1 STATE OF OKLAHOMA
1
2 1st Session of the 59th Legislature (2023)
2
3 SENATE BILL 1057 By: Rosino
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to driving under the influence;
7 amending 47 O.S. 2021, Section 6-205.1, as amended by
8 Section 1, Chapter 376, O.S.L. 2022 (47 O.S. Supp.
8 2022, Section 6-205.1), which relates to periods of
9 revocation of driving privileges; increasing
9 penalties; and providing an effective date.
10
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-205.1, as
14
15 amended by Section 1, Chapter 376, O.S.L. 2022 (47 O.S. Supp. 2022,
15
16 Section 6-205.1), is amended to read as follows:
16
17 Section 6-205.1. A. The driving privilege of a person who is
17
18 convicted of any offense as provided in paragraph 2 of subsection A
18
19 of Section 6-205 of this title, or a person who has refused to
19
20 submit to a test or tests as provided in Section 753 of this title,
20
21 or a person whose alcohol concentration is subject to the provisions
21
22 of Section 754 of this title shall be revoked or denied by the
22
23 Department of Public Safety for the following period, as applicable:
23
24
24
Req. No. 124 Page 1
 1 1. The first license revocation pursuant to paragraph 2 of
1
2 subsection A of Section 6-205 of this title or Section 753 or 754 of
2
3 this title, within ten (10) years preceding the date of arrest
3
4 relating thereto, shall be for a period of no less than one hundred
4
5 eighty (180) days (1) year and until the person completes the
5
6 Impaired Driver Accountability Program in accordance with the rules
6
7 of the Board of Tests for Alcohol and Drug Influence. The period of
7
8 revocation and the Impaired Driver Accountability Program shall run
8
9 concurrently and each shall be for no less than one hundred eighty
9
10 (180) days (1) year;
10
11 2. A revocation pursuant to paragraph 2 of subsection A of
11
12 Section 6-205 of this title or Section 753 or 754 of this title
12
13 shall be for a period of no less than one (1) year three (3) years
13
14 and until the person completes the Impaired Driver Accountability
14
15 Program in accordance with the rules of the Board of Tests for
15
16 Alcohol and Drug Influence, if within ten (10) years preceding the
16
17 date of arrest relating thereto, as shown by the records of the
17
18 Department:
18
19 a. a prior revocation commenced pursuant to paragraph 2
19
20 or 6 of subsection A of Section 6-205 of this title or
20
21 Section 753 or 754 of this title, or
21
22 b. the record of the person reflects a prior conviction
22
23 in another jurisdiction which did not result in a
23
24 revocation of Oklahoma driving privileges, for a
24
Req. No. 124 Page 2
 1 violation substantially similar to paragraph 2 of
1
2 subsection A of Section 6-205 of this title, and the
2
3 person was not a resident or a licensee of Oklahoma at
3
4 the time of the offense resulting in the conviction.
4
5 The period of revocation and the Impaired Driver Accountability
5
6 Program shall run concurrently and each shall be for no less than
6
7 one (1) year three (3) years;
7
8 3. A revocation pursuant to paragraph 2 of subsection A of
8
9 Section 6-205 of this title or Section 753 or 754 of this title
9
10 shall be for a period of no less than two (2) five (5) years and
10
11 until the person completes the Impaired Driver Accountability
11
12 Program in accordance with the rules of the Board of Tests for
12
13 Alcohol and Drug Influence, if within ten (10) years preceding the
13
14 date of arrest relating thereto, as shown by the records of the
14
15 Department:
15
16 a. two or more prior revocations commenced pursuant to
16
17 paragraph 2 or 6 of subsection A of Section 6-205 of
17
18 this title or Section 753 or 754 of this title,
18
19 b. two or more current enrollments in or previous
19
20 completions of the Impaired Driver Accountability
20
21 Program,
21
22 c. the record of the person reflects two or more prior
22
23 convictions in another jurisdiction which did not
23
24 result in a revocation of Oklahoma driving privileges,
24
Req. No. 124 Page 3
 1 for a violation substantially similar to paragraph 2
1
2 of subsection A of Section 6-205 of this title, and
2
3 the person was not a resident or a licensee of
3
4 Oklahoma at the time of the offense resulting in the
4
5 conviction, or
5
6 d. any combination of two or more prior revocations,
6
7 current enrollments in or previous completions of the
7
8 Impaired Driver Accountability Program, or convictions
8
9 as described in subparagraphs a, b and c of this
9
10 paragraph.
10
11 The period of revocation and the Impaired Driver Accountability
11
12 Program shall run concurrently and each shall be for no less than
12
13 two (2) five (5) years; or
13
14 4. The revocation of the driving privilege of any person under
14
15 Section 6-205, 6-205.1, 753, or 754 of this title shall not run
15
16 concurrently with any other revocation of driving privilege under
16
17 Section 6-205, 6-205.1, 753, or 754 of this title resulting from a
17
18 different incident.
