{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-753","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-753","heading":"Refusal to submit to test","body":"A. If a conscious person under arrest refuses to submit to\n\ntesting of his or her blood or breath for the purpose of determining\n\nthe alcohol concentration thereof, or to a test of his or her blood,\n\nsaliva or urine for the purpose of determining the presence or\n\nconcentration of any other intoxicating substance, or the combined\n\ninfluence of alcohol and any other intoxicating substance, none\n\nshall be given except upon the issuance of a search warrant or\n\nunless the investigating officer has probable cause to believe that\n\nthe person under arrest, while intoxicated, has operated the motor\n\nvehicle in such a manner as to have caused the death or serious\n\nphysical injury of any other person or persons. In such event, such\n\ntest otherwise authorized by law may be made in the same manner as\n\nif a search warrant had been issued for such test or tests. The\n\nsample shall be taken in a medically acceptable manner as authorized\n\nby Section 752 of this title. The Director of Service Oklahoma,\n\nupon the receipt of a sworn report of the law enforcement officer\n\nthat the officer had reasonable grounds to believe the arrested\n\nperson had been driving or was in actual physical control of a motor\n\nvehicle upon the public roads, highways, streets, turnpikes or other\n\npublic place of this state while under the influence of alcohol, any\n\nother intoxicating substance, or the combined influence of alcohol\n\nand any other intoxicating substance, and that the person had\n\nrefused to submit to the test or tests, shall revoke the license to\n\ndrive and any nonresident operating privilege for a period provided\n\nby Section 6-205.1 of this title. If the person is a resident or\n\nnonresident without a license or permit to operate a motor vehicle\n\nin this state, the Director of Service Oklahoma shall deny to the\n\nperson the issuance of a license or permit for a period provided by\n\nSection 6-205.1 of this title subject to a review as provided in\n\nSection 754 of this title. The revocation or denial shall become\n\neffective forty-five (45) days after the arrested person is given\n\nwritten notice thereof by the officer or by Service Oklahoma as\n\nprovided in Section 754 of this title.\n\nB. Service Oklahoma shall immediately reinstate the driving\n\nprivilege of the person if:\n\n1. The arrested person was required to submit to the testing of\n\nhis or her blood or breath pursuant to the provisions of a search\n\nwarrant despite his or her refusal to submit to testing; and\n\n2. Service Oklahoma receives a written blood or breath test\n\nreport that reflects the arrested person did not have any measurable\n\nquantity of alcohol, or any other intoxicating substance, or the\n\ncombination of alcohol and any other intoxicating substance in the\n\nblood or breath of the arrested person.","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":"fc9386f0f5daa9b5b4156f669269393f6d20c5b4a808af0cab2a3aca3dcf21fb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-752v2","next":"us-ok/okla.-stat.-tit.-47-47-754"},"notice":"GroundRules: Original legal text. Not legal advice."}