{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-4210.10","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-4210.10","heading":"Qualified persons to withdraw blood","body":"A. Only a licensed medical doctor, licensed osteopathic\n\nphysician, licensed chiropractic physician, registered nurse,\n\nlicensed practical nurse, or physician's assistant, certified by the\n\nState Board of Medical Licensure and Supervision, the State Board of\n\nOsteopathic Examiners or Board of Chiropractic Examiners; an\n\nemployee of a hospital or other health care facility authorized by\n\nthe hospital or health care facility to withdraw blood; or other\n\nqualified person authorized by the Board of Tests for Alcohol and\n\nDrug Influence acting at the request of a law enforcement officer,\n\nmay withdraw blood for purpose of having a determination made of its\n\nconcentration of alcohol or the presence or concentration of other\n\nintoxicating substance. Only qualified persons authorized by the\n\nBoard of Tests for Alcohol and Drug Influence may collect breath,\n\nsaliva or urine, or administer tests of breath under the provisions\n\nof this section.\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 Authorizing blood withdrawal signed by the person whose\n\nblood is to be withdrawn;\n\n2. Signed by a duly authorized peace officer that the person\n\nwhose blood is to be withdrawn has agreed to the withdrawal of\n\nblood;\n\n3. Signed by a duly authorized peace officer that the person\n\nwhose blood is to be withdrawn has been placed under arrest and that\n\nthe officer has probable cause to believe that the person, while\n\nintoxicated, has operated a vessel in such manner as to have caused\n\nthe death or serious physical injury of another person, or the\n\nperson has been involved in a boating collision and has been removed\n\nfrom the scene of the collision that resulted in the death or great\n\nbodily injury of any person, as defined in subsection B of Section\n\n646 of Title 21 of the Oklahoma Statutes, to a hospital or other\n\nhealth care facility outside the State of Oklahoma before the law\n\nenforcement officer was able to effect an arrest for such offense;\n\nor\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. No person specified in subsection A of this section, no\n\nemployer of such a 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 3 or 5 of this act, or when acting in reliance upon a signed\n\nstatement or court order as provided in this section, if the act is\n\nperformed in a reasonable manner according to generally accepted\n\nclinical practice. No person specified in subsection A of this\n\nsection shall incur any civil or criminal liability as a result of\n\nthe proper collection of breath, saliva or urine when acting at the\n\nrequest of a law enforcement officer under the provisions of Section\n\n3 or 5 of this act or when acting pursuant to a court order.\n\nD. The blood, breath, saliva or urine specimens obtained shall\n\nbe tested by the appropriate test as determined by the Board of\n\nTests for Alcohol and Drug Influence, or tested by a laboratory that\n\nis exempt from the Board rules pursuant to Section 759 of Title 47\n\nof the Oklahoma Statutes, to determine the alcohol concentration\nction\n\n3 or 5 of this act or when acting pursuant to a court order.\n\nD. The blood, breath, saliva or urine specimens obtained shall\n\nbe tested by the appropriate test as determined by the Board of\n\nTests for Alcohol and Drug Influence, or tested by a laboratory that\n\nis exempt from the Board rules pursuant to Section 759 of Title 47\n\nof the Oklahoma Statutes, to determine the alcohol concentration\n\nthereof, or the presence and concentration of any other intoxicating\n\nsubstance which might have affected the ability of the person tested\n\nto operate a vessel safely.\n\nE. When blood is withdrawn or saliva or urine is collected for\n\ntesting of its alcohol concentration or other intoxicating substance\n\npresence or concentration, at the request of a law enforcement\n\nofficer, a sufficient quantity of the same specimen shall be\n\nobtained to enable the tested person, at his or her own option and\n\nexpense, to have an independent analysis made of such specimen. The\n\nexcess blood, saliva or urine specimen shall be retained by a\n\nlaboratory approved by the Board of Tests for Alcohol and Drug\n\nInfluence, in accordance with the rules and regulations of the\n\nBoard, or by a laboratory that is exempt from the Board rules\n\npursuant to Section 759 of Title 47 of the Oklahoma Statutes, for\n\nsixty (60) days from the date of collection. At any time within\n\nthat period, the tested person or his or her attorney may direct\n\nthat such blood, saliva or urine specimen be sent or delivered to a\n\nlaboratory of his or her own choosing and approved by the Board for\n\nan independent analysis. Neither the tested person, nor any agent\n\nof such person, shall have access to the additional blood, saliva or\n\nurine specimen prior to the completion of the independent analysis,\n\nexcept the analyst performing the independent analysis and agents of\n\nthe analyst.