Okla. Stat. tit. 3, § 3-305
This is the official text of Okla. Stat. tit. 3, § 3-305, part of Oklahoma’s Stat. tit. 3, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 3,." Browse the sections below, each linked to its official government source.
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Admissibility of evidence - Evidence of intoxication
Official statutory text
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 four-
hundredths (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 Page 109
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.
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 four-
hundredths (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 Page 109
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.
Status: in_force · Read it on the official government site
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