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ENGROSSED HOUSE
BILL NO. 3220 By: West (Kevin) and Hardin of
the House
and
Weaver of the Senate
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 bail 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 information and render aid; removing drug and
alcohol testing requirement; amending 47 O.S. 2021,
Section 11-902, which relates to per sons under the
influence of alcohol or othe r intoxicating substance
or combination thereof; stating certain timing
requirements for administration of tests do not
apply; amending 47 O.S. 2021, Section 752, as a mended
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 OKLAHOM A:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105, is
amended to read as follows:
Section 1105. A. Except as otherw ise 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,
judge, or court shall, if the defendant is in custod y, make and sign
an order for discharge. The c ourt, in its discretion, may prescribe
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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 ma y 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 Sect ion 644 of Title 21
of the Oklahoma Statutes, o r 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 bat tery with a deadly weapon
pursuant to Section 6 44 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, judg e 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;
3. Whether the person has a history of v iolating the orders of
any court or governmental entity;
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4. Whether the person is potentially a threat to any o ther
person;
5. Whether the person has a history of abusing alcohol 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 li mited to:
a. the duration of the alleged violen t incident,
b. whether the alleged violent incident involved s erious
physical injury,
c. whether the alleged vi olent incident involved se xual
assault,
d. whether the alleged violent incident involved
strangulation,
e. whether the alleged violent incident i nvolved 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 t o the alleged victim;
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;
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9. Whether the pers on has exhibited obsessive or contr olling
behaviors toward the alleged victim incl uding, 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 d ocuments accompanying the complaint.
C. A person arrested for :
1. A violation of an ex parte or final protect ive order as
provided in Sections 60.2 and 60.3 of this title;
2. An act constituting domestic ab use, domestic assault and
battery or domestic a ssault 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 ti tle,
shall not be eligible for a personal recog nizance bond pursuant to
Section 1108.1 of this title.
D. No police officer or sheriff may release a person ar rested
for any violation of subsection G of Section 2 -401 of Title 63 of
the Oklahoma Statutes, wi thout the violator appearing before a
magistrate, judge, or court. In determining bond and other
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 subs tance or has a pattern of regular,
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illegal use of any controlled dangerous substance. A rebuttable
presumption that no conditions of release on bond would as sure 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 arrest ed 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 subst ances 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 regu lar illegal use of a
controlled dangerous subst ance, 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 person arrested
for a second or subsequent violation of Section 11-902 of Title 47
of the Oklahoma Statutes, without the granting of bail by a
magistrate, court, judge, or on -call judge, whether by telephone or
in person. In determining bond and other conditions of release, t he
magistrate, judge, on-call judge or court shall 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
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of alcohol or the 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 pr esent
written findings on the bail amount.
SECTION 2. AMENDATORY 47 O.S. 2021, Secti on 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 o f any person or damage to
any vehicle which is driven or attended 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 struck o r the driver
or occupant of or person att ending any vehicle coll ided with, and
shall render to any person injured in such accident reasonable
assistance, includin g the carrying, or the making of arrange ments
for the carrying, of such person to a physician, surgeon or hospital
for medical or surgi cal treatment if it is apparent that such
treatment is necessary or if such carrying is requested by the
injured person. Any driver who provides information req uired by
this section which is intentionally inaccurat e shall be subject to
the provisions of Section 10-103 of this title.
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B. Any driver of any vehicle involved in an accident who could
be cited for any traffic off ense where said accident resulted in the
immediate death or great bodily injury, as defined in subsection B
of Section 646 of Title 21 of the Oklahoma Statute s, 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, opera te, or be in actual
physical control of a motor vehicle within this 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 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 admin istered within
two (2) hours after the arrest of su ch person;
2. Is under the influence of alcohol;
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3. Has any amount of a Schedule I chemical or contro lled
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 b odily 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 S ection 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 render such person incapable of
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 pa ragraph.
B. The fact that any person charged with a violation of this
section is or has been lawfully entitled to use alcohol or a
controlled dangerous subst ance or any other intoxicating substance
shall not constitute a defense against any charge of viol ating this
section.
C. 1. Any person who is convicted of a violation of the
provisions of this sectio n shall be guilty of a misdemean or for the
first offense and shall:
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a. participate in an assessment and evaluation pursuant
to subsection G of this secti on and shall follow all
recommendations made in the assessment and evaluation,
b. be punished by impris onment 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 this section or a violation
pursuant to the prov isions of any law of th is 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 Statutes, or having a prior conviction in a
municipal criminal court of re cord for the violation of a municipal
ordinance prohibiting the offense provided for in this secti on
commits a subsequent violation of this section within ten (10) years
of the date following the compl etion of the execution of said
sentence or deferred jud gment shall, upon conviction, be guilty of a
felony and shall participate in an assessment and eva luation
pursuant to subsection G of this section and shall be sentenced to:
a. follow all recommendatio ns made in the assessment and
evaluation for treatment at the defendant's expense,
or
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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 inpatient treatme nt for a period of not
less than five (5) days, the per son shall serve a term of
imprisonment of at leas t five (5) days.
