Okla. Stat. tit. 47, § 47-753
This is the official text of Okla. Stat. tit. 47, § 47-753, part of Oklahoma’s Stat. tit. 47, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 47,." Browse the sections below, each linked to its official government source.
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Refusal to submit to test
Official statutory text
A. If a conscious person under arrest refuses to submit to
testing of his or her blood or breath for the purpose of determining
the alcohol concentration thereof, or to a test of his or her blood,
saliva or urine for the purpose of determining the presence or
concentration of any other intoxicating substance, or the combined
influence of alcohol and any other intoxicating substance, none
shall be given except upon the issuance of a search warrant or
unless the investigating officer has probable cause to believe that
the person under arrest, while intoxicated, has operated the motor
vehicle in such a manner as to have caused the death or serious
physical injury of any other person or persons. In such event, such
test otherwise authorized by law may be made in the same manner as
if a search warrant had been issued for such test or tests. The
sample shall be taken in a medically acceptable manner as authorized
by Section 752 of this title. The Director of Service Oklahoma,
upon the receipt of a sworn report of the law enforcement officer
Oklahoma Statutes - Title 47. Motor Vehicles Page 962
that the officer had reasonable grounds to believe the arrested
person had been driving or was in actual physical control of a motor
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, and that the person had
refused to submit to the test or tests, shall revoke the license to
drive and any nonresident operating privilege for a period provided
by Section 6-205.1 of this title. If the person is a resident or
nonresident without a license or permit to operate a motor vehicle
in this state, the Director of Service Oklahoma shall deny to the
person the issuance of a license or permit for a period provided by
Section 6-205.1 of this title subject to a review as provided in
Section 754 of this title. The revocation or denial shall become
effective forty-five (45) days after the arrested person is given
written notice thereof by the officer or by Service Oklahoma as
provided in Section 754 of this title.
B. Service Oklahoma shall immediately reinstate the driving
privilege of the person if:
1. The arrested person was required to submit to the testing of
his or her blood or breath pursuant to the provisions of a search
warrant despite his or her refusal to submit to testing; and
2. Service Oklahoma receives a written blood or breath test
report that reflects the arrested person did not have any measurable
quantity of alcohol, or any other intoxicating substance, or the
combination of alcohol and any other intoxicating substance in the
blood or breath of the arrested person.
testing of his or her blood or breath for the purpose of determining
the alcohol concentration thereof, or to a test of his or her blood,
saliva or urine for the purpose of determining the presence or
concentration of any other intoxicating substance, or the combined
influence of alcohol and any other intoxicating substance, none
shall be given except upon the issuance of a search warrant or
unless the investigating officer has probable cause to believe that
the person under arrest, while intoxicated, has operated the motor
vehicle in such a manner as to have caused the death or serious
physical injury of any other person or persons. In such event, such
test otherwise authorized by law may be made in the same manner as
if a search warrant had been issued for such test or tests. The
sample shall be taken in a medically acceptable manner as authorized
by Section 752 of this title. The Director of Service Oklahoma,
upon the receipt of a sworn report of the law enforcement officer
Oklahoma Statutes - Title 47. Motor Vehicles Page 962
that the officer had reasonable grounds to believe the arrested
person had been driving or was in actual physical control of a motor
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, and that the person had
refused to submit to the test or tests, shall revoke the license to
drive and any nonresident operating privilege for a period provided
by Section 6-205.1 of this title. If the person is a resident or
nonresident without a license or permit to operate a motor vehicle
in this state, the Director of Service Oklahoma shall deny to the
person the issuance of a license or permit for a period provided by
Section 6-205.1 of this title subject to a review as provided in
Section 754 of this title. The revocation or denial shall become
effective forty-five (45) days after the arrested person is given
written notice thereof by the officer or by Service Oklahoma as
provided in Section 754 of this title.
B. Service Oklahoma shall immediately reinstate the driving
privilege of the person if:
1. The arrested person was required to submit to the testing of
his or her blood or breath pursuant to the provisions of a search
warrant despite his or her refusal to submit to testing; and
2. Service Oklahoma receives a written blood or breath test
report that reflects the arrested person did not have any measurable
quantity of alcohol, or any other intoxicating substance, or the
combination of alcohol and any other intoxicating substance in the
blood or breath of the arrested person.
Status: in_force · Read it on the official government site
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