{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-6-126","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-6-126","heading":"Arrest of license holders - Notice to ABLE Commission -","body":"Circumstances for immunity from prosecution.\n\nA. All law enforcement officers, upon the arrest of any holder\n\nof a license issued by the ABLE Commission for a violation of any\n\nstate law or municipal ordinance in which the violation of any\n\nalcoholic beverage law had any part, shall immediately notify the\n\nABLE Commission thereof. Such officers shall notify the ABLE\n\nCommission of any acts, practices or other conduct of any such\n\nlicensee which may be subversive to the general welfare or contrary\n\nto the spirit of the Oklahoma Alcoholic Beverage Control Act and\n\nshall recommend appropriate action to be taken by the ABLE\n\nCommission or the Oklahoma Tax Commission.\n\nB. A peace officer may not take a person into custody based\n\nsolely on the commission of an offense involving alcohol described\n\nin subsection C of this section if the law enforcement officer,\n\nafter making a reasonable determination and considering the facts\n\nand surrounding circumstances, reasonably believes that all of the\n\nfollowing apply:\n\n1. The law enforcement officer has contact with the person\n\nbecause the person requested emergency medical assistance for an\n\nindividual who reasonably appeared to be in need of medical\n\nassistance due to alcohol consumption; and\n\n2. The person:\n\na. provided the person's full name and any other relevant\n\ninformation requested by the law enforcement officer,\n\nb. remained at the scene with the individual who\n\nreasonably appeared to be in need of medical\n\nassistance due to alcohol consumption until emergency\n\nmedical assistance arrived, and\n\nc. cooperated with emergency medical assistance personnel\n\nand law enforcement officers at the scene.\n\nC. A person who meets the criteria of subsection B of this\n\nsection is immune from criminal prosecution for an offense under\n\nsubsection D of Section 141 of this act if the offense involved a\n\nstate of intoxication caused by the person's use of alcohol or if\n\nthe offense involved the person being, or becoming, intoxicated as a\n\nresult of the person's use of alcohol.\n\nD. A person may not initiate or maintain an action against a\n\npeace officer or the employing political subdivision based on the\n\nofficer's compliance or failure to comply with this section.\n\nE. For the purposes of this section, \"peace officer\" shall have\n\nthe same meaning as defined in Section 99 of Title 21 of the\n\nOklahoma Statutes.","path":["OK Code","Title 37A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os37A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"da395d9e8dfba8e603f718414f10a3e58789a482c6349d78256bf48d92c4c342","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-6-125","next":"us-ok/okla.-stat.-tit.-37a-37a-6-127"},"notice":"GroundRules: Original legal text. Not legal advice."}
