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OK HB1806

Bill

Status

Passed

4/21/2015

Primary Sponsor

Ron Justice

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Amends 47 O.S. 2011, Section 753 to require law enforcement to obtain a search warrant before conducting blood or breath tests on arrested persons who refuse testing, except when the officer has probable cause that the person caused death or serious injury while intoxicated.

  • Authorizes blood, breath, saliva, or urine testing without a search warrant when an arrested person refuses and the investigating officer has probable cause to believe the person caused death or serious physical injury to another person while intoxicated.

  • Requires the Commissioner of Public Safety to revoke the driver's license or deny driving privileges for a period specified in Section 6-205.1 upon receipt of a sworn report that the arrested person refused testing, with revocation effective 30 days after written notice.

  • Mandates immediate reinstatement of driving privileges if a search warrant was used to conduct testing despite refusal and the test results show no measurable quantity of alcohol or intoxicating substances.

  • Effective date: November 1, 2015.

Legislative Description

Driving under the influence; authorizing search warrant requests under certain circumstances; effective date.

Motor Vehicles and Transportation

Last Action

Approved by Governor 04/21/2015

4/21/2015

Committee Referrals

Judiciary3/5/2015
Judiciary and Civil Procedure2/3/2015

Full Bill Text

No bill text available