Oklahoma Anti Drunk Driving Bill Passes State Senate and House

Governor,Mary Fallin, signed Senate Bill 529, May 26, 2011,  tightening the current DUI laws in Oklahoma.  The bill takes effect November 1, 2011.

First time DUI offenders who are detected having a blood alcohol level of .15 blood alcohol content will be ordered to install a breath machine on their cars for one and a half years. Currently the first time offender would be required to have a breath machine on their car for six months.

The current DUI bench mark is .08 BAC.  Second time offenders would be ordered to have a breath machine installed on their cars for one year.  Third time offenders would be ordered to use a breath machine for three years.  All of the current breath machine standards were tightened up by the new legislation.

Breath machine rental companies expect a bonanza of business, however, the new state law caps the rental price for the machines at $25.00 per month.

A summary of the new law follows:

Summary on proposed CS for SB 529

SECTION 1:Short title of the bill naming the act the “Erin Elizabeth Swezey Act”.

SECTION 2:

Amends provisions related to designations on driver licenses issued by DPS.  Requires DPS to develop a procedure to place the designation “DUI conviction” on driver license or identification card when a person is under an order for an ignition interlock device.

SECTION 3:

Amends the section on persons applying for reinstatement of driving privileges after a DUI conviction and subsequent revocation.  The changes increase the length of time for the use of an ignition interlock device to be used that is in addition to any court ordered penalty to use an interlock device.

SECTION 4:

This section makes changes to the penalty provisions for a DUI.  It increases the penalties related to requiring an ignition interlock device which will be 2 years on a first offense, 5 years for second offenses, and 8 years for 3rd and subsequent offenses.  This is in addition to the existing penalties provided by law.

SECTION 5:

Amends the section of law for persons receiving a DUI while under the age of 21.  The changes require the use of an ignition interlock device on a first offense for not less than 2 years.  It also requires the use of the device for 5 years on a second offense and 8 years on a third offense.

EFFECTIVE DATE OF NOVEMBER 1, 2011

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