{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-752v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-752v2","heading":"Administration of tests - Authorization - Liability -","body":"Laboratories - Independent analysis - Costs.\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 any\n\nstate's appropriate licensing authority, an employee of a hospital\n\nor other health care facility authorized by the hospital or health\n\ncare facility to withdraw blood, or individuals licensed in\n\naccordance with Section 1-2505 of Title 63 of the Oklahoma Statutes\n\nas an Intermediate Emergency Medical Technician, an Advanced\n\nEmergency Medical Technician or a Paramedic, acting within the scope\n\nof practice prescribed by their medical director, acting at the\n\nrequest of a law enforcement officer may withdraw blood for the\n\npurpose of having a determination made of its concentration of\n\nalcohol or the presence or concentration of other intoxicating\n\nsubstance. Only qualified persons authorized by the Board may\n\ncollect breath, saliva or urine, or administer tests of breath under\n\nthe provisions of this title.\n\nB. If the person authorized to withdraw blood as specified in\n\nsubsection A of this section is presented with a written statement:\n\n1. Authorizing blood withdrawal signed by the person whose\n\nblood is to be withdrawn;\n\n2. Signed by a duly authorized peace officer that the person\n\nwhose blood is to be withdrawn has agreed to the withdrawal of\n\nblood;\n\n3. Signed by a duly authorized peace officer that the person\n\nwhose blood is to be withdrawn has been placed under arrest and that\n\nthe officer has probable cause to believe that the person, while\n\nintoxicated, has operated a motor vehicle in such manner as to have\n\ncaused the death or serious physical injury of another person, or\n\nthe person has been involved in a traffic accident and has been\n\nremoved from the scene of the accident that resulted in the death or\n\ngreat bodily injury, as defined in subsection B of Section 646 of\n\nTitle 21 of the Oklahoma Statutes, of any person to a hospital or\n\nother health care facility outside the State of Oklahoma before the\n\nlaw enforcement officer was able to effect an arrest for such\n\noffense; or\n\n4. In the form of an order from a district court that blood be\n\nwithdrawn, the person authorized to withdraw the blood and the\n\nhospital or other health care facility where the withdrawal occurs\n\nmay rely on such a statement or order as evidence that the person\n\nhas consented to or has been required to submit to the clinical\n\nprocedure and shall not require the person to sign any additional\n\nconsent or waiver form. In such a case, the person authorized to\n\nperform the procedure, the employer of such person and the hospital\n\nor other health care facility shall not be liable in any action\n\nalleging lack of consent or lack of informed consent.\n\nC. Collection of a person's blood, to be considered valid and\n\nadmissible in evidence, whether performed by or at the direction of\n\na law enforcement officer or at the request of the tested person,\n\nshall have been performed by a person authorized to collect blood\n\npursuant to the provisions of subsection A of this section.\n\nAnalysis of a person's blood, to be considered valid and admissible\n\nin evidence, whether performed by or at the direction of a law\n\nenforcement officer or at the request of the tested person, shall\n\nhave been performed by a laboratory accredited in accordance with\n\nISO/IEC 17025 as defined in Section 150.37 of Title 74 of the\n\nOklahoma Statutes.\n\nD. Collection of a person's breath, to be considered valid and\n\nadmissible in evidence:\n\n1. Shall have been performed by an individual possessing a\n\nvalid permit issued by the Board of Tests for Alcohol and Drug\n\nInfluence for this purpose;\n\n2. Shall have been performed on a breath alcohol measurement\n\ndevice appearing on the most current conforming products list of\n\nsuch devices published by the United States Department of\nbreath, to be considered valid and\n\nadmissible in evidence:\n\n1. Shall have been performed by an individual possessing a\n\nvalid permit issued by the Board of Tests for Alcohol and Drug\n\nInfluence for this purpose;\n\n2. Shall have been performed on a breath alcohol measurement\n\ndevice appearing on the most current conforming products list of\n\nsuch devices published by the United States Department of\n\nTransportation in the Federal Register, and utilizing a calibrating\n\nunit appearing on the most current conforming products list of such\n\ndevices published by the United States Department of Transportation\n\nin the Federal Register;\n\n3. Shall have been performed on a device maintained by the\n\nBoard of Tests for Alcohol and Drug Influence; and\n\n4. Shall have been performed in accordance with the operating\n\nprocedure prescribed by the State Director of Tests or the Board of\n\nTests for Alcohol and Drug Influence.\n\nE. No person specified in subsection A of this section, no\n\nemployer of such 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 by the provisions of\n\nSection 751 or 753 of this title, or when acting in reliance upon a\n\nsigned statement or court order as provided in this section, if the\n\nact is performed in a reasonable manner according to generally\n\naccepted clinical practice. No person specified in subsection A of\n\nthis section shall incur any civil or criminal liability as a result\n\nof the proper collection of breath, saliva or urine when acting at\n\nthe request of a law enforcement officer under the provisions of\n\nSection 751 or 753 of this title or when acting pursuant to a court\n\norder.\n\nF. 