The bill amends Oklahoma law concerning driving under the influence (DUI) offenses, particularly focusing on bail conditions for individuals arrested for DUI. It establishes that individuals arrested for a second or subsequent DUI must be granted bail by a magistrate or judge, with the court required to consider evidence of the individual's dependency on alcohol or controlled substances when determining bail conditions. Additionally, the bill mandates that the court assess the threat posed to public safety by the individual and provide written findings regarding the bail amount. It also removes the requirement for drug and alcohol testing for drivers involved in accidents resulting in injury or death and makes the language gender-neutral.
Moreover, the bill requires individuals found guilty of DUI to undergo an alcohol and drug substance abuse evaluation and assessment by certified agencies, with the defendant responsible for reimbursing the agency for the evaluation costs. The results of the evaluation will assist in sentencing, and individuals must adhere to all recommendations, including treatment programs and potentially attending a victims impact panel. The bill also introduces provisions for blood withdrawal for testing alcohol or intoxicating substances under exigent circumstances without signed consent, while providing liability protections for medical personnel involved in the process. The bill is scheduled to take effect on November 1, 2025.
Statutes affected: Introduced: 47-752