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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3220 By: West (Kevin)
AS INTRODUCED
An Act relating to driving under the influence;
amending 22 O.S. 2021, Section 1105, which relates to
defendant discharge on giving bail; requiring certain
arrested person make appearance before release;
requiring certain evidence be considered; requiring
court make certain consideration regarding b ail
amount; amending 47 O.S. 2021, Section 10 -104, which
relates to duty to give inform ation and render aid;
removing drug and alcohol testing requirement;
amending 47 O.S. 2021, Section 11 -902, which relates
to persons under the influence of alcohol or othe r
intoxicating substance or combination th ereof;
stating certain timing requirements for
administration of tests do not apply; amending 47
O.S. 2021, Section 752, as amended by Section 22,
Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2023, Section
752), which relates to administration of tests;
modifying list of written statements authorizing the
certain withdrawal of blood; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105, is
amended to read as follows:
Section 1105. A. Except as otherwise provided by this section,
upon the allowance of bail and t he execution of the requisite
recognizance, bond, or undertaking to the sta te, the magistrate,
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judge, or court shall, if the defendant is in custody, make and sign
an order for discharge. The court, in its discretion, may prescribe
by court rule the condi tions under which the court clerk or deputy
court clerk, or the sheriff or deputy sheriff, may prepare and
execute an order of release on behalf of the court.
B. No police officer or sheriff may release a person arrested
for a violation of an ex parte or final protective order as provided
in Sections 60.2 and 60.3 of this title, or arrested for an act
constituting domestic abuse as specified in Section 644 of Title 21
of the Oklahoma Statutes, or arrested for any act constituting
domestic abuse, stalking o r harassment as defined by Section 60.1 of
this title, or arrested for an a ct constituting domestic assault and
battery or domestic assault and battery with a deadly weapon
pursuant to Section 644 of Title 21 of the Oklahoma Statutes,
without the violator appearing before a magistrate, judge or court.
To the extent that any of t he following information is available to
the court, the magistrate, judge or court shall consider, in
addition to any other circumstances, before determining bond and
other conditions of release as necessary for the protection of the
alleged victim, the fo llowing:
1. Whether the person has a history of domestic violence or a
history of other violent acts;
2. The mental health of the person;
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3. Whether the person has a history of v iolating the orders of
any court or governmental entity;
4. Whether the person is potentially a threat to any o ther
person;
5. Whether the person has a history of abusing alcoh ol or any
controlled substance;
6. Whether the person has access to deadly we apons or a history
of using deadly weapons;
7. The severity of the alleged violence that is the basis of
the alleged offense including, but not limited to:
a. the duration of the alleged violent incident,
b. whether the alleged violent incident involved s erious
physical injury,
c. whether the alleged violent incident involved se xual
assault,
d. whether the alleged violent incident involved
strangulation,
e. whether the alleged vi olent incident involved abuse
during the pregnancy of the alleged victim,
f. whether the alleged violent incident involved the
abuse of pets, or
g. whether the alleged violent incident invol ved forcible
entry to gain access to the alleged victim;
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8. Whether a separation of the person from the alleged victim
or a termination of the relationship between the person and the
alleged victim has recently occurre d or is pending;
9. Whether the pers on has exhibited obsessive or controlling
behaviors toward the all eged victim including, but not limited to,
stalking, surveillance, or isolatio n of the alleged victim;
10. Whether the person has expressed suicidal or homicidal
ideations; and
11. Any information contained in the complaint and any police
reports, affidavits, or other documents accompanying the complaint.
C. A person arrested for :
1. A violation of an ex parte or final protective order as
provided in Sections 60.2 and 60.3 of this title;
2. An act constituting domestic abuse, domestic assault and
battery or domestic assault and battery with a deadly weapon as
specified in Section 644 of Title 21 of the Oklahoma Statutes; or
3. An act constituting dome stic abuse, stalking or harassment
as defined by Section 60.1 of this title,
shall not be eligible for a personal recognizance bond pursuant to
Section 1108.1 of this title.
D. No police officer or sheriff may release a person arrested
for any violation of subsection G of Section 2 -401 of Title 63 of
the Oklahoma Statutes, without the violator appearing be fore a
magistrate, judge, or court. In determining bond and other
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conditions of release, the magistrate, judge, or court shall
consider any evidence tha t the person is in any manner depende nt
upon a controlled dangerous substance or has a pattern of regul ar,
illegal use of any controlled dangerous substance. A rebuttable
presumption that no conditions of release on bond would assure the
safety of the community or any person therein shall ar ise if the
state shows by clear and convincing evidence:
1. The person was arrested for a violation of subsection G of
Section 2-401 of Title 63 of the Oklahoma Statutes, relating to
manufacturing or attempting to manu facture a controlled dangerous
substance, or possessing any of the substances listed in subsection
G of Section 2-401 of Title 63 of the Oklahoma Statutes with the
intent to manufacture a controlled dangerous substance; and
2. The person is in any manner dependent upon a controlled
dangerous substance or has a pattern of regular illegal use of a
controlled dangerous substance, and the violation referred to in
paragraph 1 of this sub section was committed or attempted in order
to maintain or facilitate the d ependence or pattern of illegal use
in any manner.
