{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-761","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-761","heading":"Operation of motor vehicle while impaired - Penalties -","body":"Suspensions - Violations not bondable.\n\nA. Any person who operates a motor vehicle while his ability to\n\noperate such motor vehicle is impaired by the consumption of\n\nalcohol, or any other substance, other than alcohol, which is\n\ncapable of being ingested, inhaled, injected or absorbed into the\n\nhuman body and is capable of adversely affecting the central nervous\n\nsystem, vision, hearing or other sensory or motor functions shall be\n\nsubject to a fine of not less than One Hundred Dollars ($100.00) nor\n\nmore than Five Hundred Dollars ($500.00), or imprisonment in the\n\ncounty jail for not more than six (6) months, or by both such fine\n\nand imprisonment.\n\nB. Upon the receipt of any person’s record of conviction of\n\ndriving while impaired, when such conviction has become final,\n\nService Oklahoma shall suspend the driving privilege of such person,\n\nas follows:\n\n1. The first suspension shall be for thirty (30) days;\n\n2. The second suspension shall be for a period of six (6)\n\nmonths, which may be modified; provided, any modification under this\n\nparagraph shall apply to Class D motor vehicles only; and\n\n3. The third or subsequent suspension shall be for twelve (12)\n\nmonths, which may be modified; provided, any modification under this\n\nparagraph shall apply to Class D motor vehicles only.\n\nProvided, however, Service Oklahoma shall not suspend such\n\nprivilege pursuant to this subsection if said person’s driving\n\nprivilege has been revoked based upon a test result or test refusal\n\npursuant to Section 753 or Section 754 of this title arising from\n\nthe same circumstances which resulted in the conviction.\n\nC. The violations as set out in this section shall not be\n\nbondable under Section 1115.3 of Title 22 of the Oklahoma Statutes.\n\nD. Any person who is found guilty of a violation of the\n\nprovisions of this section or pleading guilty or nolo contendere for\n\na violation of any provision of this section shall be ordered to\n\nparticipate in, prior to sentencing, an alcohol and drug assessment\n\nand evaluation by an assessment agency or assessment personnel\n\ncertified by the Department of Mental Health and Substance Abuse\n\nServices for the purpose of evaluating the receptivity to treatment\n\nand prognosis of the person. The court shall order the person to\n\nreimburse the agency or assessor for the assessment and evaluation.\n\nThe fee for an assessment and evaluation shall be the amount\n\nprovided in subsection C of Section 3-460 of Title 43A of the\n\nOklahoma Statutes. The evaluation shall be conducted at a certified\n\nassessment agency, the office of a certified assessor or at another\n\nlocation as ordered by the court. The agency or assessor shall,\n\nwithin seventy-two (72) hours from the time the person is assessed,\n\nsubmit a written report to the court for the purpose of assisting\n\nthe court in its final sentencing determination. If such report\n\nindicates that the evaluation shows that the defendant would benefit\n\nfrom a ten-hour or twenty-four-hour alcohol and drug substance abuse\n\ncourse or a treatment program or both, the court shall, as a\n\ncondition of any sentence imposed, including a deferred sentence and\n\na suspended sentence, require the person to follow all\n\nrecommendations identified by the assessment and evaluation and\n\nordered by the court. No person, agency or facility operating an\n\nalcohol and drug substance abuse evaluation program certified by the\n\nDepartment of Mental Health and Substance Abuse Services shall\n\nsolicit or refer any person evaluated pursuant to this section for\n\nany treatment program or alcohol and drug substance abuse service in\n\nwhich such person, agency or facility has a vested interest;\n\nhowever, this provision shall not be construed to prohibit the court\n\nfrom ordering participation in or any person from voluntarily\n\nutilizing a treatment program or alcohol and drug substance abuse\ns section for\n\nany treatment program or alcohol and drug substance abuse service in\n\nwhich such person, agency or facility has a vested interest;\n\nhowever, this provision shall not be construed to prohibit the court\n\nfrom ordering participation in or any person from voluntarily\n\nutilizing a treatment program or alcohol and drug substance abuse\n\nservice offered by such person, agency or facility. Any evaluation\n\nreport submitted to the court pursuant to this subsection shall be\n\nhandled in a manner which will keep such report confidential from\n\nthe general public’s review. Nothing contained in this subsection\n\nshall be construed to prohibit the court from ordering judgment and\n\nsentence and any other sanction authorized by law for failure or\n\nrefusal to comply with an order of the court.","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":"b0703bb533581b064c3662d98cbbb14d7ec56dfe523eddf1daa5a1f01b6be137","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-759v2","next":"us-ok/okla.-stat.-tit.-47-47-781"},"notice":"GroundRules: Original legal text. Not legal advice."}