{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-751","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-751","heading":"Implied consent to breath test, blood test or other test","body":"for determining presence or concentration of alcohol or other\n\nintoxicating substance.\n\nA. 1. Any person who operates a motor vehicle upon the public\n\nroads, highways, streets, turnpikes or other public place or upon\n\nany private road, street, alley or lane which provides access to one\n\nor more single or multi-family dwellings within this state shall be\n\ndeemed 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 756 of this title, and such\n\nperson's blood, saliva or urine for determining the presence or\n\nconcentration of any other intoxicating substance therein as defined\n\nin this section, if arrested for any offense arising out of acts\n\nalleged to have been committed while the person was operating or in\n\nactual physical control of a motor vehicle upon the public roads,\n\nhighways, streets, turnpikes or other public place or upon any\n\nprivate road, street, alley or lane which provides access to one or\n\nmore single or multi-family dwellings while under the influence of\n\nalcohol or other intoxicating substance, or the combined influence\n\nof alcohol and any other intoxicating substance, or if the person is\n\ninvolved in a traffic accident that resulted in the immediate death\n\nor serious injury of any person and is removed from the scene of the\n\naccident to a hospital or other health care facility outside the\n\nState of Oklahoma before a law enforcement officer can effect an\n\narrest.\n\n2. A law enforcement officer, having reasonable grounds to\n\nbelieve that such person was operating or in actual physical control\n\nof a motor vehicle while under the influence may direct the\n\nadministration of or administer the test or tests.\n\nAs used in this title, the term \"other intoxicating substance\"\n\nshall mean any controlled dangerous substance as defined in the\n\nUniform Controlled Dangerous Substances Act and any other substance,\n\nother than alcohol, which is capable of being ingested, inhaled,\n\ninjected or absorbed into the human body and is capable of adversely\n\naffecting the central nervous system, vision, hearing or other\n\nsensory or motor functions.\n\nB. The law enforcement agency by which the arresting officer is\n\nemployed may designate, in accordance with the rules of the Board of\n\nTests for Alcohol and Drug Influence, hereinafter referred to as the\n\nBoard, whether blood or breath is to be tested for the alcohol\n\nconcentration thereof, and whether blood, saliva or urine is to be\n\ntested for the presence or concentration of any other intoxicating\n\nsubstance therein.\n\nIn the event that law enforcement agency does not designate the\n\ntest to be administered, breath shall be the substance tested for\n\nalcohol concentration. Blood may also be tested to determine the\n\nalcohol concentration thereof in the event that breath cannot be\n\ntested to determine the alcohol concentration thereof because of the\n\nlack of an approved device or qualified person to administer a\n\nbreath test or because such breath test for any other reason cannot\n\nbe administered in accordance with the rules of the Board.\n\nIn the event the law enforcement agency does not designate the\n\ntest to be administered, blood, saliva or urine shall be the\n\nsubstance tested for the presence or concentration of any other\n\nintoxicating substance or the combination of alcohol and any other\n\nintoxicating substance.\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 of the 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 or\nury or other\n\nphysical disability, the test to be administered, an alternate test\n\nmay be administered in accordance with the rules of the 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 or\n\nconcentration of any other intoxicating substance therein, shall be\n\ndeemed not to have withdrawn the consent provided by subsection A of\n\nthis section, and such test may be administered as provided herein.\n\nAn unconscious person who has been issued a citation by a law\n\nenforcement officer for one of the offenses listed in subsection A\n\nof this section is arrested for purposes of this section. The\n\narresting officer must leave a copy of the citation with the\n\narrested person which may be accomplished by handing it to the\n\narrested person, or by leaving it with the personal effects of the\n\narrested party, so as to inform the unconscious person of the\n\narrest.\n\nAny person who has been arrested for one of the offenses listed\n\nin subsection A of this section who is unconscious or injured and\n\nwho requires immediate medical treatment as determined by a treating\n\nphysician may be released on the person's own recognizance for\n\nmedical reasons by the arresting officer. The arresting officer who\n\nreleases an arrested person on the person's own recognizance must\n\nindicate the release on the face of the citation. Any person\n\nreleased on his or her own recognizance for medical reasons shall\n\nremain at liberty pending the filing of charges.\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, or the\n\npresence or concentration of any other intoxicating substance or the\n\ncombination of alcohol and any other intoxicating substance. The\n\ncost of such additional test shall be at the expense of the arrested\n\nperson.\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 rules applicable to the\n\nspecimens obtained by an arresting officer.\n\nF. When a law enforcement officer has determined that the blood\n\nalcohol content of an individual is to be tested for the presence or\n\nconcentration of alcohol, other intoxicating substance, or the\n\ncombination of alcohol and any other intoxicating substance, the law\n\nenforcement officer shall inform the individual to be tested that\n\nthe withdrawal of blood shall only be performed by certain medical\n\npersonnel as provided for in Section 752 of this title.\n\nG. The results of the tests provided for in this title shall be\n\nadmissible in all civil actions, including administrative hearings\n\nregarding driving privileges.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"27631dcc0b8bf7bfbb570dc63228ae387881dbc8bbe8fda37c2ddaee51567119","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-702","next":"us-ok/okla.-stat.-tit.-47-47-752"},"notice":"GroundRules: Original legal text. Not legal advice."}