{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-4210.9","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-4210.9","heading":"Implied consent to administer drug or alcohol test","body":"\n\nA. 1. Any person who operates a vessel upon the waters of this\n\nstate shall be deemed to have given consent to a test or tests of\n\nthe blood or breath of the person, for the purpose of determining\n\nthe alcohol concentration as defined in Section 7 of this act, and\n\nthe blood, saliva or urine of the person, for the purpose of\n\ndetermining the presence or concentration of any other intoxicating\n\nsubstance as defined in this section, if arrested for any offense\n\narising out of acts alleged to have been committed while the person\n\nwas operating or in actual physical control of a vessel upon the\n\nwaters of this state while under the influence of alcohol or other\n\nintoxicating substance, or the combined influence of alcohol and any\n\nother intoxicating substance, or if the person is involved in a\n\nboating collision that resulted in the immediate death or serious\n\ninjury of any person and is removed from the scene of the collision\n\nto a hospital or other health care facility outside this state\n\nbefore a law enforcement officer can effect an arrest.\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 vessel while under the influence may direct the administration\n\nof or administer the test or tests.\n\n3. As used in this section, \"other intoxicating substance\"\n\nmeans any controlled dangerous substance as defined in the Uniform\n\nControlled Dangerous Substances Act and any other substance, other\n\nthan alcohol, which is capable of being ingested, inhaled, injected\n\nor 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. 1. The law enforcement agency by which the arresting\n\nofficer is employed may designate, in accordance with the rules of\n\nthe Board of Tests for Alcohol and Drug Influence, whether blood or\n\nbreath is to be tested for the alcohol concentration thereof, and\n\nwhether blood, saliva or urine is to be tested for the presence or\n\nconcentration of any other intoxicating substance therein.\n\n2. In the event the law enforcement agency does not designate\n\nthe test to be administered, breath shall be the substance tested\n\nfor alcohol concentration. Blood may also be tested to determine\n\nthe alcohol 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\n3. In the event the law enforcement agency does not designate\n\nthe test 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. 1. Any person who is unconscious or otherwise incapable of\n\nrefusing to submit to a test of the blood or breath of the person to\n\ndetermine the alcohol concentration thereof, or to a test of the\n\nblood, saliva or urine of the person 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\n2. An unconscious person who has been issued a citation by a\n\nlaw enforcement officer for one of the offenses listed in subsection\n\nA of this section is arrested for purposes of this section. The\ncentration 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\n2. An unconscious person who has been issued a citation by a\n\nlaw enforcement officer for one of the offenses listed in subsection\n\nA of 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\n3. Any person who has been arrested for one of the offenses\n\nlisted in subsection A of this section who is unconscious or injured\n\nand who requires immediate medical treatment as determined by a\n\ntreating physician may be released by the arresting officer on the\n\nrecognizance of the person for medical reasons. The arresting\n\nofficer who releases an arrested person on the recognizance of the\n\nperson must indicate the release on the face of the citation. Any\n\nperson released on his or her own recognizance for medical reasons\n\nshall remain 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 4 of this act.","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":"5202a35e33104e65620efc25272b4343cbdc1ddda52f8f4c51d2bf83d6a122a8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-4210.8","next":"us-ok/okla.-stat.-tit.-63-63-4211"},"notice":"GroundRules: Original legal text. Not legal advice."}