{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-756","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-756","heading":"Admission of evidence shown by tests","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\ndriving or in actual physical control of a motor vehicle while under\n\nthe influence of alcohol or any other intoxicating substance, or the\n\ncombined influence of alcohol and any other intoxicating substance,\n\nevidence of the alcohol concentration in the blood or breath of the\n\nperson as shown by analysis of the blood or breath of the person\n\nperformed in accordance with the provisions of Sections 752 and 759\n\nof this title or evidence of the presence or concentration of any\n\nother intoxicating substance as shown by analysis of such person's\n\nblood, breath, saliva, or urine specimens in accordance with the\n\nprovisions of Sections 752 and 759 of this title is admissible.\n\nEvidence that the person has refused to submit to a test or tests is\n\nalso admissible. For the purpose of this title, when the person is\n\nunder the age of twenty-one (21) years, evidence that there was, at\n\nthe time of the test, any measurable quantity of alcohol is prima\n\nfacie evidence that the person is under the influence of alcohol in\n\nviolation of Section 11-906.4 of this title. For persons twenty-one\n\nyears of age or older:\n\n1. Evidence that there was, at the time of the test, an alcohol\n\nconcentration of five-hundredths (0.05) or less is prima facie\n\nevidence that the person was not under the influence of alcohol;\n\n2. Evidence that there was, at the time of the test, an alcohol\n\nconcentration in excess of five-hundredths (0.05) but less than\n\neight-hundredths (0.08) is relevant evidence that the person's\n\nability to operate a motor vehicle was impaired by alcohol.\n\nHowever, no person shall be convicted of the offense of operating or\n\nbeing in actual physical control of a motor vehicle while such\n\nperson's ability to operate such vehicle was impaired by alcohol\n\nsolely because there was, at the time of the test, an alcohol\n\nconcentration in excess of five-hundredths (0.05) but less than\n\neight-hundredths (0.08) in the blood or breath of the person in the\n\nabsence of additional evidence that such person's ability to operate\n\nsuch vehicle was affected by alcohol to the extent that the public\n\nhealth and safety was threatened or that the person had violated a\n\nstate statute or local ordinance in the operation of a motor\n\nvehicle; and\n\n3. Evidence that there was, at the time of the test, an alcohol\n\nconcentration of eight-hundredths (0.08) or more shall be admitted\n\nas prima facie evidence that the person was under the influence of\n\nalcohol.\n\nB. For purposes of this title, \"alcohol concentration\" means\n\ngrams of alcohol per one hundred (100) milliliters of blood if the\n\nblood was tested, or grams of alcohol per two hundred ten (210)\n\nliters of breath if the breath was tested.\n\nC. To be admissible in a proceeding, the evidence must first be\n\nqualified by establishing that the test was administered to the\n\nperson within two (2) hours after the arrest of the person.\n\nD. Upon the trial of any criminal action or proceeding arising\n\nout of acts alleged to have been committed by any person while\n\ndriving or in actual physical control of a motor vehicle while under\n\nthe influence of alcohol, the following may be considered as\n\nevidence that the test of the breath of the person was validly\n\nadministered in accordance with the rules of the Board of Tests for\n\nAlcohol and Drug Influence:\n\n1. A report, test result or other documentation indicating the\n\ntest was performed by an operator holding a permit issued by the\n\nBoard of Tests for Alcohol and Drug Influence;\n\n2. A report, test result or other documentation indicating the\n\ntest was performed after the installation of a dry gas cylinder by\n\nthe Board of Tests for Alcohol and Drug Influence and before the\n\nexpiration date of the cylinder;\nort, test result or other documentation indicating the\n\ntest was performed by an operator holding a permit issued by the\n\nBoard of Tests for Alcohol and Drug Influence;\n\n2. A report, test result or other documentation indicating the\n\ntest was performed after the installation of a dry gas cylinder by\n\nthe Board of Tests for Alcohol and Drug Influence and before the\n\nexpiration date of the cylinder;\n\n3. A report, test result or other documentation reflecting the\n\nresults of two breath samples within 0.03g/210L of each other; or\n\n4. A report, test result or other documentation reflecting a\n\ncontrol test within 0.01g/210L of the target value of the control.\n\nE. Results of the test of a the breath or blood of the person,\n\nif admissible, shall be admitted without reference to measurement\n\nuncertainty.\n\nF. 1. At any hearing, documents retained by the Board of Tests\n\nof Alcohol and Drug Influence to reflect maintenance on an\n\ninstrument maintained by the Board for the measurement of alcohol\n\nconcentration in a person's breath, which have been made available\n\nto the accused by the office of the district attorney at least ten\n\n(10) days prior to the hearing, when certified as correct by the\n\npersons making the report shall be received as evidence of the facts\n\nand findings stated, if relevant and otherwise admissible in\n\nevidence. If a report is deemed relevant by the state or the\n\naccused, the court shall admit the report without the testimony of\n\nthe person making the report, unless the court, pursuant to\n\nparagraph 2 of this subsection, orders the person making the report\n\nto appear.\n\n2. The court, upon motion of the state or the accused at least\n\nfive (5) days prior to the hearing, shall order the attendance of\n\nthe person making a report intended to be submitted as evidence,\n\npursuant to paragraph 1 of this subsection, when it appears there is\n\na substantial likelihood that material evidence not contained in\n\nsuch report may be produced by the testimony of the person having\n\nprepared the report.","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":"0a8cbeccfd1832c3a84d4323ef6c70ca70efaf2e54280e21230dd8d313dfae94","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-754","next":"us-ok/okla.-stat.-tit.-47-47-757"},"notice":"GroundRules: Original legal text. Not legal advice."}