Oklahoma § 63-4210.9

§ 63-4210.9.

Implied consent to administer drug or alcohol test.

Oklahoma Statutes - Title 63. Public Health and Safety

A. 1. Any person who operates a vessel upon the waters of this

state shall be deemed to have given consent to a test or tests of

the blood or breath of the person, for the purpose of determining

the alcohol concentration as defined in Section 7 of this act, and

the blood, saliva or urine of the person, for the purpose of

determining the presence or concentration of any other intoxicating

substance as defined in this section, if arrested for any offense

arising out of acts alleged to have been committed while the person

was operating or in actual physical control of a vessel upon the

waters of this state while under the influence of alcohol or other

intoxicating substance, or the combined influence of alcohol and any

other intoxicating substance, or if the person is involved in a

boating collision that resulted in the immediate death or serious

injury of any person and is removed from the scene of the collision

to a hospital or other health care facility outside this state

before a law enforcement officer can effect an arrest.

2. A law enforcement officer, having reasonable grounds to

believe that such person was operating or in actual physical control

of a vessel while under the influence may direct the administration

of or administer the test or tests.

3. As used in this section, "other intoxicating substance"

means any controlled dangerous substance as defined in the Uniform

Controlled Dangerous Substances Act and any other substance, other

than alcohol, which is capable of being ingested, inhaled, injected

or absorbed into the human body and is capable of adversely

affecting the central nervous system, vision, hearing or other

sensory or motor functions.

B. 1. The law enforcement agency by which the arresting

officer is employed may designate, in accordance with the rules of

the Board of Tests for Alcohol and Drug Influence, 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 or

concentration of any other intoxicating substance therein.

2. 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 of the Board.

3. 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 or concentration of any other

intoxicating substance or the combination of alcohol and any other

intoxicating substance.

Oklahoma Statutes - Title 63. Public Health and Safety

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 of the Board.

D. 1. Any person who is unconscious or otherwise incapable of

refusing to submit to a test of the blood or breath of the person to

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

blood, saliva or urine of the person to determine the presence or

concentration of any other intoxicating substance 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.

2. An unconscious person who has been issued a citation by a

law enforcement officer for one of the offenses listed in subsection

A of this section is arrested for purposes of this section. The

arresting officer must leave a copy of the citation with the

arrested person which may be accomplished by handing it to the

arrested person, or by leaving it with the personal effects of the

arrested party, so as to inform the unconscious person of the

arrest.

3. Any person who has been arrested for one of the offenses

listed in subsection A of this section who is unconscious or injured

and who requires immediate medical treatment as determined by a

treating physician may be released by the arresting officer on the

recognizance of the person for medical reasons. The arresting

officer who releases an arrested person on the recognizance of the

person must indicate the release on the face of the citation. Any

person released on his or her own recognizance for medical reasons

shall remain at liberty pending the filing of charges.

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, or the

presence or concentration of any other intoxicating substance or the

combination of alcohol and any other intoxicating substance. 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

enforcement agency employing the arresting officer. Such specimens

shall be treated in accordance with the rules applicable to the

specimens obtained by an arresting officer.

F. When a law enforcement officer has determined that the blood

alcohol content of an individual is to be tested for the presence or

concentration of alcohol, other intoxicating substance, or the

combination of alcohol and any other intoxicating substance, the law

enforcement officer shall inform the individual to be tested that

the withdrawal of blood shall only be performed by certain medical

personnel as provided for in Section 4 of this act.

Oklahoma Statutes - Title 63. Public Health and Safety

Added by Laws 2011, c. 201, § 3, eff. July 1, 2011.