E. No police officer or sheriff may release a perso n arrested
for a second or subsequent violation of Section 11-902 of Title 47
of the Oklahoma Statutes, without the violator appearing before a
magistrate, judge, or court. In determining bond and other
conditions of release, the magistrate, judge, or cou rt shall
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consider any evidence that the person is in any manner dependent
upon alcohol or a controlled dangerous substance or has a pattern of
regular abuse of alcohol or t he illegal use of any controlled
dangerous substance. If the person was arrested for any crime
provided for in Section 11-902 of Title 47 of the Oklahoma Statutes ,
the court shall consider the threat the person poses to the public
safety and shall present writt en findings on the bail amount.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 10-104, is
amended to read as follows:
Section 10-104. A. The driver of any vehicle involved in an
accident resulting in injury to or death of any person or damage to
any vehicle which is driven or attende d by any person shall give his
or her correct name, address and registration number of the vehicle
he or she is driving, and shall upon request exhibit his or her
driver license and his or her security verification form, as defined
in Section 7-600 of this title, to the person str uck or the driver
or occupant of or person att ending any vehicle collided with, and
shall render to any person injured in such accident reasonable
assistance, including the carrying, or the making of arrange ments
for the carrying, of such person to a physi cian, surgeon or hospital
for medical or surgi cal treatment if it is apparent th at such
treatment is necessary or if such carrying is requested by the
injured person. Any driver who provides information req uired by
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this section which is intentionally inac curate shall be subject to
the provisions of Section 10-103 of this title.
B. Any driver of any vehicle involved in an accident who could
be cited for any traffic offense where said accident resulted in the
immediate death or great bodily injury, as defin ed in subsection B
of Section 646 of Title 21 of the Oklahoma Statutes, of any person
shall submit to drug and alcohol testing as soon as practicable
after such accident occurs. The traffic offense violatio n shall
constitute probable cause for purposes of Section 752 of this title
and the procedures found in Section 752 of this title shall be
followed to determine the presence of alcohol or controlled
dangerous substances within the driver 's blood system.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 11-902, is
amended to read as follows:
Section 11-902. A. It is unlawful and punishable as prov ided
in this section for any person to drive, operate, or be in actual
physical control of a motor vehicle within t his state, whether upon
public roads, highways, streets, turnpikes, oth er 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 concentrat ion, 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 admin istered within
two (2) hours after the arrest of such person;
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2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chem ical or controlled
substance, as defined in Se ction 2-204 of Title 63 of the Oklahoma
Statutes, or one of its metabo lites 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 within two (2) hours after the arrest of such person;
4. Is under the influe nce of any intoxicating substance other
than alcohol which may render suc h person incapable of safely
driving or operating a motor vehicle . The timing requirement for
the administration of tests pursuant to Section 756 of this title
shall not apply to this paragraph; or
5. Is under the combined influence of alcohol and any oth er
intoxicating substance which may rende r such person incapable o f
safely driving or operating a motor vehicle. The timing requirement
for the administration of tests pursuant to Sec tion 756 of this
title shall not apply to this paragraph .
B. The fact that any person charged with a violation o f this
section is or has been lawfully entitled to use alcohol or a
controlled dangerous substance or any other intoxicating substance
shall not constitute a defense against any charge of violating this
section.
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C. 1. Any person who is convicted of a vio lation of the
provisions of this section shall be guilty of a misdemean or 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 a nd 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 convic ted of or having received
deferred judgment for a violation of th is section or a violation
pursuant to the prov isions of any law of this state or another state
prohibiting the offense s provided in this section, Section 11 -904 of
this title or paragraph 4 o f subsection A of Section 852.1 of Title
21 of the Oklahoma Statu tes, 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 (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 se ntenced to:
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a. follow all recommendations made 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 subsection G of this section does
not include residential or inp atient treatment for a period of not
less than five (5) days, the person shall serve a term of
imprisonment of at leas t five (5) days.
