Oklahoma § 3-304 - Refusal to submit to testing

Full text of Oklahoma Oklahoma Statutes § 3-304 — Refusal to submit to testing, with citation guidance and answers to common questions.

§ 3-304. Refusal to submit to testing

A. If a conscious person under arrest refuses to submit to

testing of his or her blood or breath for the purpose of determining

the alcohol concentration thereof, or to a test of his or her blood,

saliva or urine for the purpose of determining the concentration of

any intoxicant, none shall be given, unless the investigating

officer has probable cause to believe that the person under arrest,

while intoxicated, has operated an aircraft in such a manner as to

have caused the death or serious physical injury of any other person

or persons. In such event, such test otherwise authorized by law

may be made in the same manner as if a search warrant had been

issued for such test or tests. The sample shall be taken in a

medically acceptable manner at a hospital or other suitable health

care facility.

B. Any refusal by a conscious person to submit to testing shall

be reported to the Federal Aviation Administration Flight Standards

District Office having jurisdiction over the county in which the

alleged violation of Section 1 of this act occurred.

Added by Laws 1991, c. 248, § 4, eff. Sept. 1, 1991.

Frequently Asked Questions About Oklahoma § 3-304

What does Oklahoma Statutes § 3-304 cover?

Section 3-304 ("Refusal to submit to testing") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 3-304?

A common citation format is "Oklahoma Statutes § 3-304" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 3-304 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.