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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 63, § 63-4210.13: Criminal trials - Use of alcohol or drug tests as

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  1. OK Code
  2. Title 63

evidence.

A. Upon the trial of any criminal action or proceeding arising

out of acts alleged to have been committed by any person while

operating or in actual physical control of a vessel while under the

influence of alcohol or any other intoxicating substance, or the

combined influence of alcohol and any other intoxicating substance,

evidence of the alcohol concentration in the blood or breath of the

person as shown by analysis of the blood or breath of the person

performed in accordance with the provisions of Section 4 of this act

and Section 759 of Title 47 of the Oklahoma statutes or evidence of

the presence or concentration of any other intoxicating substance as

shown by analysis of such person's blood, breath, saliva, or urine

specimens in accordance with the provisions of Section 4 of this act

and Section 759 of Title 47 of the Oklahoma Statutes shall be

admissible. Evidence that the person has refused to submit to

either of said analyses is also admissible. For the purpose of this

section, when the person is under the age of twenty-one (21) years,

evidence that there was, at the time of the test, any measurable

quantity of alcohol is prima facie evidence that the person was

under the influence of alcohol in violation of Section 3 of this

act. For persons twenty-one (21) years of age or older:

1. Evidence that there was, at the time of the test, an alcohol

concentration of seven-hundredths (0.07) or less is prima facie

evidence that the person was not under the influence of alcohol; and

2. Evidence that there was, at the time of the test, an alcohol

concentration of eight-hundredths (0.08) or more shall be admitted

as prima facie evidence that the person was under the influence of

alcohol.

B. For purposes of this section, "alcohol concentration" means

grams of alcohol per one hundred (100) milliliters of blood if the

blood was tested, or grams of alcohol per two hundred ten (210)

liters of breath if the breath was tested.

C. To be admissible in a proceeding, the evidence shall first

be qualified by establishing that the test was administered to the

person within two (2) hours after the arrest of the person.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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