{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-6-205.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-6-205.2","heading":"Disqualification from driving privileges for certain","body":"convictions or acts - Driving while disqualified.\n\nA. As used in this section:\n\n1. “Conviction” means:\n\na. a nonvacated adjudication of guilt,\n\nb. a determination that a person has violated or failed\n\nto comply with this section in any court or by Service\n\nOklahoma following an administrative determination,\n\nc. a nonvacated forfeiture of bail or collateral\n\ndeposited to secure a person’s appearance in court,\n\nd. a plea of guilty or nolo contendere accepted by the\n\ncourt,\n\ne. the payment of any fine or court costs, or\n\nf. a violation of a condition of release without bail,\n\nregardless of whether or not the penalty is rebated,\n\nsuspended or probated;\n\n2. “Tribe” means a federally recognized Indian tribe within the\n\ngeographic boundaries of this state; and\n\n3. “Qualified court” means those tribal court systems that have\n\nadopted the Tribal Law and Order Act of 2010.\n\nB. Service Oklahoma shall disqualify any person from operating\n\na Class A, B or C commercial motor vehicle for a period of not less\n\nthan one (1) year upon receiving a record of conviction of any of\n\nthe following disqualifying offenses, when the conviction has become\n\nfinal:\n\n1. Driving, operating or being in actual physical control of a\n\nClass A, B or C commercial motor vehicle while having a blood or\n\nbreath alcohol concentration, as defined in Section 756 of this\n\ntitle, or as defined by the state in which the arrest occurred, of\n\nfour-hundredths (0.04) or more;\n\n2. Refusing to submit to a test for determination of alcohol\n\nconcentration, as required by Section 751 of this title, or as\n\nrequired by the state in which the arrest occurred, while operating\n\na Class A, B or C commercial motor vehicle, or if the person is the\n\nholder of a commercial driver license, committing the offense while\n\noperating any vehicle;\n\n3. Driving or being in actual physical control of a Class A, B\n\nor C commercial motor vehicle while under the influence of alcohol\n\nor any other intoxicating substance or the combined influence of\n\nalcohol and any other intoxicating substance, or if the person is\n\nthe holder of a commercial driver license, committing the offense\n\nwhile operating any vehicle. Provided, Service Oklahoma shall not\n\nadditionally disqualify, pursuant to this subsection, if the\n\nperson’s driving privilege has been disqualified in this state\n\nbecause of a test result or test refusal pursuant to paragraph 1 or\n\n2 of this subsection as a result of the same violation arising from\n\nthe same incident;\n\n4. Knowingly leaving the scene of a collision which occurs\n\nwhile operating a Class A, B or C commercial motor vehicle, or if\n\nthe person is the holder of a commercial driver license, committing\n\nthe offense while operating any vehicle;\n\n5. Any felony during the commission of which a Class A, B or C\n\ncommercial motor vehicle is used, except a felony involving the\n\nmanufacture, distribution or dispensation of a controlled dangerous\n\nsubstance, or if the person is the holder of a commercial driver\n\nlicense, committing the offense while operating any vehicle;\n\n6. Operating a commercial motor vehicle while the commercial\n\ndriving privilege is revoked, suspended, canceled, denied, or\n\ndisqualified;\n\n7. Manslaughter homicide, or negligent homicide occurring as a\n\ndirect result of negligent operation of a commercial motor vehicle,\n\nor, if the person is the holder of a commercial driver license,\n\ncommitting the offense while operating any vehicle;\n\n8. Fraud related to examination for or issuance of a commercial\n\nlearner permit or a Class A, B or C driver license; or\n\n9. Failure to submit to skills or knowledge reexamination, or\n\nboth, for the purpose of issuance of a commercial learner permit or\n\na Class A, B or C driver license within thirty (30) days of receipt\n\nof notification from the Department.\n\nC. Service Oklahoma shall disqualify any person from operating\namination for or issuance of a commercial\n\nlearner permit or a Class A, B or C driver license; or\n\n9. Failure to submit to skills or knowledge reexamination, or\n\nboth, for the purpose of issuance of a commercial learner permit or\n\na Class A, B or C driver license within thirty (30) days of receipt\n\nof notification from the Department.\n\nC. Service Oklahoma shall disqualify any person from operating\n\na Class A, B or C commercial motor vehicle for a period of not less\n\nthan three (3) years upon receiving a record of conviction of any of\n\nthe disqualifying offenses described in subsection B of this\n\nsection, committed in connection with the operation of a motor\n\nvehicle which is required to be placarded for hazardous materials\n\nunder 49 C.F.R., Part 172, subpart F, when the conviction has become\n\nfinal.