Okla. Stat. tit. 47, § 47-761

Suspensions - Violations not bondable.

A. Any person who operates a motor vehicle while his ability to

operate such motor vehicle is impaired by the consumption of

alcohol, or any other substance, other than alcohol, which is

capable of being ingested, inhaled, injected or absorbed into the

human body and is capable of adversely affecting the central nervous

system, vision, hearing or other sensory or motor functions shall be

subject to a fine of not less than One Hundred Dollars ($100.00) nor

more than Five Hundred Dollars ($500.00), or imprisonment in the

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county jail for not more than six (6) months, or by both such fine

and imprisonment.

B. Upon the receipt of any person’s record of conviction of

driving while impaired, when such conviction has become final,

Service Oklahoma shall suspend the driving privilege of such person,

as follows:

1. The first suspension shall be for thirty (30) days;

2. The second suspension shall be for a period of six (6)

months, which may be modified; provided, any modification under this

paragraph shall apply to Class D motor vehicles only; and

3. The third or subsequent suspension shall be for twelve (12)

months, which may be modified; provided, any modification under this

paragraph shall apply to Class D motor vehicles only.

Provided, however, Service Oklahoma shall not suspend such

privilege pursuant to this subsection if said person’s driving

privilege has been revoked based upon a test result or test refusal

pursuant to Section 753 or Section 754 of this title arising from

the same circumstances which resulted in the conviction.

C. The violations as set out in this section shall not be

bondable under Section 1115.3 of Title 22 of the Oklahoma Statutes.

D. Any person who is found guilty of a violation of the

provisions of this section or pleading guilty or nolo contendere for

a violation of any provision of this section shall be ordered to

participate in, prior to sentencing, an alcohol and drug assessment

and evaluation by an assessment agency or assessment personnel

certified by the Department of Mental Health and Substance Abuse

Services for the purpose of evaluating the receptivity to treatment

and prognosis of the person. The court shall order the person to

reimburse the agency or assessor for the assessment and evaluation.

The fee for an assessment and evaluation shall be the amount

provided in subsection C of Section 3-460 of Title 43A of the

Oklahoma Statutes. The evaluation shall be conducted at a certified

assessment agency, the office of a certified assessor or at another

location as ordered by the court. The agency or assessor shall,

within seventy-two (72) hours from the time the person is assessed,

submit a written report to the court for the purpose of assisting

the court in its final sentencing determination. If such report

indicates that the evaluation shows that the defendant would benefit

from a ten-hour or twenty-four-hour alcohol and drug substance abuse

course or a treatment program or both, the court shall, as a

condition of any sentence imposed, including a deferred sentence and

a suspended sentence, require the person to follow all

recommendations identified by the assessment and evaluation and

ordered by the court. No person, agency or facility operating an

alcohol and drug substance abuse evaluation program certified by the

Department of Mental Health and Substance Abuse Services shall

solicit or refer any person evaluated pursuant to this section for

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any treatment program or alcohol and drug substance abuse service in

which such person, agency or facility has a vested interest;

however, this provision shall not be construed to prohibit the court

from ordering participation in or any person from voluntarily

utilizing a treatment program or alcohol and drug substance abuse
s section for

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any treatment program or alcohol and drug substance abuse service in

which such person, agency or facility has a vested interest;

however, this provision shall not be construed to prohibit the court

from ordering participation in or any person from voluntarily

utilizing a treatment program or alcohol and drug substance abuse

service offered by such person, agency or facility. Any evaluation

report submitted to the court pursuant to this subsection shall be

handled in a manner which will keep such report confidential from

the general public’s review. Nothing contained in this subsection

shall be construed to prohibit the court from ordering judgment and

sentence and any other sanction authorized by law for failure or

refusal to comply with an order of the court.