{"data":{"id":"us-ok/okla.-stat.-tit.-3-3-302","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 3, § 3-302","heading":"Tests to determine concentration of intoxicants - Implied","body":"consent.\n\nA. Any person who operates an aircraft within this state shall\n\nbe deemed to have given consent to a test or tests of such person's\n\nblood or breath, for the purpose of determining the alcohol\n\nconcentration as defined in Section 5 of this act, and such person's\n\nblood, saliva or urine for determining the presence and\n\nconcentration of any other intoxicant therein as defined in Section\n\n1 of this act, if arrested for any offense arising out of acts\n\nalleged to have been committed while the person was operating an\n\naircraft within this state while the person was under the influence\n\nof an intoxicant. The test shall be administered by or at the\n\ndirection of a law enforcement officer after having arrested such\n\nperson and having reasonable grounds to believe that such person was\n\noperating an aircraft within this state while under the influence of\n\nan intoxicant.\n\nB. The law enforcement agency by which the arresting officer is\n\nemployed may designate, in accordance with the rules and regulations\n\nof the Board of Tests for Alcohol and Drug Influence, hereinafter\n\nreferred to as the Board, whether blood or breath is to be tested\n\nfor the alcohol concentration thereof, and whether blood, saliva or\n\nurine is to be tested for the presence and concentration of any\n\nother intoxicant therein. In the event the law enforcement agency\n\ndoes not designate the test to be administered, breath shall be the\n\nsubstance tested for alcohol concentration. Blood may also be\n\ntested to determine the alcohol concentration thereof in the event\n\nthat breath cannot be tested to determine the alcohol concentration\n\nthereof because of the lack of an approved device or qualified\n\nperson to administer a breath test or because such breath test for\n\nany other reason cannot be administered in accordance with the rules\n\nand regulations of the Board. In the event the law enforcement\n\nagency does not designate the test to be administered, blood, saliva\n\nor urine shall be the substance tested for the presence and\n\nconcentration of any other intoxicant or the combination of alcohol\n\nand any other intoxicant therein.\n\nC. In the event the person is incapable of submitting to and\n\nsuccessfully completing, by reason of illness or injury or other\n\nphysical disability, the test to be administered, an alternate test\n\nmay be administered in accordance with the rules and regulations of\n\nthe Board.\n\nD. Any person who is unconscious or otherwise incapable of\n\nrefusing to submit to a test of such person's blood or breath to\n\ndetermine the alcohol concentration thereof, or to a test of such\n\nperson's blood, saliva or urine to determine the presence and\n\nconcentration of any other intoxicant therein, shall be deemed not\n\nto have withdrawn the consent provided by subsection A of this\n\nsection, and such test may be administered as provided herein.\n\nE. In addition to any test designated by the arresting officer,\n\nthe arrested person may also designate any additional test to be\n\nadministered to determine the concentration of alcohol, any other\n\nintoxicant or the combination of alcohol and any other intoxicant.\n\nThe cost of such additional test shall be at the expense of the\n\narrested person.\n\nA sufficient quantity of any specimen obtained at the\n\ndesignation of the arrested person shall be available to the law\n\nenforcement agency employing the arresting officer. Such specimens\n\nshall be treated in accordance with the same rules and regulations\n\napplicable to the specimens obtained by an arresting officer.","path":["OK Code","Title 3"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os3.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3b541c6839328eb60289be6fef48543826b90dc3c0c208338d1759e3cb1b1449","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-3-3-301","next":"us-ok/okla.-stat.-tit.-3-3-303"},"notice":"GroundRules: Original legal text. Not legal advice."}