§ 47-752v1 — Administration of tests - Authorization - Liability -

Oklahoma § 47-752v1

• Jurisdiction: Oklahoma
• Title 47: Motor Vehicles

Text

Laboratories - Independent analysis - Costs. A. Only a licensed medical doctor, licensed osteopathic physician, licensed chiropractic physician, registered nurse, licensed practical nurse, physician's assistant, certified by any state's appropriate licensing authority, an employee of a hospital or other health care facility authorized by the hospital or health care facility to withdraw blood, or individuals licensed in accordance with Section 1-2505 of Title 63 of the Oklahoma Statutes as an Intermediate Emergency Medical Technician, an Advanced Emergency Medical Technician or a Paramedic, acting within the scope of practice prescribed by their medical director, acting at the request of a law enforcement officer may withdraw blood for the purpose of having a determination made of its concentration of alcohol or the presence or concentration of other intoxicating substance. Only qualified persons authorized by the Board may collect breath, saliva or urine, or administer tests of breath under the provisions of this title. B. If the person authorized to withdraw blood as specified in subsection A of this section is presented with a written statement: 1. Authorizing blood withdrawal signed by the person whose blood is to be withdrawn; 2. Signed by a duly authorized peace officer that the person whose blood is to be withdrawn has agreed to the withdrawal of blood; 3. Signed by a duly authorized peace officer that there are exigent circumstances which necessitate the withdrawal of blood; or 4. In the form of an order from a district court that blood be withdrawn, the person authorized to withdraw the blood and the hospital or other health care facility where the withdrawal occurs may rely on such a statement or order as evidence that the person has consented to or has been required to submit to the clinical procedure and shall not require the person to sign any additional consent or waiver form. In such a case, the person authorized to perform the procedure, the employer of such person and the hospital or other health care facility shall not be liable in any action alleging lack of consent or lack of informed consent. C. No person specified in subsection A of this section, no employer of such person and no hospital or other health care facility where blood is withdrawn shall incur any civil or criminal liability as a result of the proper withdrawal of blood when acting at the request of a law enforcement officer by the provisions of Section 751 or 753 of this title, or when acting in reliance upon a signed statement or court order as provided in this section, if the act is performed in a reasonable manner according to generally accepted clinical practice. No person specified in subsection A of this section shall incur any civil or criminal liability as a result of the proper collection of breath, saliva or urine when acting at the request of a law enforcement officer under the provisions of Section 751 or 753 of this title or when acting pursuant to a court order. D. The blood, breath, saliva or urine specimens obtained shall be tested by the appropriate test as determined by the Board, or tested by a laboratory that is exempt from the Board rules pursuant to Section 759 of this title, to determine the alcohol concentration thereof, or the presence or concentration of any other intoxicating substance which might have affected the ability of the person tested to operate a motor vehicle safely. E. When blood is withdrawn for testing of its alcohol concentration or other intoxicating substance presence or concentration, at the request of a law enforcement officer, a sufficient quantity of the same specimen shall be obtained to enable the tested person, at his or her own option and expense, to have an independent analysis made of such specimen. The excess blood specimen shall be retained by a laboratory approved by the Board in accordance with the rules and regulations of the Board or by a laboratory that is exempt from the Board rules pursuant to Section 759 of this title, for sixty (60) days from the date of collection. At any time within that period, the tested person or his or her attorney may direct that such blood specimen be sent or delivered to a laboratory of his or her own choosing and approved by the Board for an independent analysis. Neither the tested person, nor any agent of such person, shall have access to the additional blood specimen prior to the completion of the independent analysis, except the analyst performing the independent analysis and agents of the analyst. F. The costs of collecting blood specimens for the purpose of determining the alcohol or other intoxicating substance thereof, by or at the direction of a law enforcement officer, shall be borne by the law enforcement agency employing such officer; provided, if the person is convicted for any offense involving the operation of a motor vehicle while under the influence of or while impaired by alcohol or an intoxicating substance, or both, as a direct result of the incident which caused the collection of blood specimens, an amount equal to the costs shall become a part of the court costs of the person and shall be collected by the court and remitted to the law enforcement agency bearing the costs. The cost of collecting, retaining and sending or delivering to an independent laboratory the excess specimens of blood for independent analysis at the option of the tested person shall also be borne by such law enforcement agency. The cost of the independent analysis of such specimen of blood shall be borne by the tested person at whose option such analysis is performed. The tested person, or his or her agent, shall make all necessary arrangements for the performance of such independent analysis other than the forwarding or delivery of such specimen. G. Tests of blood or breath for the purpose of determining the alcohol concentration thereof, and tests of blood for the purpose of determining the presence or concentration of any other intoxicating substance therein, under the provisions of this title, whether administered by or at the direction of a law enforcement officer or administered independently, at the option of the tested person, on the excess specimen of such person's blood to be considered valid and admissible in evidence under the provisions of this title, shall have been administered in accordance with Section 759 of this title. H. Any person who has been 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 motor vehicle while under the influence of alcohol, any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance who is not requested by a law enforcement officer to submit to a test shall be entitled to have an independent test of his or her blood for the purpose of determining its alcohol concentration or the presence or concentration of any other intoxicating substance therein, performed by a person of his or her own choosing who is qualified as stipulated in this section. The arrested person shall bear the responsibility for making all necessary arrangements for the administration of such independent test and for the independent analysis of any specimens obtained, and bear all costs thereof. The failure or inability of the arrested person to obtain an independent test shall not preclude the admission of other competent evidence bearing upon the question of whether such person was under the influence of alcohol, or any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance. I. Any agency or laboratory certified by the Board or any agency or laboratory that is exempt from the Board rules pursuant to Section 759 of this title, which analyses blood shall make available a written report of the results of the test administered by or at the direction of the law enforcement officer to: 1. The tested person, or his or her attorney; 2. The Commissioner of Public Safety; 3. The Director of Service Oklahoma; and 4. The Fatality Analysis Reporting System (FARS) analyst of the state, upon request. The results of the tests provided for in this title shall be admissible in all civil actions, including administrative hearings regarding driving privileges.

Legislative History

Added by Laws 1967, c. 86, § 2, eff. Jan. 1, 1969. Amended by Laws 1982, c. 273, § 5, operative Oct. 1, 1982; Laws 1982, c. 294, § 3, operative July 1, 1982; Laws 1986, c. 75, § 1, eff. Nov. 1, 1986; Laws 1987, c. 118, § 4, operative July 1, 1987; Laws 1989, c. 134, § 1, eff. Nov. 1, 1989; Laws 1990, c. 274, § 1, emerg. eff. May 25, 1990; Laws 1991, c. 87, § 1, emerg. eff. April 22, 1991; Laws 1992, c. 382, § 8, emerg. eff. June 9, 1992; Laws 2002, c. 410, § 2, eff. Nov. 1, 2002; Laws 2004, c. 418, § 21, eff. July 1, 2004; Laws 2005, c. 394, § 15, emerg. eff. June 6, 2005; Laws 2006, c. 173, § 5, eff. July 1, 2006; Laws 2009, c. 214, § 1, eff. Nov. 1, 2009; Laws 2011, c. 335, § 11; Laws 2017, c. 392, § 11, eff. Nov. 1, 2017; Laws 2019, c. 400, § 13, eff. Nov. 1, 2019; Laws 2021, c. 283, § 1, eff. Nov. 1, 2021; Laws 2023, c. 310, § 22, eff. July 1, 2023; Laws 2025, c. 172, § 4, eff. Nov. 1, 2025.