{"data":{"id":"us-ok/okla.-stat.-tit.-3-3-303","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 3, § 3-303","heading":"Drawing or collecting of specimens - Use as evidence -","body":"Independent tests.\n\nA. Only a licensed medical doctor, licensed osteopathic\n\nphysician, licensed chiropractic physician, registered nurse,\n\nlicensed practical nurse, physician's assistant, certified by the\n\nState Board of Medical Licensure and Supervision, an employee of a\n\nhospital or other health care facility authorized by the hospital or\n\nhealth care facility to withdraw blood, or other qualified person\n\nauthorized by the Board of Tests for Alcohol and Drug Influence\n\nacting at the request of a law enforcement officer may withdraw\n\nblood for purpose of having a determination made of its\n\nconcentration of alcohol or other intoxicant. Only qualified\n\npersons authorized by the Board may collect breath, saliva or urine,\n\nor administer tests of breath under the provisions of Sections 301\n\nthrough 308 of this title.\n\nB. No person specified in subsection A of this section, no\n\nemployer of such a person, and no hospital or other health care\n\nfacility where blood is withdrawn, shall incur any civil or criminal\n\nliability as a result of the proper withdrawal of blood when acting\n\nat the request of a law enforcement officer pursuant to the\n\nprovisions of Section 302 or 304 of this title, if the withdrawal of\n\nblood is performed in a reasonable manner according to generally\n\naccepted clinical practice. If the person specified in subsection A\n\nof this section is presented with a written statement by the person\n\nwhose blood is to be withdrawn or a duly authorized peace officer\n\nthat the person whose blood is to be withdrawn has agreed to the\n\nwithdrawal of blood or an order from a court of competent\n\njurisdiction that blood be withdrawn, the person authorized to\n\nwithdraw the blood and the hospital or other health care facility\n\nwhere the withdrawal occurs may rely on such a statement or order as\n\nevidence that the person has consented to or has been required to\n\nsubmit to the clinical procedure and shall not require the person to\n\nsign any additional consent or waiver form. In such a case, the\n\nperson authorized to perform the procedure, the employer of such\n\nperson, and the hospital or other health care facility shall not be\n\nliable in any action alleging lack of consent or lack of informed\n\nconsent. No person specified in subsection A of this section shall\n\nincur any civil or criminal liability as a result of the proper\n\ncollection of breath, saliva or urine when acting at the request of\n\na law enforcement officer under the provisions of Section 302 or 304\n\nof this title or when acting pursuant to court order.\n\nC. The blood, breath, saliva or urine specimens obtained shall\n\nbe tested by the appropriate test as determined by the Board, or\n\ntested by a laboratory that is exempt from the Board rules pursuant\n\nto Section 759 of Title 47 of the Oklahoma Statutes, to determine\n\nthe alcohol concentration thereof, or the presence and concentration\n\nof any other intoxicant which might have affected the ability of the\n\nperson tested to operate an aircraft safely.\n\nD. When blood is withdrawn or saliva or urine is collected for\n\ntesting of its alcohol or other intoxicant concentration, at the\n\nrequest of a law enforcement officer, a sufficient quantity of the\n\nsame specimen shall be obtained to enable the tested person, at his\n\nor her own option and expense, to have an independent analysis made\n\nof such specimen. The excess blood, saliva or urine specimen shall\n\nbe retained by a laboratory approved by the Board, in accordance\n\nwith the rules and regulations of the Board, or by a laboratory that\n\nis exempt from the Board rules pursuant to Section 759 of Title 47\n\nof the Oklahoma Statues, for sixty (60) days from the date of\n\ncollection. At any time within that period, the tested person or\n\nhis or her attorney may direct that such blood, saliva or urine\n\nspecimen be sent or delivered to a laboratory of his or her own\n\nchoosing and approved by the Board for an independent analysis.\nory that\n\nis exempt from the Board rules pursuant to Section 759 of Title 47\n\nof the Oklahoma Statues, for sixty (60) days from the date of\n\ncollection. At any time within that period, the tested person or\n\nhis or her attorney may direct that such blood, saliva or urine\n\nspecimen be sent or delivered to a laboratory of his or her own\n\nchoosing and approved by the Board for an independent analysis.\n\nNeither the tested person, nor any agent of such person, shall have\n\naccess to the additional blood, saliva or urine specimen prior to\n\nthe completion of the independent analysis, except the analyst\n\nperforming the independent analysis and agents of the analyst.