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SENATE FLOOR VERSION
February 25, 2025
SENATE BILL NO. 882 By: Weaver
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 ba il before release; requiring
certain evidence be considered; requiring court make
certain consideration regarding bail 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; making language gender
neutral; amending 47 O.S. 2021, Section 11-902, which
relates to persons under the influence of alcohol or
other intoxicating substance or combination thereof;
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. 202 4, 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 the execution of the requisite
recognizance, bond, or undertaking to the state, the magistrate,
judge, or court shall, if the defendant is in custody, make and sign
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an order for discharge. The court, in its discretion, may prescribe
by court rule the conditions 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 p erson 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 fo r any act constituting
domestic abuse, stalking or harassment as defined by Section 60.1 of
this title, or arrested for an act constituting domestic assault and
battery or domestic assault and battery with a deadly weapon
pursuant to Section 644 of Title 2 1 of the Oklahoma Statutes,
without the violator appearing before a magistrate, judge or court.
To the extent that any of the following information is available to
the court, the magistrate, judge or court shall consider, in
addition to any other circumst ances, before determining bond and
other conditions of release as necessary for the protection of the
alleged victim, the following:
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 violating the orders of
any court or governmental entity;
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4. Whether the person is potentially a threat to any other
person;
5. Whether the person has a history of abusing alcohol or any
controlled substance;
6. Whether the person has access to de adly weapons 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 serious
physical injury,
c. whether the alleged violent incident involved sexual
assault,
d. whether the alleged violent incident involved
strangulation,
e. whether the alleged violent incident involved abuse
during the pregnancy of the alleged victi m,
f. whether the alleged violent incident involved the
abuse of pets, or
g. whether the alleged violent incident involved forcible
entry to gain access to 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 occurred or is pending;
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9. Whether the person has exhibited obsessive or controlling
behaviors toward the alleged victim including, but no t limited to,
stalking, surveillance, or i solation 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 acco mpanying 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 ba ttery with a deadly weapon as
specified in Section 644 of Title 21 of the Oklahoma Statutes; or
3. An act constituting domestic 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 before a
magistrate, judge, or court. In determining bond and other
conditions of release, the magistrate, judge, or court shall
consider any evidence that the person is in any manner dependent
upon a controlled dangerous substance or has a pattern of regular,
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illegal use of any contro lled dangerous substance. A rebuttable
presumption that no conditions of release on bond would assure the
safety of the community or any person therein shall arise if the
state shows by clear and convincing evidence:
1. The person was arrested for a viol ation of subsection G of
Section 2-401 of Title 63 of the Oklahoma Statutes, relating to
manufacturing or attempting to manufacture 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 subsection was committed or attempted in order
to maintain or facilitate the dependence 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, the
magistrate, judge, on-call judge or court shall cons ider 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 present
written findings on the bail amount.
SECTION 2. AMENDATORY 47 O.S. 202 1, 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 att ended 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 or the dr iver
or occupant of or person attending any vehicle collided with, and
shall render to any person injured in such accident reasonable
assistance, including the carrying, or the making of arrangements
for the carrying, of such person to a physician, surgeon or hospital
for medical or surgical 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 required by
this section which is intentionally inaccurate 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 offense 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 Statutes, of any person
shall submit to drug and alcohol testing as soon as practicable
after such accident occurs. The traffic offense violation 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 provided
in this section for any person to drive, operate, or be in actual
physical control of a motor vehicle with in 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 concen tration, as defined in
Section 756 of this title, of eight -hundredths (0.08) or more at the
time of a test of such person ’s blood or breath administered within
two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
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3. Has any amount of a Schedule I chemical or contr olled
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 . 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 other
intoxicating substance which may r ender such 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.
B. The fact that any person charged with a violati on 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 this
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:
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a. participate in an assessment and evaluation pursuant
to subsection G of this section and shall follow all
recommendations made in the assessme nt and evaluation,
b. be punished by impri sonment in jail for not less than
ten (10) days nor more than one (1) year, and
c. be fined not more than One Thousand Dollars
($1,000.00).
2. Any person who, having been convicted of or having received
deferred judgment for a violation of this section or a violation
pursuant to the provisions of any law of this state or another state
prohibiting the offenses provided in this section, Section 11 -904 of
this title or paragraph 4 of subsection A of Section 852.1 of T itle
21 of the Oklahoma Statutes, or havin g 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 b e sentenced to:
a. follow all recommendati ons 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 an d 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 treatm ent 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 felo ny offense pursuant to the provisions
of this section or a violation pursuant to the provisions of any law
of this state or another state prohibiting the offenses provided for
in this section, Section 11 -904 of this title or 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
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subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, or
b. placement in the custody of the Depa rtment 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 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 section after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation pursuant to the provisions
of any law of this state or another state 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 pursu ant 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 than one (1) year of supervision
and periodic testing at the d efendant’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 (3 0) days, or
b. placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed twenty (20) years and a fine of not more than
Five Thousand Dollars ($5,000.00), or
c. treatment, 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 convic tion 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 convict ed
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
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twenty (20) years, and a fine of not more than Ten Thousa nd Dollars
($10,000.00).
6. Provided, however, a conviction from another state shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcohol
concentration of less than eight -hundredths (0.08).
7. In any case in which a defendant is charged with driving
under the influence of alcohol or other intoxicating substance
offense within any municipality with a municipal court other than a
court of record, the charge shall be presente d to the county’s
district attorney and fi led 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 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 and evaluation pursuant to subsection G
of this section and shall comply with al l 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 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 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; or
2. A correctional facili ty operated by the Department of
Corrections with assignment to substance abuse treatment.