3. Any person who commits a violation of this section a fter
having been convicted of a felony o ffense pursuant to the pr ovisions
of this section or a violation pursua nt to the provisions of any law
of this state or another state prohibiti ng the offenses provided for
in this section, Section 11 -904 of this title or paragraph 4 of
subsection A of Sect ion 852.1 of Title 21 of the Oklahoma Statutes
shall be guilty of a fel ony and participate in an assessment and
evaluation pursuant to subsecti on G of this section and shall be
sentenced to:
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a. follow all recommendat ions made in the assessment and
evaluation for treatment at the d efendant's expense,
two hundred forty (240) ho urs of community service and
use of an ignition interlock device, as pro vided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, or
b. placement in the custod y of the Department of
Corrections for not les s than one (1) year and not to
exceed ten (10) years and a fine of not m ore than Five
Thousand Dollars ($5,000.00), or
c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treat ment in subsection G of this section does
not include residential or inp atient treatment for a period of not
less than ten (10) days, the person shall serve a term of
imprisonment of at least ten (10) days.
4. Any person who commits a violation of this se ction 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 stat e prohibiting the offense s
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 i n an
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assessment and evaluation pursuant to subsection G of this s ection
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 super vision
and periodic testing at the defen dant's expense, four
hundred eighty (480) hours of community service, a nd
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) d ays, 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 f ine of not more than
Five Thousand Dollars ($5,000.00), or
c. treatment, imprisonment and a fine within the
limitations prescribed in subp aragraphs a and b of
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 impri sonment of at least ten (10) days.
5. Any person who, after a pr evious 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
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influence of alcohol or othe r intoxicating substance, is convicted
of a violation of this sec tion 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, an d a fine of not more than Ten Thousand D ollars
($10,000.00).
6. Provided, however, a conviction from another s tate shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcoh ol
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 or other intoxicating substance
offense within any municipality with a municipal court other than a
court of record, the charge shall be presented to the county's
district attorney and filed with the district court of th e 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 alcohol 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 an d evaluation pursuant to subsection G
of this section and shall c omply with all recommendations for
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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 o f supervision 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 custo dy of
the Department of Corrections, the perso n shall be processed through
the Lexington Assessment and Reception Cent er or at a place
determined by the Director of the Department of Correcti ons. The
Department of Corrections shal l classify and assign the person to
one or more of the following:
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; or
2. A correctional facility o perated by the Department of
Corrections with assignment to substance a buse 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 substance ab use
course or treatment program or both. Succ essful completion of an
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approved Department of Corrections substance abu se 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 whe n the person
meets the statutory requirements which affect the existing driving
privilege.
G. Any person who is found guilty of a violation of t he
provisions of this section shall be o rdered to participate in an
alcohol and drug substance abuse evaluation and assessment program
offered by a certified assessment agency or cert ified assessor for
the purpose of evaluating and assessing the receptivit y to treatment
and prognosis of the pers on and shall follow all r ecommendations
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
defendant or on behalf o f the defendant by any th ird 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 Okla homa Statutes. The
evaluation and asses sment shall be conducted at a certified
assessment agency, the office o f 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 person is evaluated
and assessed, submit a written report to the court for the purpose
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of assisting the court in its sentencing determination. The court
shall, as a condition of any sentence imposed, including deferred
and suspended sentences, requir e the person to participate in and
successfully complete all reco mmendations 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 e valuation and assessment shows that the
defendant would benefit f rom 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 sentences, require the person to f ollow all
recommendations identified by the evaluation and assessment a nd
ordered by the court. No person, agency or facility operating an
evaluation and assessment program certified by the Department of
Mental Health and Substance Abuse Services shall so licit or refer
any person evaluated and assessed pursuant to this secti on for any
treatment program or substance abuse service in which such pe rson,
agency or facility has a vested interest; however, this provision
shall not be construed to prohibit the co urt from ordering
participation in or any person from voluntarily utili zing a
treatment program or substance abuse service offered by such pers on,
agency or facility. If a person is sentenced to imprisonment in the
custody of the Department of Corrections and the court has receiv ed
a written evaluation report pursuant to the provisions of this
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subsection, the report shall be furnished to the Dep artment of
Corrections with the judgment and sentence. Any evaluation an d
assessment report submitted to the cou rt pursuant to the provis ions
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 pro hibit the
court from ordering judgment a nd sentence in the event the defendant
fails or refuses to comply with an order of the court to obtain the
evaluation and assessment required b y this subsection. If the
defendant fails or refuses to comply with an o rder of the court to
obtain the evaluation and assessment, the De partment of Public
Safety shall not reinstate driving privileges until the defendant
has complied in full with such or der. Nothing contained in this
subsection shall be construed to prohibit the court from ordering
judgment and sentence and any other sanc tion 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 th e court to attend
a victims impact panel program, as defined in s ubsection 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 by the governing
authority of the program and approved by the court, to the program
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to offset the cost of participation by the defendant, if in the
opinion of the court the de fendant has the ability to pay such fee.
