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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3239 By: Lawson
AS INTRODUCED
An Act relating to driving under the influence;
amending 11 O.S. 2021, Section 27 -101, which relates
to the creation of municipal court not of record;
creating a Qualified DUI Municipal Court Not of
Record for certain municipalities ; requiring
municipality make certain determination by
resolution; requiring the filing resolution with the
county clerk; requiring certain judicial notice;
requiring certain prerequisites; amending 47 O.S.
2021, Section 11-902, which relates to persons under
the influence of alcohol or other intoxicating
substance or combination thereof ; making exception
for certain courts to re tain jurisdiction; statin g
requirements for certain court jurisdiction;
requiring certain cases be transferred to di strict
court; stating powers of certain court; prohibiting
the reinstatement of driving privileges until certain
conditions met; requiring certain cases involving
bodily injury and other offenses be transferred to
district court; amending 47 O.S. 2021, Section 11 -
902c, which relates to preemption of legislation
pertaining to prosecution of offenses related to
driving under the influence of alcohol or other
intoxicating substanc es; making exception for certain
court; and providing an effective dat e.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 27 -101, is
amended to read as follows:
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Section 27-101. A. A municipality may create a Municipal
Court, as provided in this article, which shall be a court not of
record. This court may be created in addition to a Municipal
Criminal Court of Record. References in Sections 27-101 through 27-
131 of this title to the municipal cou rt shall mean the municipal
court not of record established under the authority of the
provisions of this article.
B. In cities having a population of more than fifteen thousand
(15,000) inhabitants, according to the latest Fe deral Decennial
Census, there is hereby created a "qualified DUI municipal court not
of record", subject to the provisions of subsection C of this
section. References in Sections 27 -101 through 27-131 of this title
to the qualified DUI municipal court not of record shall mean the
courts established by the provisions of this article in cities over
fifteen thousand (15,000) population.
C. For the creation of a qualified DUI municipal court not of
record, the municipal governing body shall determine by resol ution
that the qualified DUI municipal court not of record should be and
is created. The governing body shall cause a certified copy of the
resolution to be filed in the office of the county clerk of each
county in which the municipality is located. The resolution and
filing thereof shall be judicially noticed in all courts of this
state. As a prerequisite to the creation of a qualified DUI
municipal court not of record, the municipality must have a stand-
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alone city attorney or city prosecutor specifical ly tasked with
handling such matters before the court.
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 perso n to drive, operate, o r 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 pe rson;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled
substance, as defined in Section 2 -204 of Title 63 of the Oklahoma
Statutes, or one of its metabolites or analogs in the person 's
blood, saliva, urine or any other bodily fluid at the time of a test
of such person's blood, saliva, urine or any other bodily fluid
administered 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
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5. Is under the combined influence of alcohol and any other
intoxicating substance which may render such person incapable of
safely driving or ope rating a motor vehicle .
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 substance or any other intoxicating substance
shall not constitute a defense against any charge of violating t his
section.
C. 1. Any person who is convicted of a violation 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, h aving 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 another state
prohibiting the offenses provided in this section, Sectio n 11-904 of
this title or paragraph 4 of subsection A of Section 852.1 of Title
21 of the Oklahoma Statutes, or having a prior conviction in a
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municipal criminal court of record for the violation of a municipal
ordinance prohibiting the offense provided fo r 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 ass essment 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,
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 inpatient treatment for a period of not
less than five (5) days, the person shall serve a term of
imprisonment of at least five (5) days.
3. Any person who commits a violation of this section after
having been convicted of a felony offense pursuant to the provisions
of this section or a violation pursuant to the provisions of any law
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of this state or another state prohibiting the offenses provided for
in this section, Section 11 -904 of this title or 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 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 paragra ph 1 of subsection A o f
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 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 treatment for a period of n ot
less than ten (10) days, the person shall serve a term of
imprisonment of at least ten (10) days.
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4. Any person who commits a violation of this section after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation pursuant t o 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 in an
assessment and evaluation pursuant to subsection G of this section
and shall be sentenced to:
a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant 's expense,
followed by not less than one (1) year of supervision
and periodic testing at the defendant 's expense, four
hundred eighty (480) 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, 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
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c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs 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 imprisonment of at least ten (10) days.
