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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1914 By: Bullard
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; modifying element
of certain offense; stating certain timing
requirements for administration of tests do not
apply; modifying penalties for certain unlawful acts;
modifying criteria of certain punishment enhancement;
modifying scope of certain applicability; removing
the assessment of certain fee and deposit into
certain revolving fund; providing certain felony
classification for certain offenses; modifying
application of certain deferred judgment procedure;
modifying scope of allowable testimony; amending 47
O.S. 2021, Section 754, as last amended by Section
24, Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2025,
Section 754), which relates to seizure of license;
modifying allowable amount of blood or breath alcohol
concentration; removing certain timing requirement;
amending 47 O.S. 2021, Section 756, which relates to
admission of evidence by tests; modifying amounts of
blood alcohol concentration admissible as prima facie
evidence; amending 63 O.S. 2021, Sections 4210.8 and
4210.13, which relate to the Oklahoma Boating Safety
Regulation Act; modifying allowable blood or breath
alcohol concentration; removing certain timing
requirement; updating statutory language and
references; repealing 47 O.S. 2021, Section 11-902,
as amended by Section 3, Chapter 172, 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;
repealing 47 O.S. 2021, Section 11-902, as amended by
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Section 6, Chapter 305, 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; repealing 47 O.S.
2021, Section 11-902, as amended by Section 33,
Chapter 486, 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; 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 single-family or multi-family
multifamily dwellings, who:
1. Has
a. before June 1, 2028, 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, or
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b. on or after June 1, 2028, has a blood or breath
alcohol concentration, as defined in Section 756 of
this title, of five-hundredths (0.05) or more at the
time of a test of such person’s blood or breath;
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;
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 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.
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
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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:
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
Class C2 felony offense and shall participate in an assessment and
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evaluation pursuant to subsection H 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,
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 as provided for in
subsections B through F of Section 20M of Title 21 of
the Oklahoma Statutes, 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
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shall be guilty of a Class B4 felony offense and participate in an
assessment and evaluation pursuant to subsection H 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,
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
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Oklahoma Statutes shall be guilty of a Class B3 felony offense and
participate in an assessment and evaluation pursuant to subsection H
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, 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.
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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 Class A2 felony
offense 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 more than 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) prior to June 1,
2028. On or after June 1, 2028, 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 five-hundredths (0.05).
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.
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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;
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
subsection C of Section 11-301, or Section 11-302, 11-306, 11-309,
or 11-311, or 11-312 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 Class B3 felony offense.
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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:
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)
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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
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
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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.
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.
H. 1. 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.
2. 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.
3. 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.
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4. 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.
5. 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 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.
6. 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
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any person from voluntarily utilizing a treatment program or
substance abuse service offered by such person, agency, or facility.
7. 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.
8. 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.
9. 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.
10. 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
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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.
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
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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. 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 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. 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 of alcohol,
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other intoxicants, or the combination thereof, 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 intoxicating
substances based on the results of an examination by a person who
has completed the Advanced Roadside Impaired Driving Enforcement
(ARIDE) training; or
3. 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.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 754, as last
amended by Section 24, Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2025,
Section 754), is amended to read as follows:
Section 754. A. The sworn report of the officer stating the
officer had reasonable grounds to believe the arrested person had
been driving or was in actual physical control of a motor vehicle
upon the public roads, highways, streets, turnpikes, or other public
place of this state while under the influence of alcohol, any other
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intoxicating substance, or the combined influence of alcohol and any
other intoxicating substance, shall be submitted by mail, by
electronic means approved by Service Oklahoma, or in person to
Service Oklahoma within seventy-two (72) hours of the issuance of
the report. The failure of the officer to timely file this report
shall not affect the authority of Service Oklahoma to revoke the
driving privilege of the arrested person. However, Service Oklahoma
shall take no action on a sworn report as described in this section
if the sworn report is not received by Service Oklahoma after the
expiration of one hundred eighty (180) days of the arrest of the
person.
