House Bill 1452 Amends 47 O.S. 2001, Section 6-111, as last amended by Section 2, Chapter 388, O.S.L. 2009 (47 O.S. Supp. 2010, Section 6-111) to include a person who has been found guilty of a violation of any provision of Section 761 or 11-902 of this title or any person pleading guilty or nolo contendere for a violation of any provision of such sections shall be issued a driver license bearing the words “DUI/DWI Offender”.
If the person is eighteen years of age or older, the designation shall remain on the driver license of the person for as long as the person retains driving privileges in the State of Oklahoma. If the person is eighteen years of age or younger, the designation shall remain on the driver license of the person for a period of not less than four years.
If the person has received multiple convictions for a violation of Section 761 or 11-902 of this title, the license shall bear the words “Repeat DUI/DWI Offender” and shall remain on the driver license of the person for as long as the person retains driving privileges in the State of Oklahoma.
§47-11-902 states it is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings that a person who is operating a motor vehicle with a blood alcohol level of .08 or more.
This means if you are convicted of a DUI/DWI then you will have “DUI/DWI Offender” on your driver license for as long as you have one in Oklahoma. That is if you 18 or older. Interestingly, if you 18 or younger it may only be on your driver license 4 years or more. 18 or older and 18 or younger both cover the age of 18.
This law also covers APC or Actual Physical Control of a vehicle as noted is OS §47-11-902. APC covers things like sleeping in a car while being intoxicated. The Court of Criminal Appeals has stated that, by adding the words "actual physical control," the Legislature intended to apply the law to persons who control a vehicle but who may not have put the vehicle into motion. A Montana case, State v. Ruona, 133 Mont. 243, 321 P.2d 615 (1958), involving an identical statute is cited as illustration. In Ruona, the defendant was found intoxicated behind the wheel of a vehicle with the motor running, but no evidence could be adduced that the defendant had driven the vehicle. The Oklahoma court indicated that the defendant could not have been convicted of driving while under the influence but could be convicted of being in actual physical control while under the influence. See also Wofford v. State, 739 P.2d 543 (Okl. Cr. 1987) (defendant was sleeping in driver's seat); Kyle v. State, 722 P.2d 1218, 1219 (Okl. Cr. 1986) (evidence that defendant exited vehicle on the driver's side was sufficient for inference of actual physical control); Mason v. State, 603 P.2d 1146, 1147 (Okl. Cr. 1979) (defendant was unconscious behind the steering wheel of a vehicle with its engine running); Hughes v. State, 535 P.2d 1023 (Okl. Cr. 1975) (defendant was unconscious behind steering wheel); Cudjoe v. State, 521 P.2d 409 (Okl. Cr. 1974) (defendant was asleep behind wheel); Crane v. State, 461 P.2d 986 (Okl. Cr. 1969); Parker v. State, 424 P.2d 997 (Okl. Cr. 1967).
This bill has passed the house 98 to 0 and referred to Senate Judiciary Committee on March 14 2011.