\n\nE. When a test of breath is performed for the purpose of\n\ndetermining the alcohol concentration thereof, except when such test\n\nis performed by means of an automated analyzer as designated by the\n\nBoard, a sufficient quantity of breath, or of the alcohol content of\n\na fixed or measured quantity of breath, shall be obtained, in\n\naccordance with the rules and regulations of the Board, to enable\n\nthe tested person, at his or her own option and expense, to have an\n\nindependent analysis made of such specimen. The excess specimen of\n\nbreath, or of its alcohol content, shall be retained by the law\n\nenforcement agency employing the arresting officer, in accordance\n\nwith the rules and regulations of the Board, for sixty (60) days\n\nfrom the date of collection. At any time within that period, the\n\ntested person, or his or her attorney, may direct that such specimen\n\nbe sent or delivered to a laboratory of his or her own choosing and\n\napproved by the Board for an independent analysis. Neither the\n\ntested person, nor any agent of such person, shall have access to\n\nthe additional specimen of breath, or of its alcohol content, prior\n\nto the completion of the independent analysis thereof, except the\n\nanalyst performing the independent analysis and agents of the\n\nanalyst.\n\nF. The costs of collecting blood, breath, saliva or urine\n\nspecimens for the purpose of determining the alcohol or other\n\nintoxicant thereof, by or at the direction of a law enforcement\n\nofficer, shall be borne by the law enforcement agency employing such\n\nofficer. The cost of collecting, retaining and sending or\n\ndelivering to an independent laboratory the excess specimens of\n\nblood, breath, saliva or urine for independent analysis at the\n\noption of the tested person shall also be borne by such law\n\nenforcement agency. The cost of the independent analysis of such\n\nspecimen of blood, breath, saliva or urine shall be borne by the\n\ntested person at whose option such analysis is performed. The\n\ntested person, or his or her agent, shall make all necessary\n\narrangements for the performance of such independent analysis other\n\nthan the forwarding or delivery of such specimen.\n\nG. Tests pursuant to the provisions of Sections 301 through 308\n\nof this title, whether administered by or at the direction of a law\n\nenforcement officer or administered independently, at the option of\n\nthe tested person, on the excess specimen of such person's blood,\n\nbreath, saliva or urine, to be considered valid and admissible in\n\nevidence under the provisions of this section and Section 305 of\n\nthis title, shall have been administered or performed in accordance\n\nwith the rules and regulations of the Board, or performed by a\n\nlaboratory that is exempt from the Board rules pursuant to Section\n\n759 of Title 47 of the Oklahoma Statutes.\n\nH. Any person who has been arrested for any offense arising out\n\nof acts alleged to have been committed while the person was under\n\nthe influence of an intoxicant and was operating an aircraft, who is\n\nnot requested by a law enforcement officer to submit to a test shall\n\nbe entitled to have an independent test of his or her blood, breath,\n\nsaliva or urine which is appropriate as determined by the Board for\nrson who has been arrested for any offense arising out\n\nof acts alleged to have been committed while the person was under\n\nthe influence of an intoxicant and was operating an aircraft, who is\n\nnot requested by a law enforcement officer to submit to a test shall\n\nbe entitled to have an independent test of his or her blood, breath,\n\nsaliva or urine which is appropriate as determined by the Board for\n\nthe purpose of determining its alcohol concentration or of any other\n\nintoxicant therein, performed by a person of his or her own choosing\n\nwho is qualified as stipulated in this section. The arrested person\n\nshall bear the responsibility for making all necessary arrangements\n\nfor the administration of such independent test and for the\n\nindependent analysis of any specimens obtained, and bear all costs\n\nthereof. The failure or inability of the arrested person to obtain\n\nan independent test shall not preclude the admission of other\n\ncompetent evidence bearing upon the question of whether such person\n\nwas under the influence of an intoxicant.\n\nI. A written report of the results of the test administered by\n\nor at the direction of the law enforcement officer shall be made\n\navailable to the tested person, or his or her attorney, to the law\n\nenforcement agency employing the arresting officer, the district\n\nattorney of the county in which the alleged violation of Section 301\n\nof this title occurred, and to the Federal Aviation Administration\n\nFlight Standards District Office having jurisdiction over the county\n\nin which the alleged violation of Section 301 of this title\n\noccurred. The results of the tests provided for in this title shall\n\nbe admissible in civil actions.","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":"b90b11e9d6058145b256a4c327e947f656ca543a511b07fffd6b5c1235cb2590","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-3-3-302","next":"us-ok/okla.-stat.-tit.-3-3-304"},"notice":"GroundRules: Original legal text. Not legal advice."}