\n\nF. When a test of breath is performed for the purpose of\n\ndetermining the alcohol concentration thereof, except when such test\n\nis performed by means of an automated analyzer as designated by the\n\nBoard of Tests for Alcohol and Drug Influence, a sufficient quantity\n\nof breath, or of the alcohol content of a fixed or measured quantity\n\nof breath, shall be obtained, in accordance with the rules and\n\nregulations of the Board to enable the tested person, at his or her\n\nown option and expense, to have an independent analysis made of such\n\nspecimen. The excess specimen of breath, or of its alcohol content,\n\nshall be retained by the law enforcement agency employing the\n\narresting officer, in accordance with the rules and regulations of\n\nthe Board, for sixty (60) days from the date of collection. At any\n\ntime within that period, the tested person, or his or her attorney,\n\nmay direct that such specimen be sent or delivered to a laboratory\n\nof his or her own choosing and approved by the Board for an\n\nindependent analysis. Neither the tested person, nor any agent of\n\nsuch person, shall have access to the additional specimen of breath,\n\nor of its alcohol content, prior to the completion of the\n\nindependent analysis thereof, except the analyst performing the\n\nindependent analysis and agents of the analyst.\n\nG. The costs of collecting blood, breath, saliva or urine\n\nspecimens for the purpose of determining the alcohol or other\n\nintoxicating substance thereof, by or at the direction of a law\n\nenforcement officer, shall be borne by the law enforcement agency\n\nemploying such officer. The cost of collecting, retaining and\n\nsending or delivering to an independent laboratory the excess\n\nspecimens of blood, breath, saliva or urine for independent analysis\n\nat the option of the tested person shall also be borne by such law\n\nenforcement agency. The cost of the independent analysis of such\n\nspecimen of blood, breath, saliva or urine shall be borne by the\n\ntested person at whose option such analysis is performed. The\nand\n\nsending or delivering to an independent laboratory the excess\n\nspecimens of blood, breath, saliva or urine for independent analysis\n\nat the option of the tested person shall also be borne by such law\n\nenforcement agency. The cost of the independent analysis of such\n\nspecimen of blood, breath, saliva or urine shall be borne by the\n\ntested person at whose option such analysis is performed. The\n\ntested person, or his or her agent, shall make all necessary\n\narrangements for the performance of such independent analysis other\n\nthan the forwarding or delivery of such specimen.\n\nH. Tests of blood or breath for the purpose of determining the\n\nalcohol concentration thereof, and tests of blood, saliva or urine\n\nfor the purpose of determining the presence or concentration of any\n\nother intoxicating substance therein, under the provisions of this\n\nsection, whether administered by or at the direction of a law\n\nenforcement officer or administered independently, at the option of\n\nthe tested person, on the excess specimen of such person's blood,\n\nbreath, saliva or urine, to be considered valid and admissible in\n\nevidence under the provisions of this section, shall have been\n\nadministered or performed in accordance with the rules and\n\nregulations of the Board of Tests for Alcohol and Drug Influence, or\n\nperformed by a laboratory that is exempt from the Board rules\n\npursuant to Section 759 of Title 47 of the Oklahoma Statutes.\n\nI. 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 vessel while under the\n\ninfluence of alcohol, any other intoxicating substance or the\n\ncombined influence of alcohol and any other intoxicating substance,\n\nwho is not requested by a law enforcement officer to submit to a\n\ntest, shall be entitled to have an independent test of his or her\n\nblood, breath, saliva or urine, which is appropriate as determined\n\nby the Board of Tests for Alcohol and Drug Influence for the purpose\n\nof determining its alcohol concentration or the presence or\n\nconcentration of any other intoxicating substance therein, performed\n\nby a person of his or her own choosing who is qualified as\n\nstipulated in this section. The arrested person shall bear the\n\nresponsibility for making all necessary arrangements for the\n\nadministration of such independent test and for the independent\n\nanalysis of any specimens obtained, and bear all costs thereof. The\n\nfailure or inability of the arrested person to obtain an independent\n\ntest shall not preclude the admission of other competent evidence\n\nbearing upon the question of whether such person was under the\n\ninfluence of alcohol, or any other intoxicating substance or the\n\ncombined influence of alcohol and any other intoxicating substance.\n\nJ. Any agency or laboratory certified by the Board of Tests for\n\nAlcohol and Drug Influence or any agency or laboratory that is\n\nexempt from the Board rules pursuant to Section 759 of Title 47 of\n\nthe Oklahoma Statutes, which analyzes breath, blood, or urine shall\n\nmake available a written report of the results of the test\n\nadministered by or at the direction of the law enforcement officer\n\nto:\n\n1. The tested person, or his or her attorney;\n\n2. The Commissioner of Public Safety; and\n\n3. The Fatality Analysis Reporting System (FARS) analyst of the\n\nstate, upon request.\n\nThe results of the tests provided for in this section shall be\n\nadmissible in civil actions.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6d5ee945a2919366670125db9990580bfacc5b07fe01648738abd03cfaa1deaa","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-4210.1","next":"us-ok/okla.-stat.-tit.-63-63-4210.11"},"notice":"GroundRules: Original legal text. Not legal advice."}