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An Act
ENROLLED SENATE
BILL NO. 921 By: Rosino of the Senate
and
Kannady of the House
An Act relating to the revocation of driver licenses;
amending 47 O.S. 2021, Section 6-212.5, as last
amended by Section 4, Chapter 265, O.S.L. 2024 (47
O.S. Supp. 2024, Section 6-212.5), which relates to
the Impaired Driver Accountability Program; requiring
submission of certain request and fee after receipt
of certain notice; updating statutory language;
amending 47 O.S. 2021, Section 753, as last amended
by Section 23, Chapter 310, O.S.L. 2023 (47 O.S.
Supp. 2024, Section 753), which relates to the
refusal to submit to test; modifying certain
requirement for revocation of driver license; and
declaring an emergency.
SUBJECT: Driver licenses
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-212.5, as
last amended by Section 4, Chapter 265, O.S.L. 2024 (47 O.S. Supp.
2024, Section 6-212.5), is amended to read as follows:
Section 6-212.5. A. The Impaired Driver Accountability Program
(IDAP) established by the Department of Public Safety is hereby
transferred to the Board of Tests for Alcohol and Drug Influence for
impaired driving arrests occurring on or after November 1, 2022.
The Board of Tests for Alcohol and Drug Influence shall charge an
ENR. S. B. NO. 921 Page 2
administrative fee of One Hundred Fifty Dollars ($150.00) to each
person entered into IDAP. One Hundred Dollars ($100.00) of each
administrative fee shall be deposited in the General Revenue Fund of
the State Treasury. Twenty-five Dollars ($25.00) of each
administrative fee shall be deposited in the Department of Public
Safety Restricted Revolving Fund. Twenty-five Dollars ($25.00) of
each administrative fee shall be deposited in the Board of Tests for
Alcohol and Drug Influence Revolving Fund. The Board of Tests for
Alcohol and Drug Influence shall promulgate rules necessary to
administer the program. The IDAP rules shall require, at a minimum:
1. Installation of an approved ignition interlock device for
the periods set forth in Section 6-205.1 of this title;
2. A description of ignition interlock violations;
3. A description of criteria to determine acceptable
participation in the program;
4. Required violation free violation-free periods of no less
than ninety (90) days at the end of each program to demonstrate
compliance by the participant;
5. Criteria for medical exemptions from ignition interlock
requirements for persons submitting a pulmonologist’s certification
indicating the person has a documented medical condition preventing
the person from providing a breath sample of at least one and two-
tenths (1.2) liters. Medical exemptions shall not be construed to
grant the person driving privileges during the revocation;
6. Criteria for granting employer exceptions to ignition
interlock requirements in vehicles owned or leased by the employer.
Employer exceptions under this paragraph shall not be construed to
relieve the person from completing the Impaired Driver
Accountability Program. Employer exceptions under this paragraph
are only authorized for revocations imposed in accordance with
paragraph 1 of subsection A of Section 6-205.1 of this title; and
7. Criteria for granting affordability accommodations to
persons on public assistance programs or whose family income is at
or below one hundred fifty percent (150%) of the federal poverty
level.
ENR. S. B. NO. 921 Page 3
B. Upon successful completion of the program, in accordance
with the rules of the Board of Tests for Alcohol and Drug Influence,
the person will be provided a completion certificate. Upon
presentation of the IDAP completion certificate and documentation
required by Section 6-212.2 of this title and payment of the
required statutory fees, Service Oklahoma will reinstate the driving
privileges of the person, if otherwise eligible.
C. The Board is authorized to promulgate rules necessary to
regulate ignition interlock devices and the providers of such
devices, which shall be subject to suspension or revocation in
accordance with the rules promulgated by the Board. The Board is
authorized to charge appropriate fees for operations incidental to
its required duties and responsibilities. No interlock provider
utilizing a lease, clause, or contractual agreement that authorizes
the provider to impound, physically immobilize, or seize a vehicle
for outstanding debts or arrears may be licensed by the Board.
D. The Board is authorized to prescribe uniform standards and
conditions for, and to approve satisfactory methods, procedures,
techniques, devices, equipment, and records for, ignition interlock
device performance and data.
