1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3018 By: Fugate | | | 4| | | | 5| | | AS INTRODUCED | 6| | | An Act relating to driving under the influence; | 7| amending 47 O.S. 2021, Section 11-902, as amended by | | Section 1, Chapter 347, O.S.L. 2025 (47 O.S. Supp. | 8| 2025, Section 11-902), which relates to persons under | | the influence of alcohol or other intoxicating | 9| substance or combination thereof; making certain | | exception for marijuana, marijuana derivatives, and | 10| synthetic cannabinoids; and providing an effective | | date. | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-902, as | | | 15|amended by Section 1, Chapter 347, O.S.L. 2025 (47 O.S. Supp. 2025, | | | 16|Section 11-902), is amended to read as follows: | | | 17| Section 11-902. A. It is unlawful and punishable as provided | | | 18|for in this section for any person to drive, operate, or be in | | | 19|actual physical control of a motor vehicle within this state, | | | 20|whether upon public roads, highways, streets, turnpikes, other | | | 21|public places or upon any private road, street, alley, or lane which | | | 22|provides access to one or more single or multi-family dwellings, | | | 23|who: | | | 24| | | | Req. No. 15774 Page 1 ___________________________________________________________________________
1| 1. Has a blood or breath alcohol concentration, as defined in | | | 2|Section 756 of this title, of eight-hundredths (0.08) or more at the | | | 3|time of a test of such person's blood or breath; | | | 4| 2. Is under the influence of alcohol; | | | 5| 3.HasWith the exception of marijuana, marijuana derivative, | | | 6|or synthetic cannabinoid, has any amount of a Schedule I chemical or | | | 7|controlled substance, as defined in Section 2-204 of Title 63 of the | | | 8|Oklahoma Statutes, or one of its metabolites or analogs in the | | | 9|person's blood, saliva, urine, or any other bodily fluid at the time | | | 10|of a test of such person's blood, saliva, urine, or any other bodily | | | 11|fluid; | | | 12| 4. Is under the influence of any intoxicating substance other | | | 13|than alcohol which may render such person incapable of safely | | | 14|driving or operating a motor vehicle; or | | | 15| 5. Is under the combined influence of alcohol and any other | | | 16|intoxicating substance which may render such person incapable of | | | 17|safely driving or operating a motor vehicle. | | | 18| B. The fact that any person charged with a violation of this | | | 19|section is or has been lawfully entitled to use alcohol or a | | | 20|controlled dangerous substance or any other intoxicating substance | | | 21|shall not constitute a defense against any charge of violating this | | | 22|section. | | | 23| | | | 24| | | | Req. No. 15774 Page 2 ___________________________________________________________________________
1| C. 1. Any person who is convicted of a violation of the | | | 2|provisions of this section shall be guilty of a misdemeanor for the | | | 3|first offense and shall: | | | 4| a. participate in an assessment and evaluation pursuant | | | 5| to subsection H of this section and shall follow all | | | 6| recommendations made in the assessment and evaluation, | | | 7| b. be punished by imprisonment in jail for not less than | | | 8| ten (10) days nor more than one (1) year, and | | | 9| c. be fined not more than One Thousand Dollars | | | 10| ($1,000.00). | | | 11| 2. Any person who, having been convicted of or having received | | | 12|deferred judgment for a violation of this section or a violation | | | 13|pursuant to the provisions of any law of this state or another state | | | 14|prohibiting the offenses provided in this section, Section 11-904 of | | | 15|this title, or paragraph 4 of subsection A of Section 852.1 of Title | | | 16|21 of the Oklahoma Statutes, or having a prior conviction in a | | | 17|municipal criminal court of record for the violation of a municipal | | | 18|ordinance prohibiting the offense provided for in this section, | | | 19|commits a subsequent violation of this section within ten (10) years | | | 20|of the date following the completion of the execution of such | | | 21|sentence or deferred judgment shall, upon conviction, be guilty of a | | | 22|felony and shall participate in an assessment and evaluation | | | 23|pursuant to subsection H of this section and shall be sentenced to: | | | 24| | | | Req. No. 15774 Page 3 ___________________________________________________________________________
