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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3018 By: Fugate
AS INTRODUCED
An Act relating to driving under the influence;
amending 47 O.S. 2021, Section 11-902, as amended by
Section 1, Chapter 347, O.S.L. 2025 (47 O.S. Supp.
2025, Section 11-902), which relates to persons under
the influence of alcohol or other intoxicating
substance or combination thereof; making certain
exception for marijuana, marijuana derivatives, and
synthetic cannabinoids; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-902, as
amended by Section 1, Chapter 347, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 11-902), is amended to read as follows:
Section 11-902. A. It is unlawful and punishable as provided
for in this section for any person to drive, operate, or be in
actual physical control of a motor vehicle within this state,
whether upon public roads, highways, streets, turnpikes, other
public places or upon any private road, street, alley, or lane which
provides access to one or more single or multi-family dwellings,
who:
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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;
2. Is under the influence of alcohol;
3. Has With the exception of marijuana, marijuana derivative,
or synthetic cannabinoid, 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;
4. Is under the influence of any intoxicating substance other
than alcohol which may render such person incapable of safely
driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other
intoxicating substance which may render such person incapable of
safely driving or operating 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 this
section.
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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 H of this section and shall follow all
recommendations made in the assessment and evaluation,
b. be punished by imprisonment in jail for not less than
ten (10) days nor more than one (1) year, and
c. be fined not more than One Thousand Dollars
($1,000.00).
2. Any person who, having been convicted of or having received
deferred judgment for a violation of this section or a violation
pursuant to the provisions of any law of this state or 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 Title
21 of the Oklahoma Statutes, or having a prior conviction in a
municipal criminal court of record for the violation of a municipal
ordinance prohibiting the offense provided for in this section,
commits a subsequent violation of this section within ten (10) years
of the date following the completion of the execution of such
sentence or deferred judgment shall, upon conviction, be guilty of a
felony and shall participate in an assessment and evaluation
pursuant to subsection H of this section and shall be sentenced to:
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a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
b. 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,
c. imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not
more than five (5) years, and
d. a fine not more than Two Thousand Five Hundred Dollars
($2,500.00).
However, if the treatment in subsection H 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
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 H of this section and shall be
sentenced to:
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a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
b. two hundred forty (240) hours of community service,
c. 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,
d. imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not
more than ten (10) years, and
e. a fine not more than Five Thousand Dollars
($5,000.00).
However, if the treatment in subsection H 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 pursuant to subsection H of this section
and shall be sentenced to:
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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, as provided in subparagraph q of
paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, at the defendant's
expense,
b. four hundred eighty (480) hours of community service,
c. 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 ninety (90) days,
d. imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not
more than twenty (20) years, and
e. a fine not more than Five Thousand Dollars
($5,000.00).
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection H 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
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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 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 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 presented to the county's
district attorney and filed 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 while also committing one of more of the following
acts:
1. Driving, operating, or being in actual physical control of a
motor vehicle while having a blood or breath alcohol concentration
of fifteen-hundredths (0.15) or more at the time of a test of such
person's blood or breath;
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2. Causing a motor vehicle incident involving one or more
vehicles that results in a report pursuant to Section 40-102 of this
title;
3. Driving in a manner that violates the provisions of Section
11-301, 11-302, 11-306, 11-309, or 11-311 of this title;
4. Driving while eluding peace officers pursuant to Section
540a of Title 21 of the Oklahoma Statutes;
5. Driving with a speed in excess of twenty (20) miles per hour
over the speed limit or ten (10) miles per hour over the speed limit
within an active school zone;
6. Operating a motor vehicle with a passenger younger than
eighteen (18) years of age; or
7. Reckless driving as defined in Section 11-901 of this title,
shall, upon conviction, be guilty of aggravated driving under the
influence, which shall be a felony offense.
E. A person convicted of aggravated driving under the influence
shall participate in an assessment and evaluation pursuant to
subsection H 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. Imprisonment as provided in paragraph 1, 2, 3, 4, or 5 of
subsection C of this section, provided that:
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a. for a first offense of a violation pursuant to this
section, the first ten (10) days of the sentence shall
not be subject to probation, suspension, or deferral
and may be served by night or weekend incarceration
pursuant to Section 991a of Title 22 of the Oklahoma
Statutes,
b. for a second offense of a violation pursuant to this
section, the first thirty (30) days of the sentence
shall not be subject to probation, suspension, or
deferral; provided further, this mandatory minimum
period of confinement shall be served in the county
jail as a condition of a suspended or deferred
sentence, pursuant to Section 991a of Title 22 of the
Oklahoma Statutes, and
c. the portion of the sentence not subject to probation,
suspension, or deferral shall increase by thirty (30)
days for each subsequent conviction after the second
offense;
2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection
C of this section;
3. Not less than one (1) year of supervision and periodic
testing, as provided in subparagraph q of paragraph 1 of subsection
A of Section 991a of Title 22 of the Oklahoma Statutes, at the
defendant's expense; and
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4. 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 one hundred
eighty (180) days.
F. 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 facility 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.
G. Service Oklahoma is hereby authorized to reinstate any
suspended or revoked driving privilege when the person meets the
statutory requirements which affect the existing driving privilege.
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H. 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 recommendations
made in the assessment and evaluation for treatment. The court
shall order the person to reimburse the agency or assessor for the
evaluation and assessment. Payment shall be remitted by the
defendant or on behalf 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 certified 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 from the evaluation, such as an alcohol
and substance abuse treatment program pursuant to Section 3-452 of
Title 43A of the Oklahoma Statutes. If such report indicates that
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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 by 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 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
substance abuse service offered by such person, agency, or facility.
If a person is sentenced to imprisonment in the custody of the
Department of Corrections and the court has 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
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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 the court to
obtain the evaluation and assessment, Service Oklahoma shall not
reinstate driving privileges until the defendant has complied in
full with such order. Nothing contained in this subsection shall be
construed to prohibit the court from ordering judgment and sentence
and any other sanction authorized by law for failure or refusal to
comply with an order of the court.
I. 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 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 defendant has the ability to pay such fee.
J. Any person who is found guilty of a felony violation of the
provisions of this section shall be required to submit to electronic
monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.
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K. 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.
L. When a person is found guilty of a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay an assessment of One Hundred
Dollars ($100.00) 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.
M. 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 driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the 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.
N. Any plea of guilty, nolo contendere, or finding of guilt for
a violation of this section or a violation pursuant to the
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provisions of any law of this state or another state prohibiting the
offenses provided for in this section, Section 11-904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall constitute a conviction of the offense 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.
O. 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)
test administered by a person who has completed training in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and the category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimony may be
relevant.
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SECTION 2. This act shall become effective November 1, 2026.
60-2-15774 JBH 12/29/25