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 or other intoxicating substance, is convicted
of 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 Dollars
($10,000.00).
6. Provided, however, a conviction from another state shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that convict ion is based on a bloo d 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 or other intoxicating substance
offense or operating a motor vehicle while impaired 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
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filed with the district court of the county within which the
municipality is located , except for any municipality with a
qualified DUI municipal court not of record which may retain
jurisdiction of the case and file such charge against a defendant .
8. The qualified DUI municipal court not of record shall have
jurisdiction to prosecute a defendant for any offenses related to
driving under the influence of alcohol or other intoxicating
substance or operating a motor vehicle while impaired for two
dispositions during a ten -year period from the date of plea of the
first disposition. Any subsequent arrest of a defendant for any
offense related to driving under the influence of alcohol or other
intoxicating substance or operating a motor vehicle while impaired ,
after two dispositions during the ten -year period in the qualified
DUI municipal court not of rec ord, shall be presented to the
county's district attorney and filed with the district court of the
county within which the municipality is located.
a. The qualified DUI municipal court not of record shall
be required to order the defendant, in addition to all
other appropriate orders made by the court, to the
following:
(1) For the first disposition of any of fense related
to driving under the influence of alcohol or
other intoxicating substance or operating a motor
vehicle while impaired , the defendant shal l be
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required to obtain a drug and alcohol assessment
by a certified assessment agency or certified
assessor and successfully complete all
recommendations made therein. The defendant also
shall be required to attend a victims impact
panel, as defined in s ubsection H of Section 991a
of Title 22 of the Oklahoma Statutes.
(2) For a second disposition of any offense related
to driving under the influence of alcohol or
other intoxicating substance or operating a motor
vehicle while impaired , the defendant shall be
required to obtain a drug and alcohol assessment
by a certified assessment agency or certified
assessor and successfully complete all
recommendations made therein, which shall include
an intensive outpatient rehabilitation program.
Additionally, the defendant shall be required to
install, at defendant 's expense and on every
motor vehicle operated by defendant, an ignition
interlock device approved by the Board of Tests
for Alcohol and Drug Influence for a period of
six (6) months.
b. Service Oklahoma shall not reinstate the driving
privileges of the defendant from a driver license
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suspension pursuant to Sections 753 or 754 of this
title until the defendant fully complies with all
requirements enumerated in subparagraph a of this
paragraph.
9. Any person arrested for driving under the influence of
alcohol or other intoxicating substance or operating a motor vehicle
while impaired that results in bodily injury to anyone other than
the defendant shall not be prosecuted in the qualified municipal
court not of record but shall be presented to the county's district
attorney and filed with the district court of the county within
which the municipality is located.
10. Any person having been convicted of a felony offense
pursuant to the provision 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 or Section 11 -904 of this
title, within the prior ten-year period, shall be prosecuted for any
new offense involving driving under the influence of alcohol or
other intoxicating substance or operating a motor vehicle while
impaired by presenting said charge to the county 's district attorney
and filing the same with the district court of the county within
which the municipality is located.
D. Any person who is convicted of a violation of driving under
the influence with a blood or breath al cohol concentration of
fifteen-hundredths (0.15) or more pursuant to this section shall be
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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 shall comply with all recommendations for
treatment. Such person shall be sentenced as provided in paragraph
1, 2, 3, 4 or 5 of subsection C of this section and to:
1. Not less than one (1) year of supervi sion and periodic
testing at the defendant 's expense; and
2. An ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes, for a minimum of ninety (90)
days.
E. When a person is sentenced to imprisonment in the custody of
the Department of Corrections, the person shall be processed through
the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Corrections. The
Department of Corrections shall classify and 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; o r
2. A correctional facility operated by the Department of
Corrections with assignment to substance abuse treatment.
Successful completion of a Department-of-Corrections-approved
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substance abuse treatment program shall satisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or treatment program or both. Successful completion of an
approved Department of Corrections substance abuse treatment program
may precede or follow the required assessment.
F. The Department of Public Safety is hereby authorized to
reinstate any suspended or revoked driving privilege when the person
meets the statutory requirements which affect the existing driving
privilege.