B. Upon receipt of a written blood or breath test report
reflecting that the arrested person, if under twenty-one (21) years
of age, had any measurable quantity of alcohol in the blood or
breath of the person, or, if the arrested person is twenty-one (21)
years of age or older, a blood or breath alcohol concentration of
eight-hundredths (0.08) five-hundredths (0.05) or more, accompanied
by a sworn report from a law enforcement officer that the officer
had reasonable grounds to believe the arrested person had been
operating or was in actual physical control of a motor vehicle while
under the influence of alcohol as prohibited by law, Service
Oklahoma shall revoke or deny the driving privilege of the arrested
person for a period as provided by Section 6-205.1 of this title,
unless the person has successfully completed or is currently
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participating in the Impaired Driver Accountability Program in
relation to the arrest which is the subject of the report.
Revocation or denial of the driving privilege of the arrested person
shall become effective forty-five (45) days after the arrested
person is given written notice thereof by the officer or by Service
Oklahoma.
C. The appeal hearing before the district court shall be
conducted in accordance with Section 6-211 of this title. The
hearing shall cover the issues of whether the officer had reasonable
grounds to believe the person had been operating or was in actual
physical control of a vehicle upon the public roads, highways,
streets, turnpikes, or other public place of this state while under
the influence of alcohol, any other intoxicating substance, or the
combined influence of alcohol and any other intoxicating substance
as prohibited by law, and whether the person was placed under
arrest.
1. If the revocation or denial is based upon a breath or blood
test result and a sworn report from a law enforcement officer, the
scope of the hearing shall also cover the issues as to whether:
a. if timely requested by the person, the person was not
denied a breath or blood test,
b. the specimen was obtained from the person within two
(2) hours of the arrest of the person,
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c. the person, if under twenty-one (21) years of age, was
advised that driving privileges would be revoked or
denied if the test result reflected the presence of
any measurable quantity of alcohol,
d.
c. the person, if twenty-one (21) years of age or older,
was advised that driving privileges would be revoked
or denied if the test result reflected an alcohol
concentration of eight-hundredths (0.08) five-
hundredths (0.05) or more, and
e.
d. the test result in fact reflects the alcohol
concentration.
2. If the revocation or denial is based upon the refusal of the
person to submit to a breath or blood test, reflected in a sworn
report by a law enforcement officer, the scope of the hearing shall
also include whether:
a. the person refused to submit to the test or tests, and
b. the person was informed that driving privileges would
be revoked or denied if the person refused to submit
to the test or tests.
D. After the hearing, the district court shall order the
revocation or denial either rescinded or sustained.
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SECTION 3. AMENDATORY 47 O.S. 2021, Section 756, is
amended to read as follows:
Section 756. A. Upon the trial of any criminal action or
proceeding arising out of acts alleged to have been committed by any
person while driving or in actual physical control of a motor
vehicle while under the influence of alcohol or any other
intoxicating substance, or the combined influence of alcohol and any
other intoxicating substance, evidence of the alcohol concentration
in the blood or breath of the person as shown by analysis of the
blood or breath of the person performed in accordance with the
provisions of Sections 752 and 759 of this title or evidence of the
presence or concentration of any other intoxicating substance as
shown by analysis of such person’s blood, breath, saliva, or urine
specimens in accordance with the provisions of Sections 752 and 759
of this title is admissible. Evidence that the person has refused
to submit to a test or tests is also admissible. For the purpose of
this title, when the person is under the age of twenty-one (21)
years, evidence that there was, at the time of the test, any
measurable quantity of alcohol is prima facie evidence that the
person is under the influence of alcohol in violation of Section 11-
906.4 of this title. For persons twenty-one years of age or older:
1. Evidence that there was, at the time of the test, an alcohol
concentration of less than five-hundredths (0.05) or less is prima
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facie evidence that the person was not under the influence of
alcohol; and
2. Evidence that there was, at the time of the test, an alcohol
concentration in excess of five-hundredths (0.05) but less than
eight-hundredths (0.08) is relevant evidence that the person’s
ability to operate a motor vehicle was impaired by alcohol.