1| a. follow all recommendations made in the assessment and | | | 2| evaluation for treatment at the defendant's expense, | | | 3| b. use of an ignition interlock device, as provided by | | | 4| subparagraph n of paragraph 1 of subsection A of | | | 5| Section 991a of Title 22 of the Oklahoma Statutes, | | | 6| c. imprisonment in the custody of the Department of | | | 7| Corrections for not less than one (1) year and not | | | 8| more than five (5) years, and | | | 9| d. a fine not more than Two Thousand Five Hundred Dollars | | | 10| ($2,500.00). | | | 11| However, if the treatment in subsection H of this section does | | | 12|not include residential or inpatient treatment for a period of not | | | 13|less than five (5) days, the person shall serve a term of | | | 14|imprisonment of at least five (5) days. | | | 15| 3. Any person who commits a violation of this section after | | | 16|having been convicted of a felony offense pursuant to the provisions | | | 17|of this section or a violation pursuant to the provisions of any law | | | 18|of this state or another state prohibiting the offenses provided for | | | 19|in this section, Section 11-904 of this title, or paragraph 4 of | | | 20|subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes | | | 21|shall be guilty of a felony and participate in an assessment and | | | 22|evaluation pursuant to subsection H of this section and shall be | | | 23|sentenced to: | | | 24| | | | Req. No. 15774 Page 4 ___________________________________________________________________________
1| a. follow all recommendations made in the assessment and | | | 2| evaluation for treatment at the defendant's expense, | | | 3| b. two hundred forty (240) hours of community service, | | | 4| c. use of an ignition interlock device, as provided by | | | 5| subparagraph n of paragraph 1 of subsection A of | | | 6| Section 991a of Title 22 of the Oklahoma Statutes, | | | 7| d. imprisonment in the custody of the Department of | | | 8| Corrections for not less than one (1) year and not | | | 9| more than ten (10) years, and | | | 10| e. a fine not more than Five Thousand Dollars | | | 11| ($5,000.00). | | | 12| However, if the treatment in subsection H of this section does | | | 13|not include residential or inpatient treatment for a period of not | | | 14|less than ten (10) days, the person shall serve a term of | | | 15|imprisonment of at least ten (10) days. | | | 16| 4. Any person who commits a violation of this section after | | | 17|having been twice convicted of a felony offense pursuant to the | | | 18|provisions of this section or a violation pursuant to the provisions | | | 19|of any law of this state or another state prohibiting the offenses | | | 20|provided for in this section, Section 11-904 of this title, or | | | 21|paragraph 4 of subsection A of Section 852.1 of Title 21 of the | | | 22|Oklahoma Statutes shall be guilty of a felony and participate in an | | | 23|assessment and evaluation pursuant to subsection H of this section | | | 24|and shall be sentenced to: | | | Req. No. 15774 Page 5 ___________________________________________________________________________
1| a. follow all recommendations made in the assessment and | | | 2| evaluation for treatment at the defendant's expense, | | | 3| followed by not less than one (1) year of supervision | | | 4| and periodic testing, as provided in subparagraph q of | | | 5| paragraph 1 of subsection A of Section 991a of Title | | | 6| 22 of the Oklahoma Statutes, at the defendant's | | | 7| expense, | | | 8| b. four hundred eighty (480) hours of community service, | | | 9| c. use of an ignition interlock device, as provided by | | | 10| subparagraph n of paragraph 1 of subsection A of | | | 11| Section 991a of Title 22 of the Oklahoma Statutes, for | | | 12| a minimum of ninety (90) days, | | | 13| d. imprisonment in the custody of the Department of | | | 14| Corrections for not less than one (1) year and not | | | 15| more than twenty (20) years, and | | | 16| e. a fine not more than Five Thousand Dollars | | | 17| ($5,000.00). | | | 18| However, if the person does not undergo residential or inpatient | | | 19|treatment pursuant to subsection H of this section, the person shall | | | 20|serve a term of imprisonment of at least ten (10) days. | | | 21| 5. Any person who, after a previous conviction of a violation | | | 22|of murder in the second degree or manslaughter in the first degree | | | 23|in which the death was caused as a result of driving under the | | | 24|influence of alcohol or other intoxicating substance, is convicted | | | Req. No. 15774 Page 6 ___________________________________________________________________________
