Oklahoma § 3-302 - Tests to determine concentration of intoxicants - Implied

§ 3-302. Tests to determine concentration of intoxicants - Implied

consent.

A. Any person who operates an aircraft within this state shall

be deemed to have given consent to a test or tests of such person's

blood or breath, for the purpose of determining the alcohol

concentration as defined in Section 5 of this act, and such person's

blood, saliva or urine for determining the presence and

concentration of any other intoxicant therein as defined in Section

Oklahoma Statutes - Title 3. Aircraft and Airports

1 of this act, if arrested for any offense arising out of acts

alleged to have been committed while the person was operating an

aircraft within this state while the person was under the influence

of an intoxicant. The test shall be administered by or at the

direction of a law enforcement officer after having arrested such

person and having reasonable grounds to believe that such person was

operating an aircraft within this state while under the influence of

an intoxicant.

B. The law enforcement agency by which the arresting officer is

employed may designate, in accordance with the rules and regulations

of the Board of Tests for Alcohol and Drug Influence, hereinafter

referred to as the Board, whether blood or breath is to be tested

for the alcohol concentration thereof, and whether blood, saliva or

urine is to be tested for the presence and concentration of any

other intoxicant therein. In the event the law enforcement agency

does not designate the test to be administered, breath shall be the

substance tested for alcohol concentration. Blood may also be

tested to determine the alcohol concentration thereof in the event

that breath cannot be tested to determine the alcohol concentration

thereof because of the lack of an approved device or qualified

person to administer a breath test or because such breath test for

any other reason cannot be administered in accordance with the rules

and regulations of the Board. In the event the law enforcement

agency does not designate the test to be administered, blood, saliva

or urine shall be the substance tested for the presence and

concentration of any other intoxicant or the combination of alcohol

and any other intoxicant therein.

C. In the event the person is incapable of submitting to and

successfully completing, by reason of illness or injury or other

physical disability, the test to be administered, an alternate test

may be administered in accordance with the rules and regulations of

the Board.

D. Any person who is unconscious or otherwise incapable of

refusing to submit to a test of such person's blood or breath to

determine the alcohol concentration thereof, or to a test of such

person's blood, saliva or urine to determine the presence and

concentration of any other intoxicant therein, shall be deemed not

to have withdrawn the consent provided by subsection A of this

section, and such test may be administered as provided herein.

E. In addition to any test designated by the arresting officer,

the arrested person may also designate any additional test to be

administered to determine the concentration of alcohol, any other

intoxicant or the combination of alcohol and any other intoxicant.

The cost of such additional test shall be at the expense of the

arrested person.

A sufficient quantity of any specimen obtained at the

designation of the arrested person shall be available to the law

Oklahoma Statutes - Title 3. Aircraft and Airports

enforcement agency employing the arresting officer. Such specimens

shall be treated in accordance with the same rules and regulations

applicable to the specimens obtained by an arresting officer.

Added by Laws 1991, c. 248, § 2, eff. Sept. 1, 1991.