Okla. Stat. tit. 37A, § 37A-6-126: Arrest of license holders - Notice to ABLE Commission -
Where this section sits in the code
- OK Code
- Title 37A
Circumstances for immunity from prosecution.
A. All law enforcement officers, upon the arrest of any holder
of a license issued by the ABLE Commission for a violation of any
state law or municipal ordinance in which the violation of any
alcoholic beverage law had any part, shall immediately notify the
ABLE Commission thereof. Such officers shall notify the ABLE
Commission of any acts, practices or other conduct of any such
licensee which may be subversive to the general welfare or contrary
to the spirit of the Oklahoma Alcoholic Beverage Control Act and
shall recommend appropriate action to be taken by the ABLE
Commission or the Oklahoma Tax Commission.
B. A peace officer may not take a person into custody based
solely on the commission of an offense involving alcohol described
in subsection C of this section if the law enforcement officer,
after making a reasonable determination and considering the facts
and surrounding circumstances, reasonably believes that all of the
following apply:
1. The law enforcement officer has contact with the person
because the person requested emergency medical assistance for an
individual who reasonably appeared to be in need of medical
assistance due to alcohol consumption; and
2. The person:
a. provided the person's full name and any other relevant
information requested by the law enforcement officer,
b. remained at the scene with the individual who
reasonably appeared to be in need of medical
assistance due to alcohol consumption until emergency
medical assistance arrived, and
c. cooperated with emergency medical assistance personnel
and law enforcement officers at the scene.
C. A person who meets the criteria of subsection B of this
section is immune from criminal prosecution for an offense under
subsection D of Section 141 of this act if the offense involved a
state of intoxication caused by the person's use of alcohol or if
the offense involved the person being, or becoming, intoxicated as a
result of the person's use of alcohol.
D. A person may not initiate or maintain an action against a
peace officer or the employing political subdivision based on the
officer's compliance or failure to comply with this section.
E. For the purposes of this section, "peace officer" shall have
the same meaning as defined in Section 99 of Title 21 of the
Oklahoma Statutes.
Collected 2026-09-14T18:32:36Z. Source file · JSON