1|of a violation of this section shall be guilty of a felony and shall | | | 2|be punished by imprisonment in the custody of the Department of | | | 3|Corrections for not less than five (5) years and not to exceed | | | 4|twenty (20) years, and a fine not more than Ten Thousand Dollars | | | 5|($10,000.00). | | | 6| 6. Provided, however, a conviction from another state shall not | | | 7|be used to enhance punishment pursuant to the provisions of this | | | 8|subsection if that conviction is based on a blood or breath alcohol | | | 9|concentration of less than eight-hundredths (0.08). | | | 10| 7. In any case in which a defendant is charged with driving | | | 11|under the influence of alcohol or other intoxicating substance | | | 12|offense within any municipality with a municipal court other than a | | | 13|court of record, the charge shall be presented to the county's | | | 14|district attorney and filed with the district court of the county | | | 15|within which the municipality is located. | | | 16| D. Any person who is convicted of a violation of driving under | | | 17|the influence while also committing one of more of the following | | | 18|acts: | | | 19| 1. Driving, operating, or being in actual physical control of a | | | 20|motor vehicle while having a blood or breath alcohol concentration | | | 21|of fifteen-hundredths (0.15) or more at the time of a test of such | | | 22|person's blood or breath; | | | 23| | | | 24| | | | Req. No. 15774 Page 7 ___________________________________________________________________________
1| 2. Causing a motor vehicle incident involving one or more | | | 2|vehicles that results in a report pursuant to Section 40-102 of this | | | 3|title; | | | 4| 3. Driving in a manner that violates the provisions of Section | | | 5|11-301, 11-302, 11-306, 11-309, or 11-311 of this title; | | | 6| 4. Driving while eluding peace officers pursuant to Section | | | 7|540a of Title 21 of the Oklahoma Statutes; | | | 8| 5. Driving with a speed in excess of twenty (20) miles per hour | | | 9|over the speed limit or ten (10) miles per hour over the speed limit | | | 10|within an active school zone; | | | 11| 6. Operating a motor vehicle with a passenger younger than | | | 12|eighteen (18) years of age; or | | | 13| 7. Reckless driving as defined in Section 11-901 of this title, | | | 14|shall, upon conviction, be guilty of aggravated driving under the | | | 15|influence, which shall be a felony offense. | | | 16| E. A person convicted of aggravated driving under the influence | | | 17|shall participate in an assessment and evaluation pursuant to | | | 18|subsection H of this section and shall comply with all | | | 19|recommendations for treatment. Such person shall be sentenced as | | | 20|provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this | | | 21|section and to: | | | 22| 1. Imprisonment as provided in paragraph 1, 2, 3, 4, or 5 of | | | 23|subsection C of this section, provided that: | | | 24| | | | Req. No. 15774 Page 8 ___________________________________________________________________________
1| a. for a first offense of a violation pursuant to this | | | 2| section, the first ten (10) days of the sentence shall | | | 3| not be subject to probation, suspension, or deferral | | | 4| and may be served by night or weekend incarceration | | | 5| pursuant to Section 991a of Title 22 of the Oklahoma | | | 6| Statutes, | | | 7| b. for a second offense of a violation pursuant to this | | | 8| section, the first thirty (30) days of the sentence | | | 9| shall not be subject to probation, suspension, or | | | 10| deferral; provided further, this mandatory minimum | | | 11| period of confinement shall be served in the county | | | 12| jail as a condition of a suspended or deferred | | | 13| sentence, pursuant to Section 991a of Title 22 of the | | | 14| Oklahoma Statutes, and | | | 15| c. the portion of the sentence not subject to probation, | | | 16| suspension, or deferral shall increase by thirty (30) | | | 17| days for each subsequent conviction after the second | | | 18| offense; | | | 19| 2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection | | | 20|C of this section; | | | 21| 3. Not less than one (1) year of supervision and periodic | | | 22|testing, as provided in subparagraph q of paragraph 1 of subsection | | | 23|A of Section 991a of Title 22 of the Oklahoma Statutes, at the | | | 24|defendant's expense; and | | | Req. No. 15774 Page 9 ___________________________________________________________________________
1| 4. An ignition interlock device or devices, as provided by | | | 2|subparagraph n of paragraph 1 of subsection A of Section 991a of | | | 3|Title 22 of the Oklahoma Statutes, for a minimum of one hundred | | | 4|eighty (180) days. | | | 5| F. When a person is sentenced to imprisonment in the custody of | | | 6|the Department of Corrections, the person shall be processed through | | | 7|the Lexington Assessment and Reception Center or at a place | | | 8|determined by the Director of the Department of Corrections. The | | | 9|Department of Corrections shall classify and assign the person to | | | 10|one or more of the following: | | | 11| 1. The Department of Mental Health and Substance Abuse Services | | | 12|pursuant to paragraph 1 of subsection A of Section 612 of Title 57 | | | 13|of the Oklahoma Statutes; or | | | 14| 2. A correctional facility operated by the Department of | | | 15|Corrections with assignment to substance abuse