Oklahoma § 3-305 - Admissibility of evidence - Evidence of intoxication

§ 3-305. Admissibility of evidence - Evidence of intoxication

A. Upon the trial of any criminal action or proceeding arising

out of acts alleged to have been committed by any person while

operating an aircraft while the person was under the influence of an

intoxicant, evidence of the alcohol concentration in the blood or

breath of the person as shown by analysis of the blood or breath of

the person performed in accordance with the provisions of Sections 2

and 4 of this act or evidence of the presence and concentration of

any other intoxicant as shown by analysis of such person's blood,

breath, saliva, or urine specimens in accordance with the provisions

of Sections 2 and 4 of this act is admissible. Evidence that the

person has refused to submit to either of said analyses is also

admissible.

B. For the purpose of Sections 1 through 8 of this act:

1. Evidence that there was an alcohol concentration of less

than four-hundredths (0.04) is prima facie evidence that the person

was not under the influence of alcohol;

2. Evidence that there was an alcohol concentration of fourhundredths (0.04) or more shall be admitted as prima facie evidence

that the person was under the influence of alcohol.

Oklahoma Statutes - Title 3. Aircraft and Airports

C. As used in Sections 1 through 8 of this act, alcohol

concentration shall mean grams of alcohol per one hundred (100)

milliliters of blood if the blood was tested, or grams of alcohol

per two hundred ten (210) liters of breath if the breath was tested.

D. To be admissible in a criminal action or proceeding,

evidence of alcohol concentration shall first be qualified by

establishing that such test was administered to the person within

two (2) hours after the arrest of the person.

Added by Laws 1991, c. 248, § 5, eff. Sept. 1, 1991.