However, no person shall be convicted of the offense of operating or
being in actual physical control of a motor vehicle while such
person’s ability to operate such vehicle was impaired by alcohol
solely because there was, at the time of the test, an alcohol
concentration in excess of five-hundredths (0.05) but less than
eight-hundredths (0.08) in the blood or breath of the person in the
absence of additional evidence that such person’s ability to operate
such vehicle was affected by alcohol to the extent that the public
health and safety was threatened or that the person had violated a
state statute or local ordinance in the operation of a motor
vehicle; and
3. Evidence that there was, at the time of the test, an alcohol
concentration of eight-hundredths (0.08) five-hundredths (0.05) or
more shall be admitted as prima facie evidence that the person was
under the influence of alcohol.
B. For purposes of this title, “alcohol concentration” means
grams of alcohol per one hundred (100) milliliters of blood if the
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blood was tested, or grams of alcohol per two hundred ten (210)
liters of breath if the breath was tested.
C. To be admissible in a proceeding, the evidence must first be
qualified by establishing that the test was administered to the
person within two (2) hours after the arrest of the person.
D. Upon the trial of any criminal action or proceeding arising
out of acts alleged to have been committed by any person while
driving or in actual physical control of a motor vehicle while under
the influence of alcohol, the following may be considered as
evidence that the test of the breath of the person was validly
administered in accordance with the rules of the Board of Tests for
Alcohol and Drug Influence:
1. A report, test result, or other documentation indicating the
test was performed by an operator holding a permit issued by the
Board of Tests for Alcohol and Drug Influence;
2. A report, test result, or other documentation indicating the
test was performed after the installation of a dry gas cylinder by
the Board of Tests for Alcohol and Drug Influence and before the
expiration date of the cylinder;
3. A report, test result, or other documentation reflecting the
results of two breath samples within 0.03g/210L of each other; or
4. A report, test result, or other documentation reflecting a
control test within 0.01g/210L of the target value of the control.
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E. D. Results of the test of a the breath or blood of the
person, if admissible, shall be admitted without reference to
measurement uncertainty.
F. E. 1. At any hearing, documents retained by the Board of
Tests of for Alcohol and Drug Influence to reflect maintenance on an
instrument maintained by the Board for the measurement of alcohol
concentration in a person’s breath, which have been made available
to the accused by the office of the district attorney at least ten
(10) days prior to the hearing, when certified as correct by the
persons making the report shall be received as evidence of the facts
and findings stated, if relevant and otherwise admissible in
evidence. If a report is deemed relevant by the state or the
accused, the court shall admit the report without the testimony of
the person making the report, unless the court, pursuant to
paragraph 2 of this subsection, orders the person making the report
to appear.
2. The court, upon motion of the state or the accused at least
five (5) days prior to the hearing, shall order the attendance of
the person making a report intended to be submitted as evidence,
pursuant to paragraph 1 of this subsection, when it appears there is
a substantial likelihood that material evidence not contained in
such report may be produced by the testimony of the person having
prepared the report.
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SECTION 4. AMENDATORY 63 O.S. 2021, Section 4210.8, is
amended to read as follows:
Section 4210.8. A. It shall be unlawful for any person to
operate or be in actual physical control of a vessel upon the waters
of this state, except privately owned waters, who:
1. Has a blood or breath alcohol concentration of eight-
hundredths (0.08) five-hundredths (0.05) or more at the time of a
test of the person’s blood or breath;
2. Is under the influence of any other intoxicating substance
to a degree which renders such person incapable of safely operating
a vessel upon the waters of this state; or
3. Is under the influence of alcohol and any other intoxicating
substance to a degree which renders such person incapable of safely
operating a vessel upon the waters of this state.
As used in this section, “other intoxicating substance” means
any controlled dangerous substance as defined in the Uniform
Controlled Dangerous Substances Act or any other substance, other
than alcohol, which is capable of being ingested, inhaled, injected,
or absorbed into the human body and is capable of adversely
affecting the central nervous system, vision, hearing, or other
sensory or motor functions.