Successful completion of a Department -of-Corrections-approved
substance abuse treatment program shall satisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug 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 he reby authorized to
reinstate any suspended or revoked driving privilege when the person
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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 treatment
and prognosis of the person and shall follow all recommendation s
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 beha lf of the defendant by any third party;
provided, no state-appropriated funds are utilized. The fee for an
evaluation and assessment shall be the amount provided in subsection
C of Section 3-460 of Title 43A of the Oklahoma Statutes. The
evaluation and assessment shall be conducted at a certifie d
assessment agency, the office of a certified assessor or at another
location as ordered by the court. The agency or assessor shall,
within seventy-two (72) hours from the time the person is evaluated
and assessed, submit a written report to the court for the purpose
of assisting the court in its sentencing determination. The court
shall, as a condition of any sentence imposed, including deferred
and suspended sentences, require the person to participate in and
successfully complete all recommendations f rom the evaluation, such
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as an alcohol and substance abuse treatment program pursuant to
Section 3-452 of Title 43A of the Oklahoma Statutes. If such report
indicates that the evaluation and assessment shows that the
defendant would 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 sentences, require the person to follow all
recommendations identified b y the evaluation and assessment and
ordered by the court. No person, agency or facility operating an
evaluation and assessment program certified by the Department of
Mental Health and Substance Abuse Services shal l 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 th e court from ordering
participation in or any person from voluntarily utilizing a
treatment program or substance abuse service offered by such person,
agency or facility. If a person is sentenced to imprisonment in the
custody of the Department of Correct ions 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
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report confidential from the general public ’s review. Nothing
contained in this subsection shall be construed to prohibit the
court from ordering judgme nt 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 the court to
obtain the evaluation and assessment, the Department of P ublic
Safety shall not reinstate driving privileges until the defendant
has complied in full with such order. Nothing contained in this
subsection shall be construed to prohibit the court 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 to attend
a victims impact panel program, as defined in subsection H o f
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 defendant has the ability to pay such fee.
I. Any person who is found guilty of a felony violation of the
provisions of this section shall be required t o submit to electronic
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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 sen tenced 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, the court shall order, in add ition to
any other penalty, the 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, upon collection.
L. 1. When a perso n 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 enhance d to
double the amount of the fine imposed for the underlying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.
2. Nothing in this subsection sh all 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.
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M. Any plea of guilty, nolo contendere or finding of guilt for
a violation of this section or a violation p ursuant 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 o f the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this section; provided, any deferred judgment shall
only be considered to constitute a conviction for a period of ten
(10) years following 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 form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol con centration level, relating to the
following:
1. The results of any standardized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a person who has completed training in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and the category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert sha ll be qualified to
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give the testimony in any case in which such testimony may 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. 202 4,
Section 752), is amended to read as follows:
Section 752. A. Only a licensed medical doctor, licensed
osteopathic physician, licensed chiropractic physician, registered
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 authorized by the hospital or
health care facility to withdraw blood, or individuals licensed in
accordance with Section 1 -2505 of Title 63 of the Oklahoma Statutes
as an Intermediate Emerg ency Medical Technician, an Advanced
Emergency Medical Technician or a Paramedic, 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 de termination made of its concentration of
alcohol or the presence or concentration of other intoxicating
substance. Only qualified persons authorized by the Board may
collect breath, saliva or urine, or administer tests of breath under
the provisions of th is 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 withdrawal signed by the person whose
blood is to be withdrawn;
2. Signed by a duly authoriz ed 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 officer that the person
whose blood is to be withdrawn has been placed under arrest and that
the officer has probab le cause to believe that the person, while
intoxicated, has operated a motor vehicle in such manner as to have
caused the death or serious physical injury of another person, 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 State of Oklahoma before the
law enforcement officer was able to effect a n arrest for such
offense there are exigent circumstances 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 t he 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 require 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 action
alleging lack of consent or lack o f 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 proper withdrawal of blood when acting
at the request of a l aw enforcement 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 the
act is performed in a reasonable m anner 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 when acting at
the request of a law en forcement 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 determined by the Board, or
tested by a laboratory that is exempt from the Board rules pursuant
to Section 759 of this title, to determine the alcohol concentration
thereof, or the presence or concentration of any other intoxicating
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substance which might have 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 the same specim en 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 a nd 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 person 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 the tested person, nor any
agent of such person, shall have access to the additional blood
specimen prior to the completion of the independent an alysis, except
the analyst performing the independent analysis and agents of the
analyst.
F. The costs of collecting blood specimens for the purpose of
determining the alcohol or other intoxicating substance there of, by
or at the direction of a law enforcement 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 influence of or wh ile impaired by
alcohol or an intoxicating substance, 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 collected by th e court and remitted to the
law enforcement agency bearing the costs. The cost of collecting,
retaining and sending or delivering to an independent laboratory the
excess specimens of blood for independent analysis at the 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 the purpose of determining the
alcohol concentration thereof, and tests of blood for the purpose of
determining the presence or concentration of an y other intoxicating
substance therein, under the provisions of this title, whether
administered by or at the direction of a law enforcement officer or
administered independently, 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 arrested for any of fense 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 intoxicating substance or
the combined influence of alcohol and any oth er 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 determining its alcohol
concentration or the presence or concentration of a ny other
intoxicating substance therein, p erformed 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 administration of suc h independent
test and for the independent analysis 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 evidence bearing u pon the question of
whether such person wa s under 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 certified 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 Reporting System (FARS) analyst of the
state, upon request.
The results of the tests provided for in this title sha ll be
admissible in all civil actions, including administrative hearings
regarding driving privileges.
SECTION 5. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 25, 2025 - DO PASS