Oklahoma Statutes Citationized — This Statute Will Go Into Effect On: 11/01/2017
Title 47. Motor Vehicles, Chapter 67 – Chemical Tests, Section 754 – Surrender or Seizure of License – Receipt as Temporary License – Revocation or Denial of Driving Privilege – Procedure to Release Controlled Substances for Analysis
- Any arrested person who is under twenty-one (21) years of age and has any measurable quantity of alcohol in the person’s blood or breath, or any person twenty-one (21) years of age or older whose alcohol concentration is eight-hundredths (0.08) or more as shown by a breath test administered according to the provisions of this title, or any arrested person who has refused to submit to a breath or blood test, shall immediately surrender his or her driver license, permit or other evidence of driving privilege to the arresting law enforcement officer. Except in cases where the arrested person submitted to a test of their blood, the officer shall seize any driver license, permit, or other evidence of driving privilege surrendered by or found on the arrested person during a search. The evidence of driving privilege seized by the officer shall be delivered to the Department of Public Safety. The Department shall destroy the evidence of driving privilege upon receipt thereof.
- If the evidence of driving privilege surrendered to or seized by the officer has not expired and otherwise appears valid, the officer shall issue to the arrested person a dated receipt for that driver license, permit, or other evidence of driving privilege on a form prescribed by the Department of Public Safety. This receipt shall be recognized as a temporary restricted driver license and shall authorize the arrested person to operate a motor vehicle for a period not to exceed forty-five (45) days. The evidence of driving privilege and a copy of the receipt form issued to the arrested person shall be attached to the sworn report of the officer and shall be submitted by mail or in person to the Department within seventy-two (72) hours of the issuance of the receipt. The failure of the officer to timely file this report shall not affect the authority of the Department to revoke the driving privilege of the arrested person.
- When any alleged controlled dangerous substance has been submitted to the laboratory of the OSBI for analysis, and the analysis shows that the submitted material is a controlled dangerous substance, the distribution of which constitutes a felony under the laws of this state, no portion of the substance shall be released to any other person or laboratory absent an order of a district court. The defendant shall additionally be required to submit to the court a procedure for transfer and analysis of the subject material to ensure the integrity of the sample and to prevent the material from being used in any illegal manner.
Oklahoma DUI – statute(s)
- 47 Okl.St.Ann. § 11-902.
Oklahoma DUI – standard
- “It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state . . . who: . . . [i]s under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle.” 47 Okl.St.Ann. § 11-902(A)(4).
Oklahoma DUI – applicable substances
- Any intoxicating substance other than alcohol.
Oklahoma DUI – affirmative defense
- “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 shall not constitute a defense against any charge of violating this section.” 47 Okl.St.Ann. § 11-902(B).
Oklahoma Per se – statute(s)
- 47 Okl.St.Ann. § 11-902.
Oklahoma Per se – standard
- “It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, . . . who: . . . [h]as any amount of a Schedule I chemical or controlled substance, as defined in [63 Okl.St. Ann. § 2-204 ] 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 . . . .” 47 Okl.St.Ann. § 11-902(A)(3).
Oklahoma Per se – applicable substances
- Schedule I controlled substance.
Oklahoma Per se – affirmative defense
- “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 shall not constitute a defense against any charge of violating this section.” 47 Okl.St.Ann. § 11-902(B).
Oklahoma Implied consent – applicable drivers
- Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings within Oklahoma. 47 Okl.St.Ann. § 751(A).
Oklahoma Implied consent – tests authorized
- Test or tests of the person’s blood, saliva or urine. 47 Okl.St.Ann. § 751(A).
Oklahoma Implied consent – basis for test
- Driver must be arrested for any offense arising out of acts alleged to have been committed while in violation of drugged driving laws or been involved in an accident that resulted in the “immediate death or serious injury” of any person. 47 Okl.St.Ann. § 751(A)(1).
- In addition, LEO must have “reasonable grounds to believe” that driver was operating vehicle in violation of drugged driving laws. 47 Okl.St.Ann. § 751(A)(2).
- In cases where LEO has probable cause to believe the arrested driver, while intoxicated, caused the death or serious physical injury of another person, the LEO can compel a chemical test as if he / she possessed a search warrant. 47 Okl.St.Ann. § 753(A).
- Any driver involved in accident resulting in “immediate death” or sever bodily injury “shall submit to drug and alcohol testing as soon as practicable” after the accident, if the driver “could be cited for any traffic offense.” 47 Okl.St.Ann. § 10-104.
