Okla. Stat. tit. 3, § 3-303

Independent tests.

A. Only a licensed medical doctor, licensed osteopathic

physician, licensed chiropractic physician, registered nurse,

licensed practical nurse, physician's assistant, certified by the

State Board of Medical Licensure and Supervision, an employee of a

hospital or other health care facility authorized by the hospital or

health care facility to withdraw blood, or other qualified person

authorized by the Board of Tests for Alcohol and Drug Influence

acting at the request of a law enforcement officer may withdraw

blood for purpose of having a determination made of its

concentration of alcohol or other intoxicant. Only qualified

persons authorized by the Board may collect breath, saliva or urine,

or administer tests of breath under the provisions of Sections 301

through 308 of this title.

B. No person specified in subsection A of this section, no

employer of such a 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facility where blood is withdrawn, shall incur any civil or criminal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 pursuant to the

provisions of Section 302 or 304 of this title, if the withdrawal of

blood is performed in a reasonable manner according to generally

accepted clinical practice. If the person specified in subsection A

of this section is presented with a written statement by the person

whose blood is to be withdrawn or a duly authorized peace officer

that the person whose blood is to be withdrawn has agreed to the

withdrawal of blood or an order from a court of competent

jurisdiction that blood be withdrawn, the person authorized to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. 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 302 or 304

of this title or when acting pursuant to court order.

Oklahoma Statutes - Title 3. Aircraft and Airports Page 106

C. 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 Title 47 of the Oklahoma Statutes, to determine

the alcohol concentration thereof, or the presence and concentration

of any other intoxicant which might have affected the ability of the

person tested to operate an aircraft safely.

D. When blood is withdrawn or saliva or urine is collected for

testing of its alcohol or other intoxicant 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, saliva or urine 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 Title 47

of the Oklahoma Statues, 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, saliva or urine

specimen be sent or delivered to a laboratory of his or her own

choosing and approved by the Board for an independent analysis.
ory that

is exempt from the Board rules pursuant to Section 759 of Title 47

of the Oklahoma Statues, 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, saliva or urine

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, saliva or urine specimen prior to

the completion of the independent analysis, except the analyst

performing the independent analysis and agents of the analyst.

E. When a test of breath is performed for the purpose of

determining the alcohol concentration thereof, except when such test

is performed by means of an automated analyzer as designated by the

Board, a sufficient quantity of breath, or of the alcohol content of

a fixed or measured quantity of breath, shall be obtained, in

accordance with the rules and regulations of the Board, to enable

the tested person, at his or her own option and expense, to have an

independent analysis made of such specimen. The excess specimen of

breath, or of its alcohol content, shall be retained by the law

enforcement agency employing the arresting officer, in accordance

with the rules and regulations of the Board, 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 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 specimen of breath, or of its alcohol content, prior

to the completion of the independent analysis thereof, except the

analyst performing the independent analysis and agents of the

analyst.

F. The costs of collecting blood, breath, saliva or urine

specimens for the purpose of determining the alcohol or other

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intoxicant thereof, by or at the direction of a law enforcement

officer, shall be borne by the law enforcement agency employing such

officer. The cost of collecting, retaining and sending or

delivering to an independent laboratory the excess specimens of

blood, breath, saliva or urine 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, breath, saliva or urine 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 pursuant to the provisions of Sections 301 through 308

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,

breath, saliva or urine, to be considered valid and admissible in

evidence under the provisions of this section and Section 305 of

this title, shall have been administered or performed in accordance

with the rules and regulations of the Board, or performed by a

laboratory that is exempt from the Board rules pursuant to Section

759 of Title 47 of the Oklahoma Statutes.

H. Any person who has been arrested for any offense arising out

of acts alleged to have been committed while the person was under

the influence of an intoxicant and was operating an aircraft, 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, breath,

saliva or urine which is appropriate as determined by the Board for
rson who has been arrested for any offense arising out

of acts alleged to have been committed while the person was under

the influence of an intoxicant and was operating an aircraft, 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, breath,

saliva or urine which is appropriate as determined by the Board for

the purpose of determining its alcohol concentration or of any other

intoxicant 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 an intoxicant.

I. A written report of the results of the test administered by

or at the direction of the law enforcement officer shall be made

available to the tested person, or his or her attorney, to the law

enforcement agency employing the arresting officer, the district

attorney of the county in which the alleged violation of Section 301

of this title occurred, and to the Federal Aviation Administration

Flight Standards District Office having jurisdiction over the county

in which the alleged violation of Section 301 of this title

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occurred. The results of the tests provided for in this title shall

be admissible in civil actions.