
the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Corrections. The
Department of Corrections shall classify and assig n the person to
one or more of the following:
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1. The Department of Mental Health and Substance Abuse Services
pursuant to paragraph 1 of subsection A of Section 612 of Title 57
of the Oklahoma Statutes; o r
2. A correctional facility operated by the Depar tment of
Corrections with assignment to substance abuse treatment.
Successful completion of a Department -of-Corrections-approved
substance abuse treatment program shall satisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug substan ce abuse
course or treatment program or both. Successful completion of an
approved Department of Corrections substance abuse treatment program
may precede or follow the required assessment.
F. The Department of Public Safety is hereby authorized to
reinstate any suspended or revoked driving privilege when the person
meets the statutory requirements which affect the existing driving
privilege.
G. Any person who is found guilty of a violation of the
provisions of this section shall be ordered to participat e in an
alcohol and drug substance abuse evaluation and assessment program
offered by a certified assessment agency or certified assessor for
the purpose of evaluating and assessing the receptivity to trea tment
and prognosis of the person and shall follow all recommendations
made in the assessment and evaluation for treatment. The court
shall order the person to reimburse the agency or assessor for the
evaluation and assessment. Payment shall be remitted by the
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defendant or on behalf of the defendant by a ny third party;
provided, no state-appropriated funds are utilized. The fee for an
evaluation and assessment shall be the amount provided in subsection
C of Section 3-460 of Title 43A of the Oklahoma Stat utes. The
evaluation and assessment shall be condu cted at a certified
assessment agency, the office of a certified assessor or at another
location as ordered by the court. The agency or assessor shall,
within seventy-two (72) hours from the time the pers on is evaluated
and assessed, submit a written repo rt to the court for the purpose
of assisting the court in its sentencing determination. The court
shall, as a condition of any sentence imposed, including deferred
and suspended sentences, require the per son to participate in and
successfully complete all recommendations from the evaluation, such
as an alcohol and substance abuse treatment program pursuant to
Section 3-452 of Title 43A of the Oklahoma Statutes. If such report
indicates that the evaluation and assessment shows that the
defendant would bene fit from a ten-hour or twenty-four-hour alcohol
and drug substance abuse course or a treatment program or both, the
court shall, as a condition of any sentence imposed, including
deferred and suspended sen tences, require the person to follow all
recommendations identified by the evaluation and assessment and
ordered by the court. No person, agency or facility operating an
evaluation and assessment program certified by the Department of
Mental Health and Su bstance Abuse Services shall solicit or refer
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any person evaluated and assessed pursuant to this section for any
treatment program or substance abuse service in which such person,
agency or facility has a vested interest; however, this provision
shall not be construed to prohibit the court from ordering
participation in or any person from voluntarily utilizing a
treatment program or substance abuse service offered by such person,
agency or facility. If a person is sentenced to imprisonment in the
custody of the Department of Corrections and the court has r eceived
a written evaluation report pursuant to the provisions of this
subsection, the report shall be furnished to the Department of
Corrections with the judgment and sentence. Any evaluation and
assessment report submitted to the court pursuant to the p rovisions
of this subsection shall be handled in a manner which will keep such
report confidential from the general public ’s review. Nothing
contained in this subsection shall be construed to prohibit the
court from ordering judgment and sentence in the e vent the defendant
fails or refuses to comply with an order of the court to obtain the
evaluation and assessment required by this subsection. If the
defendant fails or refuses to comply with an order of t he court to
obtain the evaluation and assessment, t he Department of Public
Safety shall not reinstate driving privileges until the defendant
has complied in full with such order. Nothing contained in this
subsection shall be construed to prohibit the cour t from ordering
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judgment and sentence and any other sanction authorized by law for
failure or refusal to comply with an order of the court.
H. Any person who is found guilty of a violation of the
provisions of this section shall be required by the court t o attend
a victims impact panel program, as defined in subsection H of
Section 991a of Title 22 of the Oklahoma Statutes, if such a program
is offered in the county where the judgment is rendered, and to pay
a fee of Seventy-five Dollars ($75.00), as set b y the governing
authority of the program and approv ed by the court, to the program
to offset the cost of participation by the defendant, if in the
opinion of the court the defendant has the ability to pay such fee.
I. Any person who is found guilty of a f elony violation of the
provisions of this section s hall be required to submit to electronic
monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.
J. Any person who is found guilty of a violation of the
provisions of this section who has been sentenced by the court to
perform any type of community service shall not be permitted to pay
a fine in lieu of performing the community service.
K. When a person is found guilty of a violation of the
provisions of this section, th e court shall order, in addition to
any other penalty, the defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education and Treatment
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Revolving Fund created in Section 2 -503.2 of Title 63 of the
Oklahoma Statutes, upon colle ction.
L. 1. When a person is eighteen (18) years of age or older,
and is the driver, operator, or person in physical control of a
vehicle, and is convicted of violating any provision of this section
while transporting or having in the motor vehicle any child less
than eighteen (18) years of age, the fin e shall be enhanced to
double the amount of the fine imposed for the underlying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the prosecu tion of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of this section or
Section 11-904 of this title.
M. Any plea of guilty, nolo contendere or finding of guilt for
a violation of this sectio n or a violation pursuant to the
provisions of any law of this state or another state prohibiting the
offenses provided for in this section, Section 11 -904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this section; provided, any deferred judgment shall
only be considered to constitute a conviction for a period of ten
(10) years following t he completion of any court-imposed
probationary term.
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N. If qualified by knowledge, skill, experience, training or
education, a witness shall be allowed to testify in the form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concentration level, relati ng to the
following:
1. The results of any standardized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a person who has completed training in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and the category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimony may be
relevant.
SECTION 3. This act shall become effective November 1, 2023.
59-1-185 BG 1/18/2023 10:59:49 AM