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§47-754.
§47-754.
A. Any arrested person who is under twenty-one (21) years of age and
has any measurable quantity of alcohol in the person's blood or
breath, or any person twenty-one (21) years of age or older whose
alcohol concentration is ten-hundredths (0.10) or more as shown by a
breath test administered according to the provisions of this title, or
any arrested person who has refused to submit to a breath or blood
test, shall immediately surrender his or her driver license, permit or
other evidence of driving privilege to the arresting law enforcement
officer. The officer shall seize any driver license, permit, or other
evidence of driving privilege surrendered by or found on the arrested
person during a search.
B. If the evidence of driving privilege surrendered to or seized by
the officer has not expired and otherwise appears valid, the officer
shall issue to the arrested person a dated receipt for that driver
license, permit, or other evidence of driving privilege on a form
prescribed by the Department of Public Safety. This receipt shall be
recognized as a driver license and shall authorize the arrested person
to operate a motor vehicle for a period not to exceed thirty (30)
days. The receipt form shall contain and constitute a notice of
revocation of driving privilege by the Department effective in thirty
(30) days. The evidence of driving privilege and a copy of the receipt
form issued to the arrested person shall be attached to the sworn
report of the officer and shall be submitted by mail or in person to
the Department within seventy-two (72) hours of the issuance of the
receipt. The failure of the officer to timely file this report shall
not affect the authority of the Department to revoke the driving
privilege of the arrested person.
C. Upon receipt of a written blood or breath test report reflecting
that the arrested person, if under twenty-one (21) years of age, had
any measurable quantity of alcohol in the person's blood or breath,
or, if the arrested person is twenty-one (21) years of age or older, a
blood or breath alcohol concentration of ten-hundredths (0.10) or
more, accompanied by a sworn report from a law enforcement officer
that the officer had reasonable grounds to believe the arrested person
had been operating or was in actual physical control of a motor
vehicle while under the influence of alcohol as prohibited by law, the
Department shall revoke or deny the driving privilege of the arrested
person for a period as provided by Section 6-205.1 of this title.
Revocation or denial of the driving privilege of the arrested person
shall become effective thirty (30) days after the arrested person is
given written notice thereof by the officer as provided in this
section or by the Department as provided in Section 2-116 of this
title.
D. Upon the written request of a person whose driving privilege has
been revoked or denied, the Department shall grant the person an
opportunity to be heard if the request is received by the Department
within fifteen (15) days after the notice of the revocation is given
in accordance with this section or Section 2-116 of this title. The
sworn report of the officer, together with the results of any test or
tests, shall be deemed true, absent any facial deficiency, should the
requesting person fail to appear at the scheduled hearing. A timely
request shall stay the order of the Department until the disposition
of the hearing unless the person is under cancellation, denial,
suspension or revocation for some other reason. The Department may
issue a temporary driving permit pending disposition of the hearing,
if the person is otherwise eligible. If the hearing request is not
timely filed, the revocation or denial shall be sustained.
E. 1. At any hearing held relevant to this section, a report of the
findings of the laboratory of the Oklahoma State Bureau of
Investigation, the medical examiner's report of investigation or
autopsy report, or a laboratory report from a forensic laboratory
operated by the State of Oklahoma or any political subdivision
thereof, which has been made available to the person by the
Commissioner or an authorized representative at least five (5) days
prior to the hearing, with reference to all or part of the evidence
submitted, when certified as correct by the persons making the report
shall be received as evidence of the facts and findings stated, if
relevant and otherwise admissible in evidence. If such report is
deemed relevant by either party, the court shall admit such report
without the testimony of the person making the report, unless the
court, pursuant to this subsection, orders such person to appear.
2. When any alleged controlled dangerous substance has been submitted
to the laboratory of the OSBI for analysis, and such analysis shows
that the submitted material is a controlled dangerous substance, the
distribution of which constitutes a felony under the laws of this
state, no portion of such substance shall be released to any other
person or laboratory absent an order of a district court. The
defendant shall additionally be required to submit to the court a
procedure for transfer and analysis of the subject material to ensure
the integrity of the sample and to prevent the material from being
used in any illegal manner.
3. The court, upon motion of either party, shall order the attendance
of any person preparing a report submitted as evidence in the hearing
when it appears there is a substantial likelihood that material
evidence not contained in said report may be produced by the testimony
of any person having prepared a report. The hearing shall be held and,
if sustained, an order issued not less than five (5) days prior to the
time when the testimony shall be required.
4. If within five (5) days prior to the hearing or during a hearing, a
motion is made pursuant to this section requiring a person having
prepared a report to testify, the court may hear a report or other
evidence but shall continue the hearing until such time notice of the
motion and hearing is given to the person making the report, the
motion is heard, and, if sustained, the testimony ordered can be
given.
F. The hearing before the Commissioner of Public Safety or a
designated hearing officer shall be conducted in the county of arrest
or may be conducted by telephone conference call. The hearing may be
recorded and its scope shall cover the issues of whether the officer
had reasonable grounds to believe the person had been operating or was
in actual physical control of a vehicle upon the public roads,
highways, streets, turnpikes or other public place of this state while
under the influence of alcohol, any other intoxicating substance, or
the combined influence of alcohol and any other intoxicating substance
as prohibited by law, and whether the person was placed under arrest.
1. If the revocation or denial is based upon a breath or blood test
result and a sworn report from a law enforcement officer, the scope of
the hearing shall also cover the issues as to whether:
a. the testing procedures used were in accordance with the rules of
the Board,
b. the person was not denied a timely requested breath or blood test,
c. the specimen was obtained from the person within two (2) hours of
the arrest of the person,
d. the person, if under twenty-one (21) years of age, was advised that
driving privileges would be revoked or denied if the test result
reflected the presence of any measurable quantity of alcohol,
e. the person was informed that a separate testing of the sample taken
by the breathalyzer can be analyzed by the person at his or her own
expense within sixty (60) days of the test date,
f. the person, if twenty-one (21) years of age or older, was advised
that driving privileges would be revoked or denied if the test result
reflected an alcohol concentration of ten-hundredths (0.10) or more,
and
g. the test result in fact reflects such alcohol concentration.
2. If the revocation or denial is based upon the refusal of the person
to submit to a breath or blood test, reflected in a sworn report by a
law enforcement officer, the scope of the hearing shall also include
whether:
a. the person refused to submit to the test or tests, and
b. the person was informed that driving privileges would be revoked or
denied if the person refused to submit to the test or tests.
G. After the hearing, the Commissioner of Public Safety or a
designated hearing officer shall order the revocation or denial either
rescinded or sustained.
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