B. 1. Any person operating a vessel upon the waters of this
state, except privately owned waters, shall be deemed to have given
consent to a test or tests of such person’s blood, breath, saliva,
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or urine for the purpose of determining the presence and
concentration of alcohol or any other intoxicating substance. Such
tests shall be performed within two (2) hours of an arrest and in
the same manner as provided for in Section 752 of Title 47 of the
Oklahoma Statutes.
2. Evidence that the person has refused to submit to a test or
tests as required by this section shall be admissible upon the trial
of any criminal action or proceeding arising out of acts alleged to
have been committed in violation of the provisions of this section.
3. Any person refusing to submit to such test or tests shall be
in violation of this section and subject to the fines provided for
herein.
C. 1. Any person convicted of a violation of this section
shall be guilty of a misdemeanor and fined in an amount not to
exceed One Thousand Dollars ($1,000.00). Any second or subsequent
conviction shall be punishable by a fine in an amount of not less
than One Thousand Dollars ($1,000.00), nor more than Two Thousand
Five Hundred Dollars ($2,500.00).
2. A person arrested by a law enforcement officer for a
violation of this section may be allowed to post a cash bail in an
amount set by the arresting law enforcement officer not to exceed
the maximum fine provided by this section, or deposit a valid
license to operate a motor vehicle in exchange for an official
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receipt issued by the arresting officer as provided for in Section
1111 et seq. of Title 22 of the Oklahoma Statutes.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 4210.13, is
amended to read as follows:
Section 4210.13. A. Upon the trial of any criminal action or
proceeding arising out of acts alleged to have been committed by any
person while operating or in actual physical control of a vessel
while under the influence of alcohol or any other intoxicating
substance, or the combined influence of alcohol and any other
intoxicating substance, evidence of the alcohol concentration in the
blood or breath of the person as shown by analysis of the blood or
breath of the person performed in accordance with the provisions of
Section 4 4210.10 of this act title and Section 759 of Title 47 of
the Oklahoma statutes Statutes or evidence of the presence or
concentration of any other intoxicating substance as shown by
analysis of such person’s blood, breath, saliva, or urine specimens
in accordance with the provisions of Section 4 4210.10 of this act
title and Section 759 of Title 47 of the Oklahoma Statutes shall be
admissible. Evidence that the person has refused to submit to
either of said such analyses is also admissible. For the purpose of
this section, when the person is under the age of twenty-one (21)
years, evidence that there was, at the time of the test, any
measurable quantity of alcohol is prima facie evidence that the
person was under the influence of alcohol in violation of Section 3
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4210.9 of this act title. For persons twenty-one (21) years of age
or older:
1. Evidence that there was, at the time of the test, an alcohol
concentration of seven-hundredths (0.07) or less than five-
hundredths (0.05) is prima facie evidence that the person was not
under the influence of alcohol; and
2. Evidence that there was, at the time of the test, an alcohol
concentration of eight-hundredths (0.08) five-hundredths (0.05) or
more shall be admitted as prima facie evidence that the person was
under the influence of alcohol.
B. For purposes of this section, “alcohol concentration” means
grams of alcohol per one hundred (100) milliliters of blood if the
blood was tested, or grams of alcohol per two hundred ten (210)
liters of breath if the breath was tested.
C. To be admissible in a proceeding, the evidence shall first
be qualified by establishing that the test was administered to the
person within two (2) hours after the arrest of the person.
SECTION 6. REPEALER 47 O.S. 2021, Section 11-902, as
amended by Section 3, Chapter 172, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 11-902), is hereby repealed.
SECTION 7. REPEALER 47 O.S. 2021, Section 11-902, as
amended by Section 6, Chapter 305, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 11-902), is hereby repealed.
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SECTION 8. REPEALER 47 O.S. 2021, Section 11-902, as
amended by Section 33, Chapter 486, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 11-902), is hereby repealed.
SECTION 9. This act shall become effective November 1, 2026.
60-2-2177 CN 1/15/2026 8:47:30 AM