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
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. Added by Laws 1967, c. 86, § 3, eff. Jan. 1, 1969. Amended by Laws 1975, c. 119, § 2, emerg. eff. May 13, 1975; Laws 1982, c. 273, § 6, operative Oct. 1, 1982; Laws 1982, c. 294, § 4, operative July 1, 1982; Laws 1985, c. 118, § 1, eff. Nov. 1, 1985; Laws 1988, c. 242, § 10, eff. Nov. 1, 1988; Laws 1993, c. 238, § 6, emerg. eff. May 26, 1993; Laws 1999, c. 106, § 7, emerg. eff. April 19, 1999; Laws 2006, c. 173, § 6, eff. July 1, 2006; Laws 2015, c. 131, § 1, eff. Nov. 1, 2015; Laws 2017, c. 392, § 12, eff. Nov. 1, 2017; Laws 2019, c. 400, § 14, eff. Nov. 1, 2019; Laws 2022, c. 376, § 6, eff. Nov. 1, 2022; Laws 2023, c. 310, § 23, eff. July 1, 2023; Laws 2025, c. 418, § 2, emerg. eff. May 28, 2025.
Notes of Decisions
Cited in
48
cases (
2 in the last 5 years), 1969–2025 · leading case:
Hunsucker v. Fallin, 2017 OK 100 (Okla. 2017).
Hunsucker v. Fallin, 2017 OK 100 (Okla. 2017).
· cites it 6× “643, § 12, amends 47 O.S.2011 § 753, as amended by section 1, Ch.”
Chandler v. State Ex Rel. Dept. of Pub. Saf., 2017 OK CIV APP 47 (Okla. Civ. App. 2017).
· cites it 17× “District Court Review Proceedings ¶5 On April 7, 2014, Chandler filed a cash bond to stay the DPS Order and a petition to set it aside in the Tulsa County District Court, alleging DPS "failed to comply with the mandate in 47 O.S. § 753" and "the failure of the affidavit marked…”
State v. Shepherd, 840 P.2d 644 (Okla. Crim. App. 1992).
· cites it 8× “Whatever the case, such actual restraints must take place before the individual's blood is drawn, or he will not have been under arrest and the blood will have been taken in violation of the implied consent statute.”
Cripps v. State, 2016 OK CR 14 (Okla. Crim. App. 2016).
· cites it 4× “Title 47 O.S.Supp.1988, § 753 allows an officer to take blood against the objections of a conscious person whom he has placed under arrest when, "the investigating officer has probable cause to believe that the person under arrest, while intoxicated, has operated his motor…”
Marquardt v. Webb, 545 P.2d 769 (Okla. 1976).
· cites it 6× “Thus, Appellant contends that under 47 O.S. § 753 the Department of Public Safety was without jurisdiction, as the statute requires a showing of a valid and legal arrest.”
Harris v. State, 773 P.2d 1273 (Okla. Crim. App. 1989).
· cites it 4× “McCullick relied upon prior cases and the 1983 version of 47 O.S.Supp. 1983, § 753, which granted an absolute right to one arrested for DUI to refuse to submit to an alcohol test, with the attendant consequence of revocation of their driver's license.”
Stewart v. State, 2019 OK CR 6 (Okla. Crim. App. 2019).
· cites it 2× “2011, § 10-104(B); see also 47 O.S.2011, § 753 ("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").”
Jonathan Albert Leal v. State, 452 S.W.3d 14 (Tex. App. 2014).
· cites it 2× “191 (Westlaw) (allowing officer to employ “whatever reasonable means are necessary” to ensure submission; providing officers with criminal and civil immunity); Okla. Stat. Ann. tit. 47, § 753 (Westlaw); Or.”
Stewart v. State, 442 P.3d 158 (Okla. Crim. App. 2019).
“2011, § 10-104(B) ; see also 47 O.S.2011, § 753 ("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").”
Robertson v. State Ex Rel. Lester, 501 P.2d 1099 (Okla. 1972).
· cites it 2× “The driving privilege of Appellant was revoked by the Commissioner of the Department of Public Safety for a period of six months in accordance with 47 O.S.1971, § 753. A hearing before the Commissioner upon the order of revocation was requested by Appellant.”
Sartin v. State, 617 P.2d 219 (Okla. Crim. App. 1980).
· cites it 2× “1975 § 752); 2) that if motorist refuses, no test will be given (47 O.S.Supp. 1975 § 753), although 3) his privilege to drive may then be lost (47 O.”
Application of Baggett, 531 P.2d 1011 (Okla. 1974).
· cites it 2× “’ ” Officer Grissom filed an affidavit with the Commissioner of Public Safety to invoke 47 O.S.1971, § 753. Pursuant to this affidavit, the Assistant Commissioner of Public Safety conducted a hearing on December 16, 1971, which resulted in an order revoking Appellant’s drivers…”
Okla. Stat. tit. 47, § 753(A): 1 case
Chandler v. State Ex Rel. Dept. of Pub. Saf., 2017 OK CIV APP 47 (Okla. Civ. App. 2017).
“District Court Review Proceedings ¶5 On April 7, 2014, Chandler filed a cash bond to stay the DPS Order and a petition to set it aside in the Tulsa County District Court, alleging DPS "failed to comply with the mandate in 47 O.S. § 753" and "the failure of the affidavit marked…”
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