\n\nD. Service Oklahoma shall disqualify any person from operating\n\na Class A, B or C commercial motor vehicle for life upon receiving a\n\nrecord of conviction in any court of any of the disqualifying\n\noffenses described in subsection B of this section after a former\n\nconviction of any of the following disqualifying offenses, when the\n\nsecond conviction has become final.\n\nService Oklahoma may promulgate rules establishing conditions\n\nunder which a disqualification for life pursuant to the provisions\n\nof this subsection may be reduced to a period of not less than ten\n\n(10) years provided a previous lifetime disqualification has not\n\nbeen reduced.\n\nE. Service Oklahoma shall disqualify any person from operating\n\na Class A, B or C commercial motor vehicle for life upon receiving a\n\nrecord of conviction for any felony related to the manufacture,\n\ndistribution or dispensation of a controlled dangerous substance in\n\nthe commission of which a Class A, B or C commercial motor vehicle\n\nis used, or if the person is the holder of a commercial driver\n\nlicense, committing the offense while operating any vehicle, when\n\nthe conviction has become final, or for a felony conviction of human\n\ntrafficking while operating a commercial motor vehicle, when the\n\nconviction has become final.\n\nF. Service Oklahoma shall disqualify any person from operating\n\na Class A, B or C commercial motor vehicle for sixty (60) days upon\n\nreceiving a record of a second conviction of the person for a\n\nserious traffic offense arising out of separate transactions or\n\noccurrences within a three-year period, when the convictions have\n\nbecome final. Service Oklahoma shall disqualify any person from\n\noperating a Class A, B or C commercial motor vehicle for one hundred\n\ntwenty (120) days upon receiving a record of a third conviction of a\n\nperson for a serious traffic offense arising out of separate\n\ntransactions or occurrences within a three-year period, when the\n\nconvictions have become final; provided, the one-hundred-twenty-day\n\nperiod shall run in addition to and shall not run concurrently with\n\nany other period disqualification imposed pursuant to this\n\nsubsection. As used in this subsection, “serious traffic offense”\n\nshall mean any of the following offenses committed while operating a\n\ncommercial motor vehicle:\n\n1. Speeding fifteen (15) miles per hour or more over the limit;\n\n2. Reckless driving;\n\n3. Any traffic offense committed that results in or in\n\nconjunction with a motor vehicle collision resulting in a fatality;\n\n4. Erratic or unsafe lane changes;\n\n5. Following too closely;\n\n6. Failure to obtain a commercial driver license;\n\n7. Failure to have in possession of the person a commercial\n\ndriver license;\n\n8. Failure to have:\n\na. the proper class of commercial driver license for the\n\nclass of vehicle being operated,\n\nb. the proper endorsement or endorsements for the type of\n\nvehicle being operated, including, but not limited to,\n\npassengers or type of cargo being transported, or\n\nc. both proper class and proper endorsement, as provided\n\nin subparagraphs a and b of this paragraph;\nl\n\ndriver license;\n\n8. Failure to have:\n\na. the proper class of commercial driver license for the\n\nclass of vehicle being operated,\n\nb. the proper endorsement or endorsements for the type of\n\nvehicle being operated, including, but not limited to,\n\npassengers or type of cargo being transported, or\n\nc. both proper class and proper endorsement, as provided\n\nin subparagraphs a and b of this paragraph;\n\n9. Operating a commercial motor vehicle while using a cellular\n\ntelephone or electronic communication device to write, send or read\n\na text-based communication; or\n\n10. Operating a commercial motor vehicle while using a hand-\n\nheld mobile telephone.\n\nFor the purposes of paragraphs 9 and 10 of this subsection,\n\noperating a commercial motor vehicle and using an electronic\n\ncommunication device or a hand-held mobile telephone is permissible\n\nby the operator when necessary to communicate with law enforcement\n\nofficials or other emergency services. Further, for the purposes of\n\nparagraphs 9 and 10 of this subsection, “operate” means operating on\n\na street or highway including while temporarily stationary because\n\nof traffic, a traffic control device or other momentary delays.\n\nOperating does not include when the driver of a commercial motor\n\nvehicle has moved the vehicle to the side of or off a street or\n\nhighway and has halted in a location where the vehicle can safely\n\nremain stationary.