§ 11-28-102b — Alcohol and drug abuse evaluation and assessment

program. In cases where a person has been convicted of violating a municipal ordinance relating to driving a motor vehicle under the influence of alcohol or other intoxicating substance, the person shall be ordered to participate in, prior to sentencing, an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person. The municipal court shall order the person to reimburse the agency or assessor for the evaluation and assessment. The fee for an evaluation and assessment shall be the amount provided in subsection C of Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation and assessment shall be conducted at a certified assessment agency, the office of a certified assessor or at another location as ordered by the municipal court. The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the municipal court for the purpose of assisting the municipal court in its final sentencing determination. If such report indicates that the evaluation and assessment 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 municipal court shall, as a condition of any sentence imposed require the person to follow all recommendations identified by the evaluation and assessment and ordered by the municipal court. Any evaluation and assessment report submitted to the municipal court pursuant to the provisions of this subsection shall be handled in a manner which will keep such report confidential from review by the general public. Nothing contained in this section shall be construed to prohibit the municipal court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the municipal court to obtain the evaluation and assessment required by this section. If the defendant fails or refuses to comply with an order of the municipal court to obtain the evaluation and assessment, the Department of Public Safety shall not reinstate driving privileges until the defendant has complied in full with such order.

Legislative History

Added by Laws 2010, c. 219, § 2, eff. Nov. 1, 2010.