G. Any person who is found guilty of a violation of the
provisions of this section shall be ordered to participate in an
alcohol and drug substance abuse evaluation and assessment program
offered by a certified assessment agency or certified assessor for
the purpose of evaluating and assessing the receptivity to trea tment
and prognosis of the person and shall follow all recommendations
made in the assessment and evaluation for treatment. The cour t
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 of the defendant by any third party;
provided, no state-appropriated funds are utilized. The fee for a n
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 conducted at a certified
assessment agency, the office of a certified assessor or at an other
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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 report to the court for the purpose
of assisting the court in its sentencing determina tion. 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 treat ment 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 benefit from a ten -hour or twenty-four-hour alcohol
and drug substance abuse course or a treatment program or both, the
court shall, as a condition of any sentence imposed, including
deferred and suspended sen tences, require the person to follow all
recommendations identified by the evaluation and assessment and
ordered by the court. No pe rson, 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
any person evaluated and assessed pursuant to this section for any
treatment program or substance abuse service in which such person,
agency or facility has a vested interest; however, this provision
shall not be construed to prohibit the court from ordering
participation in or any person from voluntarily utilizing a
treatment program or sub stance abuse service offered by such person,
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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 Department of
Corrections with the judgment and sentence. Any evaluation and
assessment report submitted to the court pursuant to the provisions
of this subsection shall be handled in a manner which will keep such
report confidential from the general public's review. Nothing
contained in this subsection shall be construed to prohibit the
court from ordering judgment and sentence in the event the defendant
fails or refuses to comply with an order of the court to obtain the
evaluation and assessment required by this subsection. If the
defendant fails or refuses to comply with an order of t he court to
obtain the evaluation and assessment, the Department of Public
Safety shall not reinstate driving privileges until the de fendant
has complied in full with such order. Nothing contained in this
subsection shall be construed to prohibit the cour t from ordering
judgment and sentence and any other sanction authorized by law for
failure or refusal to comply with an order of the court.
H. Any person who is found guilty of a violation of the
provisions of this section shall be required by the court t o attend
a victims impact panel program, as defined in subsection H of
Section 991a of Title 22 of the Oklahoma Statutes, if such a p rogram
is offered in the county where the judgment is rendered, and to pay
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a fee of Seventy-five Dollars ($75.00), as set b y the governing
authority of the program and approved by the court, to the program
to offset the cost of participation by the defenda nt, 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 shall be required to submit to electronic
monitoring as authorized and defined by S ection 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 Dr ug Abuse Education and Treatment
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 fine shall be enhanced to
double the amount of the fine imposed for the underlying dr iving
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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 prosecution of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of this section or
Section 11-904 of this title.
M. Any plea of guilty, nolo contendere or finding of guilt for
a violation of this section or a violation pursuant to the
provisions of any law of this state or another st ate prohibiting the
offenses provided for in this section, Section 11 -904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this section; pro vided, 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.
N. If qualified by knowledge, skill, experience, training or
education, a witness shall be allowed to testify in the form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concentration level, relating to the
following:
1. The results of any standardized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
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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 categ ory of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimony may be
relevant.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 11 -902c, is
amended to read as follows:
Section 11-902c. A. The State Legislature hereby occupies and
preempts the entire field of legislation in thi s state touching in
any way the prosecution o f offenses relating to driving under the
influence of alcohol or any other intoxicating substance or
operating a motor vehicle while impaired to the complete exclusion
of any order, ordinance, local legislation or regulation by any
municipality or other po litical subdivision of this state.
B. No municipality or other political subdivision shall
prosecute any laws or ordinances relating to the offense of driving
under the influence of alcohol or any other intoxic ating substance
or operating a motor vehicle while impaired. Any existing or future
orders, ordinances, local legislation or regulations in violation of
this section is void and unenforceable.
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C. The preemption provisions of this section shall not apply to
prosecutions in municipal criminal courts of record or qualified DUI
municipal courts not of record for offenses relating to driving
under the influence of alcohol or any other intoxicating substance
or operating a motor vehicle while impaired. Nothing in this
section shall prohibit a municipalit y from establishing a municipal
criminal court of record pursuant to the provisions of Section 28 -
101 of Title 11 of the Oklahoma Statutes.
SECTION 4. This act shall become effective November 1, 2024.
59-2-9265 JBH 12/20/23