SB 712 Slipped Past Us Last Year and
Rep. Chris Kannady Turns Drunk Drivers Loose Upon Oklahoma
An amazingly bad piece of legislation got past us last year, authored by Rep Chris Kannady, funded no doubt by his campaign donation shakedown of the big law firms. This bill turns loose drunk drivers by severely limiting the use of driver booze interlocks, stopping the license suspension and/or requiring driver booze interlocks on those that receive deferred sentences, requiring a final conviction of a DUI offense or other drunk driving offense before suspending a license rather than a jury trial result or judicial sentence, eliminates the bond for appeals, and it drops the mandatory one year license suspension to 180 days after conviction.
For second offenses the law that was passed dropped the license suspension from two years down to one year. For two or more offenses after the first the bill dropped the booze interlock device period from four years down to three years or less if the driver completed a drunk driving program and it removes the requirement that the driver have no violations for two years before the booze interlock can be removed. The bill also gutted the automatic revocation of licenses for refusing to take a blood alcohol test or the failure of such test.
The law also prevents a petition for modification from being heard if the petition wasn't filed timely or considering the driver's previous driving record, and the bill removed the requirement of a cash bond being paid if the driver wants to appeal a decision to revoke a license.
The law also removed a clause that required that all conditions and terms of the revocation be completed before the license is re instated. An example would be paying any fines and fees due the court in the case or completing drunk driver classes or community service that was part of the sentence.
The law also eliminated an Impaired Driver Accountability Program which required the installation of the booze interlock. The law was also changed to allow the drunk driver to request or be referred to a medical evaluation and help program, in fact, it now requires a doctor's sign off to force drunk drivers into a treatment program rather than the court requiring participation in the drunk driver programs.
The bill also strips away the right of the Department of Public Safety to revoke a license if the drunk driver receives violations on his booze interlock and for restrictive licenses that allow the drunk driver to drive to work, school, or pick up kids from a day care it strips the requirement that a booze interlock be installed.
The law also removed a misdemeanor criminal charge for anyone that allowed a drunk driver who is on a booze interlock program to drive their car, it is forbidden but the criminal penalties are removed. Likewise for tampering with a booze interlock or for not returning the interlock once the restriction is removed. The fine and six month jail sentence has been removed.
The ability of a judge to impose a booze interlock as a condition of bail bond for those arrested on a second or more drunk driving charge has been removed. Who is allowed to collect blood or other samples is also restricted by the law.
And the law removed the criminal charge of refusing to take a blood or breath test, removing the $1000 fine and the ten days in jail. The bill also forces law enforcement to offer a blood or breath test, take the samples before two hours has passed from the original traffic stop, and to warn the driver that their license will be revoked if alcohol is found for under 21 drivers and over .08 BAC for over 21 drivers.
This is basically new Miranda rights for drunk drivers. In a bill authored and pushed by Comrade Chris Kannady in return for what is most likely campaign donations and PAC donations. Kannady is a lame duck these days so he appears to be focusing on reviving power by selling access like this to the big law firms.
