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Bill > HB3766

OK HB3766

OK HB3766
Driving under the influence; updating statutory references; setting requirements for driving under the influence of a controlled substance; effective date.

summary

Introduced
02/02/2026
In Committee
02/04/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An Act relating to driving under the influence; amending Section 8, Chapter 366, O.S.L. 2024 (21 O.S. Supp. 2025, Section 20H), which relates to Class B3 offenses; updating statutory references; amending Section 9, Chapter 366, O.S.L. 2024, as amended by Section 3, Chapter 187, O.S.L. 2025 (21 O.S. Supp. 2025, Section 20I), which relates to Class B4 offenses; updating statutory references; amending Section 13, Chapter 366, O.S.L. 2024, as amended by Section 6, Chapter 187, O.S.L. 2025 (21 O.S. Supp. 2025, Section 20M), which relates to Class C2 offenses; updating statutory references; amending 47 O.S. 2021, Section 6-205, as amended by Section 10, Chapter 11, O.S.L. 2024 (47 O.S. Supp. 2025, Section 6-205), which relates to mandatory revocation of driving privileges; updating statutory references; amending 47 O.S. 2021, Section 11-902, as amended by Section 33, Chapter 486, O.S.L. 2025 (47 O.S. Supp. 2025, Section 11-902), which relates to persons under the influence of alcohol or other intoxicating substance; setting requirements for driving under the influence of a controlled substance; stating the presence of certain metabolites shall not constitute a per se violation; defining terms; setting standards for the concentration of certain substances in the body; authorizing the Oklahoma Board of Tests for Alcohol and Drug Influence to promulgate certain rules; authorizing the presentation of certain evidence; authorizing the use of independent evidence for prosecution; requiring chemical test make certain specifications; granting right to use independent testing; updating statutory references; amending 47 O.S. 2021, Section 11-904, as amended by Section 65, Chapter 486, O.S.L. 2025 (47 O.S. Supp. 2025, Section 11-904), which relates to persons involved in an injury accident under the influence; updating statutory references; amending 47 O.S. 2021, Section 11-906.4, which relates to driving under the influence while underage; updating statutory references; and providing an effective date.

AI Summary

This bill updates various statutes related to driving under the influence (DUI) and other offenses, primarily by amending existing laws and clarifying definitions and penalties. A key provision establishes new requirements for driving under the influence of a controlled substance, specifying that the mere presence of certain metabolites (chemical byproducts) in the body will not automatically constitute a violation, but rather the presence of an active psychoactive substance at specific levels or with additional evidence of impairment will be considered. The bill also defines terms like "active psychoactive substance" and "non-impairing metabolite," sets standards for the concentration of certain substances in the body, and allows the Oklahoma Board of Tests for Alcohol and Drug Influence to create rules for these standards. It further authorizes the presentation of independent evidence in prosecutions and requires chemical tests to meet certain specifications, while also granting defendants the right to independent testing. Additionally, the bill updates statutory references throughout various sections of law, including those pertaining to Class B3, B4, and C2 offenses, mandatory revocation of driving privileges, persons under the influence, and persons involved in injury accidents while under the influence, and driving under the influence while underage. The effective date for this act is November 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Rules (on 02/04/2026)

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