This is the first of a five-part series discussing new laws related to criminal defense that go into effect November 1, 2016.
This post discusses HB 3146, which affects the ability of some cities to charge individuals with DUI. When this bill goes into effect, only the cities of Oklahoma City and Tulsa will be able to charge someone with a DUI. A DUI arrest in every other city will have to be prosecuted by the county.
The bill requires cities without a court of record to pass that individual along to the county for prosecution. Only Tulsa and Oklahoma City have courts of record, so they are the only cities that will still be able to prosecute DUIs. This bill was passed because people were racking up DUIs in municipalities and never getting charged with a felony. In Oklahoma, the second DUI is supposed to be charged as a felony.
This bill also creates a database that would inform officers and prosecutors about a person’s drunken driving arrest record.
Here is the entire text of the law: http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB3146%20ENR.PDF.
Article discussing the bill: http://newsok.com/article/5483573.