Oklahoma § 47-753 - Refusal to submit to test

§ 47-753. Refusal to submit to test

A. If a conscious person under arrest refuses to submit to

testing of his or her blood or breath for the purpose of determining

the alcohol concentration thereof, or to a test of his or her blood,

saliva or urine for the purpose of determining the presence or

concentration of any other intoxicating substance, or the combined

influence of alcohol and any other intoxicating substance, none

shall be given except upon the issuance of a search warrant or

unless the investigating officer has probable cause to believe that

the person under arrest, while intoxicated, has operated the motor

vehicle in such a manner as to have caused the death or serious

physical injury of any other person or persons. In such event, such

test otherwise authorized by law may be made in the same manner as

if a search warrant had been issued for such test or tests. The

sample shall be taken in a medically acceptable manner as authorized

by Section 752 of this title. The Director of Service Oklahoma,

upon the receipt of a sworn report of the law enforcement officer

Oklahoma Statutes - Title 47. Motor Vehicles

that the officer had reasonable grounds to believe the arrested

person had been driving or was in actual physical control of a motor

vehicle upon the public roads, highways, streets, turnpikes or other

public place of this state while under the influence of alcohol, any

other intoxicating substance, or the combined influence of alcohol

and any other intoxicating substance, and that the person had

refused to submit to the test or tests, shall revoke the license to

drive and any nonresident operating privilege for a period provided

by Section 6-205.1 of this title. If the person is a resident or

nonresident without a license or permit to operate a motor vehicle

in this state, the Director of Service Oklahoma shall deny to the

person the issuance of a license or permit for a period provided by

Section 6-205.1 of this title subject to a review as provided in

Section 754 of this title. The revocation or denial shall become

effective forty-five (45) days after the arrested person is given

written notice thereof by the officer or by Service Oklahoma as

provided in Section 754 of this title.

B. Service Oklahoma shall immediately reinstate the driving

privilege of the person if:

1. The arrested person was required to submit to the testing of

his or her blood or breath pursuant to the provisions of a search

warrant despite his or her refusal to submit to testing; and

2. Service Oklahoma receives a written blood or breath test

report that reflects the arrested person did not have any measurable

quantity of alcohol, or any other intoxicating substance, or the

combination of alcohol and any other intoxicating substance in the

blood or breath of the arrested person.

Added by Laws 1967, c. 86, § 3, eff. Jan. 1, 1969. Amended by Laws

1975, c. 119, § 2, emerg. eff. May 13, 1975; Laws 1982, c. 273, § 6,

operative Oct. 1, 1982; Laws 1982, c. 294, § 4, operative July 1,

1982; Laws 1985, c. 118, § 1, eff. Nov. 1, 1985; Laws 1988, c. 242,

§ 10, eff. Nov. 1, 1988; Laws 1993, c. 238, § 6, emerg. eff. May 26,

1993; Laws 1999, c. 106, § 7, emerg. eff. April 19, 1999; Laws 2006,

c. 173, § 6, eff. July 1, 2006; Laws 2015, c. 131, § 1, eff. Nov. 1,

2015; Laws 2017, c. 392, § 12, eff. Nov. 1, 2017; Laws 2019, c. 400,

§ 14, eff. Nov. 1, 2019; Laws 2022, c. 376, § 6, eff. Nov. 1, 2022;

Laws 2023, c. 310, § 23, eff. July 1, 2023; Laws 2025, c. 418, § 2,

emerg. eff. May 28, 2025.