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 this title, to determine the alcohol concentration\n\nthereof, or the presence or concentration of any other intoxicating\n\nsubstance which might have affected the ability of the person tested\n\nto operate a motor vehicle safely.\n\nG. When blood is withdrawn for testing of its alcohol\n\nconcentration or other intoxicating substance presence or\n\nconcentration, at the request of a law enforcement officer, a\n\nsufficient quantity of the same specimen shall be obtained 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 blood\n\nspecimen shall be retained by a laboratory approved by the Board in\n\naccordance with the rules and regulations of the Board or by a\n\nlaboratory that is exempt from the Board rules pursuant to Section\n\n759 of this title, for sixty (60) days from the date of collection.\n\nAt any time within that period, the tested person or his or her\n\nattorney may direct that such blood specimen be sent or delivered to\n\na laboratory of his or her own choosing and approved by the Board\n\nfor an independent analysis. Neither the tested person, nor any\n\nagent of such person, shall have access to the additional blood\n\nspecimen prior to the completion of the independent analysis, except\n\nthe analyst performing the independent analysis and agents of the\n\nanalyst.\n\nH. The costs of collecting blood specimens for the purpose of\n\ndetermining the alcohol or other intoxicating substance thereof, by\n\nor at the direction of a law enforcement officer, shall be borne by\n\nthe law enforcement agency employing such officer; provided, if the\n\nperson is convicted for any offense involving the operation of a\n\nmotor vehicle while under the influence of or while impaired by\n\nalcohol or an intoxicating substance, or both, as a direct result of\nining the alcohol or other intoxicating substance thereof, by\n\nor at the direction of a law enforcement officer, shall be borne by\n\nthe law enforcement agency employing such officer; provided, if the\n\nperson is convicted for any offense involving the operation of a\n\nmotor vehicle while under the influence of or while impaired by\n\nalcohol or an intoxicating substance, or both, as a direct result of\n\nthe incident which caused the collection of blood specimens, an\n\namount equal to the costs shall become a part of the court costs of\n\nthe person and shall be collected by the court and remitted to the\n\nlaw enforcement agency bearing the costs. The cost of collecting,\n\nretaining and sending or delivering to an independent laboratory the\n\nexcess specimens of blood for independent analysis at the option of\n\nthe tested person shall also be borne by such law enforcement\n\nagency. The cost of the independent analysis of such specimen of\n\nblood shall be borne by the tested person at whose option such\n\nanalysis is performed. The tested person, or his or her agent,\n\nshall make all necessary arrangements for the performance of such\n\nindependent analysis other than the forwarding or delivery of such\n\nspecimen.\n\nI. Tests of blood or breath for the purpose of determining the\n\nalcohol concentration thereof, and tests of blood for the purpose of\n\ndetermining the presence or concentration of any other intoxicating\n\nsubstance therein, under the provisions of this title, whether\n\nadministered by or at the direction of a law enforcement officer or\n\nadministered independently, at the option of the tested person, on\n\nthe excess specimen of such person's blood to be considered valid\n\nand admissible in evidence under the provisions of this title, shall\n\nhave been administered in accordance with Section 759 of this title.\n\nJ. Any person who has been arrested for any offense arising out\n\nof acts alleged to have been committed while the person was\n\noperating or in actual physical control of a motor vehicle while\n\nunder the influence of alcohol, any other intoxicating substance or\n\nthe combined influence of alcohol and any other intoxicating\n\nsubstance who is not requested by a law enforcement officer to\n\nsubmit to a test shall be entitled to have an independent test of\n\nhis or her blood for the purpose of determining its alcohol\n\nconcentration or the presence or concentration of any other\n\nintoxicating substance therein, performed by a person of his or her\n\nown choosing who is qualified as stipulated in this section. The\n\narrested person shall bear the responsibility for making all\n\nnecessary arrangements for the administration of such independent\n\ntest and for the independent analysis of any specimens obtained, and\n\nbear all costs thereof. The failure or inability of the arrested\n\nperson to obtain an independent test shall not preclude the\n\nadmission of other competent evidence bearing upon the question of\n\nwhether such person was under the influence of alcohol, or any other\n\nintoxicating substance or the combined influence of alcohol and any\n\nother intoxicating substance.\n\nK. Any agency or laboratory certified by the Board or any\n\nagency or laboratory that is exempt from the Board rules pursuant to\n\nSection 759 of this title, which analyses blood shall make available\n\na written report of the results of the test administered by or at\n\nthe direction of the law enforcement officer to:\n\n1. The tested person, or his or her attorney;\n\n2. The Commissioner of Public Safety;\n\n3. The Director of Service Oklahoma; and\n\n4. The Fatality Analysis Reporting System (FARS) analyst of the\n\nstate, upon request.\n\nThe 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":"78038f494ad9f4042cab92da2302a09a45b148d74dd15fa7246b52a56b61fc4e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-752v1","next":"us-ok/okla.-stat.-tit.-47-47-753"},"notice":"GroundRules: Original legal text. Not legal advice."}