\n\nG. Upon the receipt of a person’s record of conviction of\n\nviolating a lawful out-of-service order, when the conviction becomes\n\nfinal Service Oklahoma shall disqualify the driving privilege of the\n\nperson as follows:\n\n1. For a first conviction for violating an out-of-service\n\norder:\n\na. except as provided in subparagraph b of this\n\nparagraph, the period of disqualification shall be for\n\none hundred eighty (180) days, or\n\nb. while transporting hazardous materials required to be\n\nplacarded under the Hazardous Materials Transportation\n\nAct, 49 U.S.C.A. Section 5103 et seq., or while\n\noperating a motor vehicle designed for transport of\n\nsixteen (16) or more passengers, including the driver,\n\nthe period of disqualification shall be for one (1)\n\nyear;\n\n2. For a second conviction within ten (10) years for violating\n\nan out-of-service order:\n\na. except as provided in subparagraph b of this\n\nparagraph, the period of disqualification shall be for\n\ntwo (2) years, or\n\nb. while transporting hazardous materials required to be\n\nplacarded under the Hazardous Materials Transportation\n\nAct, 49 U.S.C.A. Section 5103 et seq., or while\n\noperating a motor vehicle designed for transport of\n\nsixteen (16) or more passengers, including the driver,\n\nthe period of disqualification shall be for three (3)\n\nyears; and\n\n3. For a third or subsequent conviction within ten (10) years\n\nfor violating an out-of-service order, the period of\n\ndisqualification shall be for three (3) years.\n\nH. Upon determination by Service Oklahoma that fraudulent\n\ninformation was used to apply for or obtain a Class A, B or C driver\n\nlicense, Service Oklahoma shall disqualify the driving privilege of\n\nthe applicant or licensee for a period of sixty (60) days.\n\nI. Any person who drives a Class A, B or C commercial motor\n\nvehicle on any public roads, streets, highways, turnpikes or any\n\nother public place of this state at a time when the person has been\n\ndisqualified or when the privilege to do so is canceled, denied,\n\nsuspended or revoked shall be guilty of a misdemeanor and upon\n\nconviction shall be punished by a fine of not less than One Hundred\n\nDollars ($100.00) and not more than Five Hundred Dollars ($500.00),\n\nor by imprisonment for not more than one (1) year, or by both such\n\nfine and imprisonment. Each act of driving as prohibited shall\n\nconstitute a separate offense.\n\nJ. Upon the receipt of the record of a conviction of a person\n\nof a railroad highway grade crossing offense in a commercial motor\na fine of not less than One Hundred\n\nDollars ($100.00) and not more than Five Hundred Dollars ($500.00),\n\nor by imprisonment for not more than one (1) year, or by both such\n\nfine and imprisonment. Each act of driving as prohibited shall\n\nconstitute a separate offense.\n\nJ. Upon the receipt of the record of a conviction of a person\n\nof a railroad highway grade crossing offense in a commercial motor\n\nvehicle, pursuant to Sections 11-701 or 11-702 of this title or\n\nSection 11-1115 of this title, or upon receipt of an equivalent\n\nconviction from any state, when the conviction becomes final,\n\nService Oklahoma shall disqualify the driving privileges of the\n\nperson convicted as follows:\n\n1. The first conviction shall result in disqualification for\n\nsixty (60) days;\n\n2. The second conviction within three (3) years shall result in\n\ndisqualification for one hundred twenty (120) days; and\n\n3. The third or subsequent conviction within three (3) years\n\nshall result in disqualification for one (1) year.\n\nK. Service Oklahoma, upon receipt of a written notice of\n\nimmediate disqualification issued by the Federal Motor Carrier\n\nSafety Administration under 49 CFR 383.52, shall immediately\n\ndisqualify the person’s commercial driving privilege for the period\n\nof time specified on the written notice.\n\nL. The periods of disqualification as defined by this section\n\nshall not be modified. A person may not be granted driving\n\nprivileges to operate a Class A, B or C commercial vehicle until the\n\ndisqualification is reinstated.\n\nM. When any record of conviction, as specified in this section,\n\nis received by the Department and pertains to a nonresident operator\n\nof a Class A, B or C commercial motor vehicle, or if the nonresident\n\noperator is the holder of a commercial driver license, a record of\n\nthe conviction pertaining to the nonresident operator of any\n\nvehicle, Service Oklahoma shall not disqualify the person and shall\n\nreport the conviction to the licensing jurisdiction in which the\n\nlicense of the nonresident to operate the commercial vehicle was\n\nissued.\n\nN. Any person who is disqualified from driving under the\n\nprovisions of this section shall have the right of appeal, as\n\nprovided in Section 6-211 of this title.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"da5fdca4df260f5cdeb1de519e356ff351944bb68a062cce7f4f871e6a8ed4c6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-6-205.1","next":"us-ok/okla.-stat.-tit.-47-47-6-205.3"},"notice":"GroundRules: Original legal text. Not legal advice."}