Oklahoma § 47-754 - Seizure of license - Temporary driving privileges Administrative revocation

§ 47-754. Seizure of license - Temporary driving privileges Administrative revocation

A. The sworn report of the officer stating 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

Oklahoma Statutes - Title 47. Motor Vehicles

intoxicating substance, shall be submitted by mail, by electronic

means approved by Service Oklahoma or in person to Service Oklahoma

within seventy-two (72) hours of the issuance of the report. The

failure of the officer to timely file this report shall not affect

the authority of Service Oklahoma to revoke the driving privilege of

the arrested person. However, Service Oklahoma shall take no action

on a sworn report as described in this section if the sworn report

is not received by Service Oklahoma after the expiration of one

hundred eighty (180) days of the arrest of the person.

B. Upon receipt of a written blood or breath test report

reflecting that the arrested person, if under twenty-one (21) years

of age, had any measurable quantity of alcohol in the blood or

breath of the person, or, if the arrested person is twenty-one (21)

years of age or older, a blood or breath alcohol concentration of

eight-hundredths (0.08) or more, accompanied by a sworn report from

a law enforcement officer that the officer had reasonable grounds to

believe the arrested person had been operating or was in actual

physical control of a motor vehicle while under the influence of

alcohol as prohibited by law, Service Oklahoma shall revoke or deny

the driving privilege of the arrested person for a period as

provided by Section 6-205.1 of this title, unless the person has

successfully completed or is currently participating in the Impaired

Driver Accountability Program in relation to the arrest which is the

subject of the report. Revocation or denial of the driving

privilege of the arrested person shall become effective forty-five

(45) days after the arrested person is given written notice thereof

by the officer or by Service Oklahoma.

C. The appeal hearing before the district court shall be

conducted in accordance with Section 6-211 of this title. The

hearing shall cover the issues of whether the officer had reasonable

grounds to believe the person had been operating or was in actual

physical control of a 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

as prohibited by law, and whether the person was placed under

arrest.

1. If the revocation or denial is based upon a breath or blood

test result and a sworn report from a law enforcement officer, the

scope of the hearing shall also cover the issues as to whether:

a.

if timely requested by the person, the person was not

denied a breath or blood test,

b.

the specimen was obtained from the person within two

(2) hours of the arrest of the person,

c.

the person, if under twenty-one (21) years of age, was

advised that driving privileges would be revoked or

Oklahoma Statutes - Title 47. Motor Vehicles

denied if the test result reflected the presence of

any measurable quantity of alcohol,

d.

the person, if twenty-one (21) years of age or older,

was advised that driving privileges would be revoked

or denied if the test result reflected an alcohol

concentration of eight-hundredths (0.08) or more, and

e.

the test result in fact reflects the alcohol

concentration.

2. If the revocation or denial is based upon the refusal of the

person to submit to a breath or blood test, reflected in a sworn

report by a law enforcement officer, the scope of the hearing shall

also include whether:

a.

the person refused to submit to the test or tests, and

b.

the person was informed that driving privileges would

be revoked or denied if the person refused to submit

to the test or tests.

D. After the hearing, the district court shall order the

revocation or denial either rescinded or sustained.

Added by Laws 1967, c. 86, § 4, eff. Jan. 1, 1969. Amended by Laws

1975, c. 119, § 3, emerg. eff. May 13, 1975; Laws 1982, c. 273, § 7,

operative Oct. 1, 1982; Laws 1982, c. 294, § 5, operative July 1,

1982; Laws 1986, c. 279, § 24, operative July 1, 1986; Laws 1988, c.

242, § 11, eff. Nov. 1, 1988; Laws 1993, c. 238, § 7, emerg. eff.

May 26, 1993; Laws 1994, c. 387, § 7, eff. July 1, 1995; Laws 1995,

c. 313, § 5, eff. July 1, 1995; Laws 1996, c. 309, § 7, eff. Nov. 1,

1996; Laws 1997, c. 2, § 9, emerg. eff. Feb. 26, 1997; Laws 1997, c.

227, § 1, emerg. eff. May 20, 1997; Laws 1999, c. 106, § 8, emerg.

eff. April 19, 1999; Laws 2001, c. 437, § 24, eff. July 1, 2001;

Laws 2004, c. 418, § 22, eff. July 1, 2004; Laws 2005, c. 394, § 16,

emerg. eff. June 6, 2005; Laws 2017, c. 392, § 13, eff. Nov. 1,

2017; Laws 2019, c. 400, § 15, eff. Nov. 1, 2019; Laws 2021, c. 283,

§ 2, eff. Nov. 1, 2021; Laws 2022, c. 376, § 7, eff. Nov. 1, 2022;

Laws 2023, c. 310, § 24, eff. July 1, 2023.

NOTE: Laws 1996, c. 199, § 4 repealed by Laws 1997, c. 2, § 26,

emerg. eff. Feb. 26, 1997.