I. Any person who is found guil ty of a felony violation of the
provisions of this section shall 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 sentenc ed by the court to
perform any type of community service shall not be p ermitted 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 se ction, the court shall order, in additio n to
any other penalty, t he defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education and Treatment
Revolving Fund created in Section 2 -503.2 of Title 63 of the
Oklahoma Statutes, u pon collection.
L. 1. When a person is eighteen (18) years of a ge or older,
and is the driver, operator, or p erson in physical control of a
vehicle, and is convicted of violating an y provision of this section
while transporting or having in the motor veh icle any child less
than eighteen (18) y ears of age, the fine sha ll be enhanced to
double the amount of the fin e imposed for the underlying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this sectio n.
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2. Nothing in this subsection shall prohibit the prosecution of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of thi s section or
Section 11-904 of this title.
M. Any plea of guilty, nolo c ontendere or finding of guilt for
a violation 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 paragraph 4 of subsect ion A of Section 852.1 of Title 21 of th e
Oklahoma Statutes, shal l 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 the completion of any court-imposed
probationary term.
N. If qualified by knowledge, skill, experience , training or
education, a witness shall be allowed to testify in the fo rm of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concent ration level, relating to the
following:
1. The results of any standar dized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a person who has completed trai ning in
standardized field sobriety test ing; or
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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 b e qualified to
give the testimony in any case in which such testimony m ay be
relevant.
SECTION 4. AMENDATORY 47 O.S. 2021, Section 752, as
amended by Section 22, Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2023,
Section 752), is amend ed to read as follow s:
Section 752. A. Only a licensed medical doctor , licensed
osteopathic physician, licensed chiropractic physician, reg istered
nurse, licensed practical nurse, physician's assistant, certified by
any state's appropriate licensing authority, an employee of a
hospital or other health care facility authoriz ed by the hospital or
health care facility to withdraw blood, or indiv iduals licensed in
accordance with Section 1-2505 of Title 63 of the Oklahoma Statutes
as an Intermediate Emergency Medical Technician, an Advanced
Emergency Medical Technician or a Para medic, acting within the scope
of practice prescribed by their medical director, acting at the
request of a law enforcement officer may withdraw blood for the
purpose of having a determination made of its concentration of
alcohol or the presence or concentration of other intoxicating
substance. Only qualified persons author ized by the Board may
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collect breath, saliva or urine, or administer tests of breath under
the provisions of this title.
B. If the person authorized to withdraw blood as specified in
subsection A of this section is presented with a written statement:
1. Authorizing blood withdraw al signed by the person whose
blood is to be withdrawn;
2. Signed by a duly authorized peace officer that the person
whose blood is to be withdrawn has agreed to the withdrawal of
blood; or
3. Signed by a duly authorized peace offi cer that there are
exigent circumstances which necessitate the withdrawal of blo od. the
person whose blood is to be withdrawn has been pl aced under arrest
and that the officer has probable cause to believe that the person,
while intoxicated, has operated a motor vehicle in such manner as to
have caused the death or serious physic al injury of another pe rson,
or the person has been involved in a traffic accident and has been
removed from the scene of the accident that resulted in the death or
great bodily injury, as defined in subsection B of Section 646 of
Title 21 of the Oklahoma Statutes, of any person to a hospital or
other health care fac ility outside the Sta te of Oklahoma before the
law enforcement officer was able to effect an arrest for such
offense; or
4. In the form of an order from a district court that blood be
withdrawn, the person authorized to withdraw the blood and the
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hospital or other health care facility where the withdrawal occurs
may rely on such a statement or order as evidence that the person
has consented to or has been required to submit to the clinical
procedure and shall not requ ire the person to sign any additional
consent or waiver form . In such a case, the person authorized to
perform the procedure, the employer of such person and the hospital
or other health care facility shall not be liable in any acti on
alleging lack of con sent or lack of informed consent.
C. No person specified in subsection A of this section, no
employer of such person and no hospital or other health care
facility where blood is withdrawn shall incur any civil or criminal
liability as a result of the prop er withdrawal of blood when acting
at the request of a law e nforcement officer by the provisions of
Section 751 or 753 of this title, or when acting in reliance upon a
signed statement or court order as provided in this section, if t he
act is performed in a reasonable manner according to generally
accepted clinical practice. No person specified in subsection A of
this section shall incur any civil or criminal liability as a result
of the proper collection of breath, saliva or urine w hen acting at
the request of a law enforcement officer under t he provisions of
Section 751 or 753 of this title or when acting pursuant to a court
order.
