Okla. Stat. tit. 37A, § 37A-6-126

Circumstances for immunity from prosecution.

A. All law enforcement officers, upon the arrest of any holder

of a license issued by the ABLE Commission for a violation of any

state law or municipal ordinance in which the violation of any

alcoholic beverage law had any part, shall immediately notify the

ABLE Commission thereof. Such officers shall notify the ABLE

Commission of any acts, practices or other conduct of any such

licensee which may be subversive to the general welfare or contrary

to the spirit of the Oklahoma Alcoholic Beverage Control Act and

shall recommend appropriate action to be taken by the ABLE

Commission or the Oklahoma Tax Commission.

B. A peace officer may not take a person into custody based

solely on the commission of an offense involving alcohol described

in subsection C of this section if the law enforcement officer,

after making a reasonable determination and considering the facts

and surrounding circumstances, reasonably believes that all of the

following apply:

1. The law enforcement officer has contact with the person

because the person requested emergency medical assistance for an

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 202

individual who reasonably appeared to be in need of medical

assistance due to alcohol consumption; and

2. The person:

a. provided the person's full name and any other relevant

information requested by the law enforcement officer,

b. remained at the scene with the individual who

reasonably appeared to be in need of medical

assistance due to alcohol consumption until emergency

medical assistance arrived, and

c. cooperated with emergency medical assistance personnel

and law enforcement officers at the scene.

C. A person who meets the criteria of subsection B of this

section is immune from criminal prosecution for an offense under

subsection D of Section 141 of this act if the offense involved a

state of intoxication caused by the person's use of alcohol or if

the offense involved the person being, or becoming, intoxicated as a

result of the person's use of alcohol.

D. A person may not initiate or maintain an action against a

peace officer or the employing political subdivision based on the

officer's compliance or failure to comply with this section.

E. For the purposes of this section, "peace officer" shall have

the same meaning as defined in Section 99 of Title 21 of the

Oklahoma Statutes.