{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-4210.13","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-4210.13","heading":"Criminal trials - Use of alcohol or drug tests as","body":"evidence.\n\nA. Upon the trial of any criminal action or proceeding arising\n\nout of acts alleged to have been committed by any person while\n\noperating or in actual physical control of a vessel while under the\n\ninfluence 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 Section 4 of this act\n\nand Section 759 of Title 47 of the Oklahoma statutes or evidence of\n\nthe presence or concentration of any other intoxicating substance as\n\nshown by analysis of such person's blood, breath, saliva, or urine\n\nspecimens in accordance with the provisions of Section 4 of this act\n\nand Section 759 of Title 47 of the Oklahoma Statutes shall be\n\nadmissible. Evidence that the person has refused to submit to\n\neither of said analyses is also admissible. For the purpose of this\n\nsection, when the person is under the age of twenty-one (21) years,\n\nevidence that there was, at the time of the test, any measurable\n\nquantity of alcohol is prima facie evidence that the person was\n\nunder the influence of alcohol in violation of Section 3 of this\n\nact. For persons twenty-one (21) years of age or older:\n\n1. Evidence that there was, at the time of the test, an alcohol\n\nconcentration of seven-hundredths (0.07) or less is prima facie\n\nevidence that the person was not under the influence of alcohol; and\n\n2. 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 section, \"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 shall first\n\nbe qualified by establishing that the test was administered to the\n\nperson within two (2) hours after the arrest of the person.","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":"5cea9b2393bc4afb326217d5c6263b955ba89ba6c800c711ddb4f13bf8f0761d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-4210.12","next":"us-ok/okla.-stat.-tit.-63-63-4210.14"},"notice":"GroundRules: Original legal text. Not legal advice."}