E. The Board is authorized to prescribe and approve the
requisite education and training for the performance of ignition
interlock services. The Board shall establish standards and
ascertain the qualifications and competence of individuals who
provide ignition interlock services and to issue permits to such
individuals and service centers which shall be subject to suspension
or revocation in accordance with the rules promulgated by the Board.
F. The driving record of a person subject to revocation under
the provisions of Section 753 or 754 of this title contained in
paragraph 1 of subsection A of Section 6-205.1 of this title,
excluding those subject to revocation under the provisions of
paragraph 2 of subsection A of Section 6-205 of this title, who
enrolls in IDAP in accordance with this paragraph shall be updated
to indicate completion of IDAP without revocation, provided the
following requirements are satisfied:
ENR. S. B. NO. 921 Page 4
1. At the time of the arrest, the person was a holder of a
Class D driver license and was not driving or in actual physical
control of a commercial motor vehicle;
2. The Board of Tests for Alcohol and Drug Influence receives
the request for IDAP participation and payment of the program
administration fee as set forth in this section within thirty (30)
calendar days from the date of the arrest receipt of the revocation
notice from Service Oklahoma;
3. The person is otherwise eligible for driving privileges in
Oklahoma on the date he or she enrolls in IDAP;
4. The person provides proof of enrollment in IDAP to Service
Oklahoma and obtains a restricted driver license pursuant to Section
6-212.3 of this title prior to the revocation taking effect;
5. The person provides proof of completion of IDAP to Service
Oklahoma;
6. The person has complied with the reinstatement requirements
set forth in Section 6-212 of this title, including the payment of
any necessary fees;
7. The person provides proof of completion of the alcohol and
drug assessment and evaluation required by Section 6-212.2 of this
title; and
8. The person enrolling in IDAP in accordance to with the
provisions of this subsection shall waive the right to file an
appeal pursuant to Section 6-211 of this title regarding the arrest
related to the IDAP enrollment.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 753, as last
amended by Section 23, Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2024,
Section 753), is amended to read as follows:
Section 753. A. If a conscious person under arrest refuses to
submit to testing of his or her blood or breath for the purpose of
determining the alcohol concentration thereof, or to a test of his
or her blood, saliva or urine for the purpose of determining the
presence or concentration of any other intoxicating substance, or
ENR. S. B. NO. 921 Page 5
the combined influence of alcohol and any other intoxicating
substance, none shall be given except upon the issuance of a search
warrant or unless the investigating officer has probable cause to
believe that the person under arrest, while intoxicated, has
operated the motor vehicle in such a manner as to have caused the
death or serious physical injury of any other person or persons. In
such event, such test otherwise authorized by law may be made in the
same manner as if a search warrant had been issued for such test or
tests. The sample shall be taken in a medically acceptable manner
as authorized by Section 752 of this title. The Director of Service
Oklahoma, upon the receipt of a sworn report of the law enforcement
officer that 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 intoxicating substance, or the
combined influence of alcohol and any other intoxicating substance,
or and that the person had refused to submit to the test or tests,
shall revoke the license to drive and any nonresident operating
privilege for a period provided by Section 6-205.1 of this title.
If the person is a resident or nonresident without a license or
permit to operate a motor vehicle in this state, the Director of
Service Oklahoma shall deny to the person the issuance of a license
or permit for a period provided by Section 6-205.1 of this title
subject to a review as provided in Section 754 of this title. The
revocation or denial shall become effective forty-five (45) days
after the arrested person is given written notice thereof by the
officer or by Service Oklahoma as provided in Section 754 of this
title.
B. Service Oklahoma shall immediately reinstate the driving
privilege of the person if:
1. The arrested person was required to submit to the testing of
his or her blood or breath pursuant to the provisions of a search
warrant despite his or her refusal to submit to testing; and
2. Service Oklahoma receives a written blood or breath test
report that reflects the arrested person did not have any measurable
quantity of alcohol, or any other intoxicating substance, or the
combination of alcohol and any other intoxicating substance in the
blood or breath of the arrested person.
ENR. S. B. NO. 921 Page 6
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 921 Page 7
Passed the Senate the 20th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 7th day of May, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________