treatment. | | | 16|Successful completion of a Department-of-Corrections-approved | | | 17|substance abuse treatment program shall satisfy the recommendation | | | 18|for a ten-hour or twenty-four-hour alcohol and drug substance abuse | | | 19|course or treatment program or both. Successful completion of an | | | 20|approved Department of Corrections substance abuse treatment program | | | 21|may precede or follow the required assessment. | | | 22| G. Service Oklahoma is hereby authorized to reinstate any | | | 23|suspended or revoked driving privilege when the person meets the | | | 24|statutory requirements which affect the existing driving privilege. | | | Req. No. 15774 Page 10 ___________________________________________________________________________
1| H. Any person who is found guilty of a violation of the | | | 2|provisions of this section shall be ordered to participate in an | | | 3|alcohol and drug substance abuse evaluation and assessment program | | | 4|offered by a certified assessment agency or certified assessor for | | | 5|the purpose of evaluating and assessing the receptivity to treatment | | | 6|and prognosis of the person and shall follow all recommendations | | | 7|made in the assessment and evaluation for treatment. The court | | | 8|shall order the person to reimburse the agency or assessor for the | | | 9|evaluation and assessment. Payment shall be remitted by the | | | 10|defendant or on behalf of the defendant by any third party, provided | | | 11|no state-appropriated funds are utilized. The fee for an evaluation | | | 12|and assessment shall be the amount provided in subsection C of | | | 13|Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation | | | 14|and assessment shall be conducted at a certified assessment agency, | | | 15|the office of a certified assessor, or at another location as | | | 16|ordered by the court. The agency or assessor shall, within | | | 17|seventy-two (72) hours from the time the person is evaluated and | | | 18|assessed, submit a written report to the court for the purpose of | | | 19|assisting the court in its sentencing determination. The court | | | 20|shall, as a condition of any sentence imposed, including deferred | | | 21|and suspended sentences, require the person to participate in and | | | 22|successfully complete all recommendations from the evaluation, such | | | 23|as an alcohol and substance abuse treatment program pursuant to | | | 24|Section 3-452 of Title 43A of the Oklahoma Statutes. If such report | | | Req. No. 15774 Page 11 ___________________________________________________________________________
1|indicates that the evaluation and assessment shows that the | | | 2|defendant would benefit from a ten-hour or twenty-four-hour alcohol | | | 3|and drug substance abuse course or a treatment program or both, the | | | 4|court shall, as a condition of any sentence imposed, including | | | 5|deferred and suspended sentences, require the person to follow all | | | 6|recommendations identified by the evaluation and assessment and | | | 7|ordered by the court. No person, agency, or facility operating an | | | 8|evaluation and assessment program certified by the Department of | | | 9|Mental Health and Substance Abuse Services shall solicit or refer | | | 10|any person evaluated and assessed pursuant to this section for any | | | 11|treatment program or substance abuse service in which such person, | | | 12|agency, or facility has a vested interest; however, this provision | | | 13|shall not be construed to prohibit the court from ordering | | | 14|participation in or any person from voluntarily utilizing a | | | 15|treatment program or substance abuse service offered by such person, | | | 16|agency, or facility. If a person is sentenced to imprisonment in | | | 17|the custody of the Department of Corrections and the court has | | | 18|received a written evaluation report pursuant to the provisions of | | | 19|this subsection, the report shall be furnished to the Department of | | | 20|Corrections with the judgment and sentence. Any evaluation and | | | 21|assessment report submitted to the court pursuant to the provisions | | | 22|of this subsection shall be handled in a manner which will keep such | | | 23|report confidential from the general public's review. Nothing | | | 24|contained in this subsection shall be construed to prohibit the | | | Req. No. 15774 Page 12 ___________________________________________________________________________