3. Any person who commits a vio lation of this section a fter
having been convicted of a felony offense pursuant to the provisions
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, Sec tion 11-904 of this title or paragraph 4 of
subsection A of Section 852.1 of Title 21 of the Oklahoma S tatutes
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:
a. follow all recommendat ions made in the assessment and
evaluation for treatment at the defendant 's expense,
two hundred forty (240) ho urs of community servic e and
use of an ignition interlock device, as pro vided by
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subparagraph n of paragraph 1 of subsect ion A of
Section 991a of Title 22 of the Oklahoma Statutes, or
b. placement in the custody of the Depar tment 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 pur suant 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 be guilty of a felony and participate i n 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 treatment at the defendant's expense,
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followed by not less th an one (1) year of super vision
and periodic testing at the defendant's expense, four
hundred eighty (480) hours of community service, a nd
use of an ignition i nterlock 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 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 ($5,00 0.00), or
c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a an d b of
this paragraph.
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection G of this section the person sha ll
serve a term of impri sonment of at least ten (10) days.
5. Any person who, after a previous convict ion of a violation
of murder in the second degree or ma nslaughter in the first degree
in which the death was caused as a result of driving under the
influence of alcohol or othe r intoxicating substance, is convicted
of a violation of this section shall be guilty of a felony and shall
be punished by imprisonmen t in the custody of the Department of
Corrections for not less than five (5) years and not to exce ed
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twenty (20) years, an d a fine of not more than Ten Thousand Dollars
($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 cour t other than a
court of record, the charge shall be presented to the county's
district attorney and fil ed 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 t his section shall be
deemed guilty of aggravated drivin g 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 comply with all recommendations for
treatment. Such person shall be s entenced 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
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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 perso n shall be processed th rough
the Lexington Assessment and Reception Cent er or at a place
determined by the Director of th e Department of Correcti ons. The
Department of Corrections shall 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 Tit le 57
of the Oklahoma Statutes; or
2. A correctional facility operated 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 sa tisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or treatment program or both. Succ essful completion of an
approved Department of Corrections substance abu se treatment program
may precede or follow the re quired assessment.
F. The Department of Public Safety is hereby authorized to
reinstate any suspended or revoked driving privilege whe n the person
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meets the statutory requirements which affect the existing driving
privilege.
G. Any person who is found gu ilty of a violation of t he
provisions of this section shall be ordered 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 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 assess ment. Payment shall be remitted by the
defendant or on behalf of the defendant by any third party;
provided, no state-appropriated funds are utilized. The f ee 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 assessment 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
of assisting the court in its sentencing d etermination. 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 recommendations fr om the evaluation, such
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as an alcohol and substance abu se treatment program pursuant to
Section 3-452 of Title 43A of the Oklahoma Statutes. If such rep ort
indicates that the e valuation and assessment shows that the
defendant would benefit from a ten -hour or twenty-four-hour alcohol
and drug substance abuse c ourse or a treatment program or both, the
court shall, as a condition of any sentence imposed, inc luding
deferred and suspended sentences, require the person to follow 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 D epartment of
Mental Health and Substance Abuse Services shall solicit 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; h owever, this provision
shall not be construed to prohibit the court from ordering
participation in or a ny 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 received
a written evaluation report pursuant to the provisions of this
subsection, the report shall be furnished to the Dep artment of
Corrections with the judgment and sent ence. Any evaluation an d
assessment report submitted to the court pursuant to the provisions
of this subsection shall be handled in a manner which will keep such
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report confidential from the general public 's review. Nothing
contained in this subsection s hall be construed to pro hibit the
court from ordering judgment and sentence in the event the defendant
fails or refuses to comply with an order of the court t o obtain the
evaluation and assessment required b y this subsection. If the
defendant fails or ref uses to comply with an o rder of the court to
obtain the evaluation and assessment, the Department of Pu blic
Safety shall not reinstate driving privileges unti l 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 sanction authorize d 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 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 by the governing
authority of the program and approved by the court, to the program
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
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monitoring as authorized and defi ned 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 p ermitted to pay
a fine in lieu of performing the community service.
K. When a person is found guilty of a violation of t he
provisions of this se ction, the court shall order, in addition to
any other penalty, the defendant t o pay a one-hundred-dollar
assessment to be deposited i n 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 age or older,
and is the driver, operator, or p erson in physical contr ol 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) years of age, the fine shall be enhanced to
double the amount of the fin e imposed for the under lying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this sectio n.
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.
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M. Any plea of guilty, nolo c ontendere or finding of guilt for
a violation of this section or a violation pu rsuant to the
provisions of any law of this state or an other 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 the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this sect ion; provided, any deferred judgment shall
only be considered to constitute a conviction for a per iod 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 concentration level, relating to the
following:
1. The results of any standar dized field sobriety te st
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a perso n who has completed trai ning in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and t he category of such impairing substance or
substances. A witness who has received training and ho lds a current
certification as a drug recognition expert shall be qualified to
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give the testimony in an y case in which such testimony m ay be
relevant.
SECTION 4. AMENDATORY 47 O.S. 2021, Section 752, as
amended by Section 22, Chap ter 310, O.S.L. 2023 (47 O.S. Supp. 2023,
Section 752), is amended 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
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:
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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;
3. Signed by a duly authorized peace offi cer that the person
whose blood is to be withdrawn has been placed 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 facility outside the Sta te of Oklahoma before the
law enforcement officer was able to effect an arrest for such
offense there are exigent circumstance s which necessitate the
withdrawal of blood; 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
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
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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 the 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
tested by a laboratory that is exempt 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
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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 enable
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 Board 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.
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
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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 the
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 performance 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 concentration of any ot her intoxicating
substance therein, under the provisions of this title, whether
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
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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
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
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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 attorney;
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.
Passed the House of Representatives the 6th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate