1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 54 By: Weaver
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to motor vehicle safety; amending 47
7 O.S. 2021, Section 11-902, which relates to persons
8 under the influence of alcohol or other intoxicating
8 substance; modifying sentencing provisions for
9 certain violations; modifying scope of certain
9 offense; creating felony and misdemeanor offenses;
10 modifying scope of penalties for certain offense;
10 updating statutory language and references; and
11 providing an effective date.
11
12
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14
15 SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-902, is
15
16 amended to read as follows:
16
17 Section 11-902. A. It is unlawful and punishable as provided
17
18 for in this section for any person to drive, operate, or be in
18
19 actual physical control of a motor vehicle within this state,
19
20 whether upon public roads, highways, streets, turnpikes, other
20
21 public places or upon any private road, street, alley, or lane which
21
22 provides access to one or more single or multi-family dwellings,
22
23 who:
23
24
24
Req. No. 522 Page 1
 1 1. Has a blood or breath alcohol concentration, as defined in
1
2 Section 756 of this title, of eight-hundredths (0.08) or more at the
2
3 time of a test of such person’s blood or breath administered within
3
4 two (2) hours after the arrest of such person;
4
5 2. Is under the influence of alcohol;
5
6 3. Has any amount of a Schedule I chemical or controlled
6
7 substance, as defined in Section 2-204 of Title 63 of the Oklahoma
7
8 Statutes, or one of its metabolites or analogs in the person’s
8
9 blood, saliva, urine, or any other bodily fluid at the time of a
9
10 test of such person’s blood, saliva, urine, or any other bodily
10
11 fluid administered within two (2) hours after the arrest of such
11
12 person;
12
13 4. Is under the influence of any intoxicating substance other
13
14 than alcohol which may render such person incapable of safely
14
15 driving or operating a motor vehicle; or
15
16 5. Is under the combined influence of alcohol and any other
16
17 intoxicating substance which may render such person incapable of
17
18 safely driving or operating a motor vehicle.
18
19 B. The fact that any person charged with a violation of this
19
20 section is or has been lawfully entitled to use alcohol or a
20
21 controlled dangerous substance or any other intoxicating substance
21
22 shall not constitute a defense against any charge of violating this
22
23 section.
23
24
24
Req. No. 522 Page 2
 1 C. 1. Any person who is convicted of a violation of the
1
2 provisions of this section shall be guilty of a misdemeanor for the
2
3 first offense and shall:
3
4 a. participate in an assessment and evaluation pursuant
4
5 to subsection G H of this section and shall follow all
5
6 recommendations made in the assessment and evaluation,
6
7 b. be punished by imprisonment in jail for not less than
7
8 ten (10) days nor more than one (1) year, and
8
9 c. be fined not more than One Thousand Dollars
9
10 ($1,000.00).
10
11 2. Any person who, having been convicted of or having received
11
12 deferred judgment for a violation of this section or a violation
12
13 pursuant to the provisions of any law of this state or another state
13
14 prohibiting the offenses provided in this section, Section 11-904 of
14
15 this title, or paragraph 4 of subsection A of Section 852.1 of Title
15
16 21 of the Oklahoma Statutes, or having a prior conviction in a
16
17 municipal criminal court of record for the violation of a municipal
17
18 ordinance prohibiting the offense provided for in this section,
18
19 commits a subsequent violation of this section within ten (10) years
19
20 of the date following the completion of the execution of said such
20
21 sentence or deferred judgment shall, upon conviction, be guilty of a
21
22 felony and shall participate in an assessment and evaluation
22
23 pursuant to subsection G H of this section and shall be sentenced
23
24 to:
24
Req. No. 522 Page 3
 1 a. follow all recommendations made in the assessment and
1
2 evaluation for treatment at the defendant’s expense,
2
3 or
3
4 b. placement use of an ignition interlock device, as
4
5 provided by subparagraph n of paragraph 1 of
5
6 subsection A of Section 991a of Title 22 of the
6
7 Oklahoma Statutes, for a minimum of thirty (30) days,
7
8 c. imprisonment in the custody of the Department of
8
9 Corrections for not less than one (1) year and not to
9
10 exceed more than five (5) years, and
10
11 d. a fine of not more than Two Thousand Five Hundred
11
12 Dollars ($2,500.00), or
12
13 c. treatment, imprisonment, and a fine within the
13
14 limitations prescribed in subparagraphs a and b of
14
15 this paragraph.
15
16 However, if the treatment in subsection G H of this section does
16
17 not include residential or inpatient treatment for a period of not
17
18 less than five (5) days, the person shall serve a term of
18
19 imprisonment of at least five (5) days.
19
20 3. Any person who commits a violation of this section after
20
21 having been convicted of a felony offense pursuant to the provisions
21
22 of this section or a violation pursuant to the provisions of any law
22
23 of this state or another state prohibiting the offenses provided for
23
24 in this section, Section 11-904 of this title, or paragraph 4 of
24
Req. No. 522 Page 4
 1 subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
1
2 shall be guilty of a felony and participate in an assessment and
2
3 evaluation pursuant to subsection G H of this section and shall be
3
4 sentenced to:
4
5 a. follow all recommendations made in the assessment and
5
6 evaluation for treatment at the defendant’s expense,
6
7 b. two hundred forty (240) hours of community service,
7
8 and
8
9 c. use of an ignition interlock device, as provided by
9
10 subparagraph n of paragraph 1 of subsection A of
10
11 Section 991a of Title 22 of the Oklahoma Statutes, or
11
12 for a minimum of sixty (60) days,
12
13 b. placement
13
14 d. imprisonment in the custody of the Department of
14
15 Corrections for not less than one (1) year and not to
15
16 exceed more than ten (10) years, and
16
17 e. a fine of not more than Five Thousand Dollars
17
18 ($5,000.00), or
18
19 c. treatment, imprisonment and a fine within the
19
20 limitations prescribed in subparagraphs a and b of
20
21 this paragraph.
21
22 However, if the treatment in subsection G H of this section does
22
23 not include residential or inpatient treatment for a period of not
23
24
24
Req. No. 522 Page 5
 1 less than ten (10) days, the person shall serve a term of
1
2 imprisonment of at least ten (10) days.
2
3 4. Any person who commits a violation of this section after
3
4 having been twice convicted of a felony offense pursuant to the
4
5 provisions of this section or a violation pursuant to the provisions
5
6 of any law of this state or another state prohibiting the offenses
6
7 provided for in this section, Section 11-904 of this title, or
7
8 paragraph 4 of subsection A of Section 852.1 of Title 21 of the
8
9 Oklahoma Statutes shall be guilty of a felony and participate in an
9
10 assessment and evaluation pursuant to subsection G H of this section
10
11 and shall be sentenced to:
11
12 a. follow all recommendations made in the assessment and
12
13 evaluation for treatment at the defendant’s expense,
13
14 followed by not less than one (1) year of supervision
14
15 and periodic testing as provided in subparagraph q of
15
16 paragraph 1 of subsection A of Section 991a of Title
16
17 22 of the Oklahoma Statutes at the defendant’s
17
18 expense,
18
19 b. four hundred eighty (480) hours of community service,
19
20 and
20
21 c. use of an ignition interlock device, as provided by
21
22 subparagraph n of paragraph 1 of subsection A of
22
23 Section 991a of Title 22 of the Oklahoma Statutes, for
23
24 a minimum of thirty (30) ninety (90) days, or
24
Req. No. 522 Page 6
 1 b. placement
1
2 d. imprisonment in the custody of the Department of
2
3 Corrections for not less than one (1) year and not to
3
4 exceed more than twenty (20) years, and
4
5 e. a fine of not more than Five Thousand Dollars
5
6 ($5,000.00), or
6
7 c. treatment, imprisonment and a fine within the
7
8 limitations prescribed in subparagraphs a and b of
8
9 this paragraph.
9
10 However, if the person does not undergo residential or inpatient
10
11 treatment pursuant to subsection G H of this section the person
11
12 shall serve a term of imprisonment of at least ten (10) days.
12
13 5. Any person who, after a previous conviction of a violation
13
14 of murder in the second degree or manslaughter in the first degree
14
15 in which the death was caused as a result of driving under the
15
16 influence of alcohol or other intoxicating substance, is convicted
16
17 of a violation of this section shall be guilty of a felony and shall
17
18 be punished by imprisonment in the custody of the Department of
18
19 Corrections for not less than five (5) years and not to exceed
19
20 twenty (20) years, and a fine of not more than Ten Thousand Dollars
20
21 ($10,000.00).
21
22 6. Provided, however, a conviction from another state shall not
22
23 be used to enhance punishment pursuant to the provisions of this
23
24
24
Req. No. 522 Page 7
 1 subsection if that conviction is based on a blood or breath alcohol
1
2 concentration of less than eight-hundredths (0.08).
2
3 7. In any case in which a defendant is charged with driving
3
4 under the influence of alcohol or other intoxicating substance
4
5 offense within any municipality with a municipal court other than a
5
6 court of record, the charge shall be presented to the county’s
6
7 district attorney and filed with the district court of the county
7
8 within which the municipality is located.
8
9 D. Any person who is convicted of a violation of driving under
9
10 the influence with a blood or breath alcohol concentration of
10
11 fifteen-hundredths (0.15) or more pursuant to this section at the
11
12 time of a test of such person’s blood or breath administered within
12
13 two (2) hours after the arrest of such person and one or more of the
13
14 following violations apply:
14
15 1. A motor vehicle incident involving one or more vehicles
15
16 resulting in a report pursuant to Section 40-102 of this title;
16
17 2. Driving the wrong way pursuant to Section 11-301, 11-302,
17
18 11-306, 11-309, or 11-311 of this title;
18
19 3. Driving while eluding law enforcement pursuant to Section
19
20 540a of Title 21 of the Oklahoma Statutes;
20
21 4. Driving with speed in excess of twenty (20) miles per hour
21
22 over the speed limit or ten (10) miles per hour over the speed limit
22
23 within an active school zone;
23
24
24
Req. No. 522 Page 8
 1 5. Operating a motor vehicle with a passenger younger than
1
2 eighteen (18) years of age; or
2
3 6. Reckless driving as defined in Section 11-901 of this title,
3
4 shall be deemed guilty of aggravated driving under the influence.
4
5 Any person convicted of a violation pursuant to this subsection
5
6 shall be guilty of a felony. If a person is convicted of a first
6
7 offense predicated solely on a blood or breath alcohol concentration
7
8 of fifteen-hundredths (0.15) or more, such person shall be guilty of
8
9 a misdemeanor.
9
10 E. A person convicted of aggravated driving under the influence
10
11 shall participate in an assessment and evaluation pursuant to
11
12 subsection G H of this section and shall comply with all
12
13 recommendations for treatment. Such person shall be sentenced as
13
14 provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this
14
15 section and to:
15
16 1. Imprisonment in the custody of the Department of Corrections
16
17 as provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this
17
18 section, provided that:
18
19 a. for a first offense of a violation pursuant to this
19
20 section, the first ten (10) days of the sentence shall
20
21 not be subject to probation, suspension, or deferral
21
22 and may be served by night or weekend incarceration
22
23 pursuant to Section 991a of Title 22 of the Oklahoma
23
24 Statutes,
24
Req. No. 522 Page 9
 1 b. for a second offense of a violation pursuant to this
1
2 section, the first thirty (30) days of the sentence
2
3 shall not be subject to probation, suspension, or
3
4 deferral; provided further, this mandatory minimum
4
5 period of confinement shall be served in the county
5
6 jail as a condition of a suspended or deferred
6
7 sentence, pursuant to Section 991a of Title 22 of the
7
8 Oklahoma Statutes, and
8
9 c. the portion of the sentence not subject to probation,
9
10 suspension, or deferral shall increase by thirty (30)
10
11 days for each subsequent conviction after the second
11
12 offense;
12
13 2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection
13
14 C of this section;
14
15 3. Not less than one (1) year of supervision and periodic
15
16 testing as provided in subparagraph q of paragraph 1 of subsection A
16
17 of Section 991a of Title 22 of the Oklahoma Statutes at the
17
18 defendant’s expense; and
18
19 2. 4. An ignition interlock device or devices, as provided by
19
20 subparagraph n of paragraph 1 of subsection A of Section 991a of
20
21 Title 22 of the Oklahoma Statutes, for a minimum of ninety (90) one
21
22 hundred eighty (180) days.
22
23 E. F. When a person is sentenced to imprisonment in the custody
23
24 of the Department of Corrections, the person shall be processed
24
Req. No. 522 Page 10
 1 through the Lexington Assessment and Reception Center or at a place
1
2 determined by the Director of the Department of Corrections. The
2
3 Department of Corrections shall classify and assign the person to
3
4 one or more of the following:
4
5 1. The Department of Mental Health and Substance Abuse Services
5
6 pursuant to paragraph 1 of subsection A of Section 612 of Title 57
6
7 of the Oklahoma Statutes; or
7
8 2. A correctional facility operated by the Department of
8
9 Corrections with assignment to substance abuse treatment.
9
10 Suc