{"data":{"id":"us-ok/okla.-stat.-tit.-3-3-305","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 3, § 3-305","heading":"Admissibility of evidence - Evidence of intoxication","body":"A. Upon the trial of any criminal action or proceeding arising\n\nout of acts alleged to have been committed by any person while\n\noperating an aircraft while the person was under the influence of an\n\nintoxicant, evidence of the alcohol concentration in the blood or\n\nbreath of the person as shown by analysis of the blood or breath of\n\nthe person performed in accordance with the provisions of Sections 2\n\nand 4 of this act or evidence of the presence and concentration of\n\nany other intoxicant as shown by analysis of such person's blood,\n\nbreath, saliva, or urine specimens in accordance with the provisions\n\nof Sections 2 and 4 of this act is admissible. Evidence that the\n\nperson has refused to submit to either of said analyses is also\n\nadmissible.\n\nB. For the purpose of Sections 1 through 8 of this act:\n\n1. Evidence that there was an alcohol concentration of less\n\nthan four-hundredths (0.04) is prima facie evidence that the person\n\nwas not under the influence of alcohol;\n\n2. Evidence that there was an alcohol concentration of four-\n\nhundredths (0.04) or more shall be admitted as prima facie evidence\n\nthat the person was under the influence of alcohol.\n\nC. As used in Sections 1 through 8 of this act, alcohol\n\nconcentration shall mean grams of alcohol per one hundred (100)\n\nmilliliters of blood if the blood was tested, or grams of alcohol\n\nper two hundred ten (210) liters of breath if the breath was tested.\n\nD. To be admissible in a criminal action or proceeding,\n\nevidence of alcohol concentration shall first be qualified by\n\nestablishing that such test was administered to the person within\n\ntwo (2) hours after the arrest of the person.","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":"2f387e3514b75dc2adf781e894682396ccebe0f561fea695fc3d7d22326c2d0b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-3-3-304","next":"us-ok/okla.-stat.-tit.-3-3-306"},"notice":"GroundRules: Original legal text. Not legal advice."}