Oklahoma § 47-756 - Admission of evidence shown by tests

§ 47-756. Admission of evidence shown by tests

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

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

driving or in actual physical control of a motor vehicle while under

the influence of alcohol or any other intoxicating substance, or the

Oklahoma Statutes - Title 47. Motor Vehicles

combined influence of alcohol and any other intoxicating substance,

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 752 and 759

of this title or evidence of the presence or concentration of any

other intoxicating substance as shown by analysis of such person's

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

provisions of Sections 752 and 759 of this title is admissible.

Evidence that the person has refused to submit to a test or tests is

also admissible. For the purpose of this title, when the person is

under the age of twenty-one (21) years, evidence that there was, at

the time of the test, any measurable quantity of alcohol is prima

facie evidence that the person is under the influence of alcohol in

violation of Section 11-906.4 of this title. For persons twenty-one

years of age or older:

1. Evidence that there was, at the time of the test, an alcohol

concentration of five-hundredths (0.05) or less is prima facie

evidence that the person was not under the influence of alcohol;

2. Evidence that there was, at the time of the test, an alcohol

concentration in excess of five-hundredths (0.05) but less than

eight-hundredths (0.08) is relevant evidence that the person's

ability to operate a motor vehicle was impaired by alcohol.

However, no person shall be convicted of the offense of operating or

being in actual physical control of a motor vehicle while such

person's ability to operate such vehicle was impaired by alcohol

solely because there was, at the time of the test, an alcohol

concentration in excess of five-hundredths (0.05) but less than

eight-hundredths (0.08) in the blood or breath of the person in the

absence of additional evidence that such person's ability to operate

such vehicle was affected by alcohol to the extent that the public

health and safety was threatened or that the person had violated a

state statute or local ordinance in the operation of a motor

vehicle; and

3. Evidence that there was, at the time of the test, an alcohol

concentration of eight-hundredths (0.08) or more shall be admitted

as prima facie evidence that the person was under the influence of

alcohol.

B. For purposes of this title, "alcohol concentration" means

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.

C. To be admissible in a proceeding, the evidence must first be

qualified by establishing that the test was administered to the

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

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

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

driving or in actual physical control of a motor vehicle while under

Oklahoma Statutes - Title 47. Motor Vehicles

the influence of alcohol, the following may be considered as

evidence that the test of the breath of the person was validly

administered in accordance with the rules of the Board of Tests for

Alcohol and Drug Influence:

1. A report, test result or other documentation indicating the

test was performed by an operator holding a permit issued by the

Board of Tests for Alcohol and Drug Influence;

2. A report, test result or other documentation indicating the

test was performed after the installation of a dry gas cylinder by

the Board of Tests for Alcohol and Drug Influence and before the

expiration date of the cylinder;

3. A report, test result or other documentation reflecting the

results of two breath samples within 0.03g/210L of each other; or

4. A report, test result or other documentation reflecting a

control test within 0.01g/210L of the target value of the control.

E. Results of the test of a the breath or blood of the person,

if admissible, shall be admitted without reference to measurement

uncertainty.

F. 1. At any hearing, documents retained by the Board of Tests

of Alcohol and Drug Influence to reflect maintenance on an

instrument maintained by the Board for the measurement of alcohol

concentration in a person's breath, which have been made available

to the accused by the office of the district attorney at least ten

(10) days prior to the hearing, when certified as correct by the

persons making the report shall be received as evidence of the facts

and findings stated, if relevant and otherwise admissible in

evidence. If a report is deemed relevant by the state or the

accused, the court shall admit the report without the testimony of

the person making the report, unless the court, pursuant to

paragraph 2 of this subsection, orders the person making the report

to appear.

2. The court, upon motion of the state or the accused at least

five (5) days prior to the hearing, shall order the attendance of

the person making a report intended to be submitted as evidence,

pursuant to paragraph 1 of this subsection, when it appears there is

a substantial likelihood that material evidence not contained in

such report may be produced by the testimony of the person having

prepared the report.

Added by Laws 1967, c. 86, § 6, eff. Jan. 1, 1969. Amended by Laws

1972, c. 192, § 1; Laws 1982, c. 294, § 6, operative July 1, 1982;

Laws 1984, c. 217, § 1, eff. Nov. 1, 1984; Laws 1994, c. 387, § 8,

eff. July 1, 1995; Laws 1995, c. 313, § 8, eff. July 1, 1995; Laws

1996, c. 309, § 10, eff. Nov. 1, 1996; Laws 2000, 1st Ex. Sess., c.

8, § 21, eff. July 1, 2000; Laws 2001, c. 437, § 25, eff. July 1,

2001; Laws 2006, c. 173, § 7, eff. July 1, 2006; Laws 2017, c. 392,

§ 15, eff. Nov. 1, 2017.

Oklahoma Statutes - Title 47. Motor Vehicles