1|court from ordering judgment and sentence in the event the defendant | | | 2|fails or refuses to comply with an order of the court to obtain the | | | 3|evaluation and assessment required by this subsection. If the | | | 4|defendant fails or refuses to comply with an order of the court to | | | 5|obtain the evaluation and assessment, Service Oklahoma shall not | | | 6|reinstate driving privileges until the defendant has complied in | | | 7|full with such order. Nothing contained in this subsection shall be | | | 8|construed to prohibit the court from ordering judgment and sentence | | | 9|and any other sanction authorized by law for failure or refusal to | | | 10|comply with an order of the court. | | | 11| I. Any person who is found guilty of a violation of the | | | 12|provisions of this section shall be required by the court to attend | | | 13|a victims impact panel program, as defined in subsection H of | | | 14|Section 991a of Title 22 of the Oklahoma Statutes, if such a program | | | 15|is offered in the county where the judgment is rendered, and to pay | | | 16|a fee of Seventy-five Dollars ($75.00), as set by the governing | | | 17|authority of the program and approved by the court, to the program | | | 18|to offset the cost of participation by the defendant, if in the | | | 19|opinion of the court the defendant has the ability to pay such fee. | | | 20| J. Any person who is found guilty of a felony violation of the | | | 21|provisions of this section shall be required to submit to electronic | | | 22|monitoring as authorized and defined by Section 991a of Title 22 of | | | 23|the Oklahoma Statutes. | | | 24| | | | Req. No. 15774 Page 13 ___________________________________________________________________________
1| K. Any person who is found guilty of a violation of the | | | 2|provisions of this section who has been sentenced by the court to | | | 3|perform any type of community service shall not be permitted to pay | | | 4|a fine in lieu of performing the community service. | | | 5| L. When a person is found guilty of a violation of the | | | 6|provisions of this section, the court shall order, in addition to | | | 7|any other penalty, the defendant to pay an assessment of One Hundred | | | 8|Dollars ($100.00) to be deposited in the Drug Abuse Education and | | | 9|Treatment Revolving Fund created in Section 2-503.2 of Title 63 of | | | 10|the Oklahoma Statutes, upon collection. | | | 11| M. 1. When a person is eighteen (18) years of age or older, | | | 12|and is the driver, operator, or person in physical control of a | | | 13|vehicle, and is convicted of violating any provision of this section | | | 14|while transporting or having in the motor vehicle any child less | | | 15|than eighteen (18) years of age, the fine shall be enhanced to | | | 16|double the amount of the fine imposed for the underlying driving | | | 17|under the influence (DUI) violation which shall be in addition to | | | 18|any other penalties allowed by this section. | | | 19| 2. Nothing in this subsection shall prohibit the prosecution of | | | 20|a person pursuant to Section 852.1 of Title 21 of the Oklahoma | | | 21|Statutes who is in violation of any provision of this section or | | | 22|Section 11-904 of this title. | | | 23| N. Any plea of guilty, nolo contendere, or finding of guilt for | | | 24|a violation of this section or a violation pursuant to the | | | Req. No. 15774 Page 14 ___________________________________________________________________________
1|provisions of any law of this state or another state prohibiting the | | | 2|offenses provided for in this section, Section 11-904 of this title, | | | 3|or paragraph 4 of subsection A of Section 852.1 of Title 21 of the | | | 4|Oklahoma Statutes shall constitute a conviction of the offense for | | | 5|the purpose of this section; provided, any deferred judgment shall | | | 6|only be considered to constitute a conviction for a period of ten | | | 7|(10) years following the completion of any court-imposed | | | 8|probationary term. | | | 9| O. If qualified by knowledge, skill, experience, training, or | | | 10|education, a witness shall be allowed to testify in the form of an | | | 11|opinion or otherwise solely on the issue of impairment, but not on | | | 12|the issue of specific alcohol concentration level, relating to the | | | 13|following: | | | 14| 1. The results of any standardized field sobriety test | | | 15|including, but not limited to, the horizontal gaze nystagmus (HGN) | | | 16|test administered by a person who has completed training in | | | 17|standardized field sobriety testing; or | | | 18| 2. Whether a person was under the influence of one or more | | | 19|impairing substances and the category of such impairing substance or | | | 20|substances. A witness who has received training and holds a current | | | 21|certification as a drug recognition expert shall be qualified to | | | 22|give the testimony in any case in which such testimony may be | | | 23|relevant.SECTION 2. This act shall become effective November 1, | | | 24|2026. | | | Req. No. 15774 Page 15 ___________________________________________________________________________
1| | | | 2| 60-2-15774 JBH 12/29/25 | | | 3| | | | 4| | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 15774 Page 16