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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 660 By: Rogers
COMMITTEE SUBSTITUTE
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; updating
statutory language; 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 Service
Oklahoma shall immediately revoke the driving privilege 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 negligent homicide resulting from the
operation of a motor vehi cle;
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2. Driving or being in actual physical control of a motor
vehicle while under the influence of alcohol, any other intoxicating
substance, including but not limited to m arijuana, cannabis,
tetrahydrocannabinol, or its psychoactive components such as delta -
9-tetrahydrocannabinol, 11 -hydroxy-delta-9-tetrahydrocannabinol, and
specifically excluding cannabinol, or the combined influ ence 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 Service Oklahoma shall not additionally revoke the
driving privileges of the p erson pursuant to this subsection if the
driving privilege of t he person has been revoked because of a test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 the
death or personal injury of another;
5. Perjury or the making of a false affidavit or statement
under oath to the Department Service Oklahoma under the Uniform
Vehicle Code or under any other law relating to the ownership or
operation of motor vehicles;
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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;
7. A misdemeanor convict ion 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 Service Oklahoma. Such
period shall not be modified.
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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.
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 shal l 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 priv ileges 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 Service Oklahoma. If the Notification
originated in a municipal court, the petition shall b e filed in the
district court of the county in which the municipal court i s
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located. A copy of the Notification and a copy of the Department’s
Service Oklahoma’s action canceling or de nying driving privileges
pursuant 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 Service Oklahoma and, if applicable, without notice to
the municipal court; pro vided, 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 to the Department Service Oklahoma
to decrease the period of cancella tion or denial to any period or
issue a written Order to vacate the Department’s Service Oklahoma’s
action taken pursuant to thi s 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 Sa fety Service Oklahoma to do so if the person
is otherwise eligible the refor. The petitioner is responsible for
his or her own attorney fees . However, if the petitioner is granted
relief for error, then the party that committed the e rror may be
ordered to pay attorney fees and costs. Unless all persons or
agencies the court had reason to believe 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
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be awarded against any party. In no event shall the Department of
Public Safety Service Oklahoma be liable for 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.
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 pers on;
2. Is under the inf luence of alcohol or marijuana, including
but not limited to cannabis, tetrahydrocannabinol, or its
psychoactive components such as delta -9-tetrahydrocannabinol, 11 -
hydroxy-delta-9-tetrahydrocannabinol, and specifically ex cluding
cannabinol;
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3. Has any amount of a Schedule I chemical or controlled
substance, which includes marijuana, including but not limited to
cannabis, tetrahydrocannabinol, or its psychoactive components such
as delta-9-tetrahydrocannabinol, 11-hydroxy-delta-9-
tetrahydrocannabinol, and specifically ex cluding cannabinol, 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 f luid at the time of a test of such
person’s blood, saliva, urine or any ot her bodily fluid administered
within 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
5. Is under the combined influence of alcohol or marijuana,
including but not limited to cannabis, tetrahydrocannabinol, or its
psychoactive components such a s delta-9-tetrahydrocannabinol , 11-
hydroxy-delta-9-tetrahydrocannabinol, and specifically ex cluding
cannabinol, and any other intoxicating substance which may render
such person incapable of safely driving or operating a motor
vehicle.
B. The fact that an y person charged with a violat ion of this
section is or has been lawfully entitled to use a lcohol, marijuana,
including but not limited to cannabis, tetrahydrocannabinol, or its
psychoactive components such as delta -9-tetrahydrocannabinol, 11 -
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hydroxy-delta-9-tetrahydrocannabinol, and specifically excluding
cannabinol, or a controlled dangerous substance or any o ther
intoxicating substance shall not constitute a defense against any
charge of violating this section.
C. 1. Any person who is convicted of a vi olation of the
provisions of this section shall 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 evaluation,
b. be punished by imprisonment 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 violation of this section or a violation
pursuant to the provisions of any law of this state or a nother 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 Titl e
21 of the Oklahoma Statutes, or having a prior conviction in a
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 (1 0) years
of the date following the completion of the execution of said
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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 s entenced to:
a. follow all recommendations made in the assessment and
evaluation for treatment at the defend ant’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 fi ne 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 for a period of not
less than five (5) days, the person shall ser ve 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 pursuant to the provisions
of this section 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 para graph 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
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evaluation pursuant to subsection 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,
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 subparagraphs 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.
4. Any person who commits a violation of this section after
having been twice convic ted 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 sta te prohibiting the offenses
provided for in this section, Section 11-904 of this title or
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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 subsection G of this section
and shall be sentenced to:
a. follow all recommendations made in the assess ment and
evaluation for treatment at the defendant ’s expense,
followed by not less than one (1) year of supervision
and periodic testing at the defe ndant’s expense, four
hundred eighty (480) hours of community service, and
use of an ignition interlock devi ce, 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 Department 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
c. treatment, imprisonm ent and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the person does not undergo resid ential 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.
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5. Any person who, after a previous conviction of 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, including but not limited to
cannabis, tetrahydrocannabinol, or its psychoactive components such
as delta-9-tetrahydrocannabinol, 11 -hydroxy-delta-9-
tetrahydrocannabinol, and specifically ex cluding cannabinol, or
other intoxicating substance, is convicted o f a violation of this
section shall 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 D ollars ($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, including but not limited
to cannabis, tetrahydrocannabinol, or its psychoactive components
such as delta-9-tetrahydrocannabinol, 11 -hydroxy-delta-9-
tetrahydrocannabinol, and specifically excluding cannabinol, or
other intoxicating sub stance offense within any municipality with a
municipal court other than a court of record, t he charge shall be
presented to the county ’s district attorney and filed with the
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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 devi ces, 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 p erson shall be processed through
the Lexington Assessment and Rec eption 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 substan ce 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 su bstance abuse treatment program
may precede or follow the required assessment.
F. The Department of Public Safety Service Oklahoma 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 evalua tion 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 offi ce 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 assessme nt 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 s ection 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 u tilizing 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 i n 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 w ith 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, the Department of Public
Safety Service Oklahoma 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
court from ordering judgment and sentence and any other sanction
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authorized by law for failure or refu sal 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 T itle 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 f or
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, experi ence, 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 sta ndardized 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 testimo ny may be
relevant.
SECTION 3. This act shall become effective November 1, 2023.
59-1-1978 JES 3/2/2023 3:41:50 PM