18
19 B. The driving privilege of a person who is convicted of any
19
20 offense as provided in paragraph 3 or 6 of subsection A of Section
20
21 6-205 of this title shall be revoked or denied by the Department of
21
22 Public Safety for the following period, as applicable:
22
23 1. The first license revocation shall be for one hundred eighty
23
24 (180) days, which shall be modified upon request; provided, any
24
Req. No. 124 Page 4
 1 modification under this paragraph shall apply to Class D driver
1
2 licenses only;
2
3 2. A revocation shall be for a period of one (1) year if within
3
4 ten (10) years preceding the date of arrest relating thereto, as
4
5 shown by the records of the Department:
5
6 a. a prior revocation commenced pursuant to paragraph 2,
6
7 3 or 6 of subsection A of Section 6-205 of this title,
7
8 or Section 753 or 754 of this title,
8
9 b. a prior revocation commenced pursuant to paragraph 2,
9
10 3 or 6 of subsection A of Section 6-205 of this title
10
11 or Section 753 or 754 of this title, or current
11
12 enrollment in or previous completion of the Impaired
12
13 Driver Accountability Program, or
13
14 c. the record of the person reflects a prior conviction
14
15 in another jurisdiction which did not result in a
15
16 revocation of Oklahoma driving privileges, for a
16
17 violation substantially similar to paragraph 2, 3 or 6
17
18 of subsection A of Section 6-205 of this title, and
18
19 the person was not a resident or a licensee of
19
20 Oklahoma at the time of the offense resulting in the
20
21 conviction.
21
22 Such period shall not be modified; or
22
23
23
24
24
Req. No. 124 Page 5
 1 3. A revocation shall be for a period of three (3) years if
1
2 within ten (10) years preceding the date of arrest relating thereto,
2
3 as shown by the records of the Department:
3
4 a. two or more prior revocations commenced pursuant to
4
5 paragraph 2 or 6 of subsection A of Section 6-205 of
5
6 this title, or Section 753 or 754 of this title,
6
7 b. two or more prior revocations commenced pursuant to
7
8 paragraph 2 or 6 of subsection A of Section 6-205 of
8
9 this title or Section 753 or 754 of this title, or two
9
10 or more current enrollments in or previous completions
10
11 of the Impaired Driver Accountability Program,
11
12 c. the record of the person reflects two or more prior
12
13 convictions in another jurisdiction which did not
13
14 result in a revocation of Oklahoma driving privileges,
14
15 for a violation substantially similar to paragraph 2
15
16 or 6 of subsection A of Section 6-205 of this title,
16
17 and the person was not a resident or licensee of
17
18 Oklahoma at the time of the offense resulting in the
18
19 conviction, or
19
20 d. any combination of two or more prior revocations,
20
21 current enrollments in or previous completions of the
21
22 Impaired Driver Accountability Program, or convictions
22
23 as described in subparagraphs a and b or c of this
23
24 paragraph.
24
Req. No. 124 Page 6
 1 Such period shall not be modified.
1
2 The revocation of the driving privilege of any person under this
2
3 subsection shall not run concurrently with any other withdrawal of
3
4 driving privilege resulting from a different incident and which
4
5 requires the driving privilege to be withdrawn for a prescribed
5
6 amount of time. A denial based on a conviction of any offense as
6
7 provided in paragraph 6 of subsection A of Section 6-205 of this
7
8 title shall become effective on the first day the convicted person
8
9 is otherwise eligible to apply for and be granted driving privileges
9
10 if the person was not eligible to do so at the time of the
10
11 conviction.
11
12 C. For the purposes of this section:
12
13 1. The term “conviction” includes a juvenile delinquency
13
14 adjudication by a court or any notification from a court pursuant to
14
15 Section 6-107.1 of this title; and
15
16 2. The term “revocation” includes a denial of driving
16
17 privileges by the Department.
17
18 D. Each period of revocation in subsection A of this section
18
19 shall be mandatory and neither the Department nor any court shall
19
20 grant driving privileges based upon hardship or otherwise for the
20
21 duration of that period, except under the Impaired Driver
21
22 Accountability Program in accordance with the rules of the Board of
22
23 Tests for Alcohol and Drug Influence.
23
24
24
Req. No. 124 Page 7
 1 E. Any appeal of a revocation or denial of driving privileges
1
2 in subsection A of this section shall be governed by Section 6-211
2
3 of this title.
3
4 SECTION 2. This act shall become effective November 1, 2023.
4
5
5
6 59-1-124 BG 1/19/2023 1:10:32 PM
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 124 Page 8