D. The blood, breath, saliva or urine specimens obtained shall
be tested by the appropriate test as d etermined by the Board, or
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tested by a laboratory that is exem pt from the Board rul es pursuant
to Section 759 of this title, to determine the alcohol concentration
thereof, or the presence or c oncentration of any other intoxicating
substance which might ha ve affected the ability of the person tested
to operate a motor vehicle safely.
E. When blood is withdrawn for testing of its alcohol
concentration or other intoxicating substance presence or
concentration, at the request of a law enforcement officer, a
sufficient quantity of t he same specimen shall be obtained to e nable
the tested person, at his or her own option and expense, to have an
independent analysis made of such specimen. The excess blood
specimen shall be retained by a laboratory approved by the Board in
accordance with the rules and regulations of the Boa rd or by a
laboratory that is exempt from the Board rules pursuant to Section
759 of this title, for sixty (60) days from the date of collection.
At any time within that period, the tested pers on or his or her
attorney may direct that such blood specimen be sent or delivered to
a laboratory of his or her own choosing and approved by the Board
for an independent analysis. Neither th e tested person, nor any
agent of such person, shall have access to the additional bloo d
specimen prior to the completion of the independent analys is, except
the analyst performing the independent analysis and agents of the
analyst.
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F. The costs of colle cting blood specimens for the purpose of
determining the alcohol or other intoxicating s ubstance thereof, by
or at the direction of a law enforcemen t officer, shall be borne by
the law enforcement agency employing such officer; provided, if the
person is convicted for any offense involving the operation of a
motor vehicle while under the infl uence of or while impaired by
alcohol or an intoxicating sub stance, or both, as a direct result of
the incident which caused the collection of blood specimens, an
amount equal to the costs shall become a part of the court costs of
the person and shall be c ollected by the court and remitted to t he
law enforcement agency bearing the costs. The cost of collecting,
retaining and sending or delivering to an independent labor atory the
excess specimens of blood for independent analysis at t he option of
the tested person shall also be borne by such law enforcement
agency. The cost of the independent analysis of such specimen of
blood shall be borne by the tested person at whose option such
analysis is performed. The tested person, or his or her agent,
shall make all necessary arrangements for the perf ormance of such
independent analysis other than the forwarding or delivery of such
specimen.
G. Tests of blood or breath for th e purpose of determining the
alcohol concentration thereof, and te sts of blood for the pu rpose of
determining the presence or co ncentration of any ot her intoxicating
substance therein, under the provisions of this title, whether
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administered by or at the d irection of a law enforcement officer or
administered independentl y, at the option of the tested person, on
the excess specimen of such person's blood to be considered valid
and admissible in evidence under the provisions of this title, shall
have been administered in accordance with Section 759 of this title.
H. Any person who has been arres ted for any offense arising out
of acts alleged to have been committed while the person was
operating or in actual physical control of a motor vehicle while
under the influence of alcohol, any other int oxicating substance or
the combined influence of alcoh ol and any other intoxicating
substance who is not requested by a law enforcement officer to
submit to a test shall be entitled to have an independent test of
his or her blood for the purpose of determi ning its alcohol
concentration or the presence or conc entration of any other
intoxicating substance therein, perfo rmed by a person of his or her
own choosing who is qualified as stipulated in this section. The
arrested person shall bear the responsibility for making all
necessary arrangements for the adminis tration of such independent
test and for the independent ana lysis of any specimens obtained, and
bear all costs thereof. The failure or inability of the arrested
person to obtain an independent test shall not preclude the
admission of other competent evid ence bearing upon the question of
whether such person was un der the influence of alcohol, or any other
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intoxicating substance or the combined influence of alcohol and any
other intoxicating substance.
I. Any agency or laboratory cer tified by the Board or any
agency or laboratory that is exempt from the Board rules pursuant to
Section 759 of this title, which analyses blood shall make available
a written report of the results of the test administered by or at
the direction of the law enforcement officer to:
1. The tested person, or his or her a ttorney;
2. The Commissioner of Public Safety;
3. The Director of Service Oklahoma; and
4. The Fatality Analysis Re porting System (FARS) analyst of the
state, upon request.
The results of the tests provided for in this title shall be
admissible in all civil actions, includi ng administrative hearings
regarding driving privileges.
SECTION 5. This act shall become effective November 1, 2024.
59-2-8497 JBH 01/16/24