Okla. Stat. tit. 47, § 47-751

for determining presence or concentration of alcohol or other

intoxicating substance.

A. 1. Any person who operates a motor vehicle upon the public

roads, highways, streets, turnpikes or other public place or upon

any private road, street, alley or lane which provides access to one

or more single or multi-family dwellings within this state shall be

deemed to have given consent to a test or tests of such person's

blood or breath, for the purpose of determining the alcohol

concentration as defined in Section 756 of this title, and such

person's blood, saliva or urine for determining the presence or

concentration of any other intoxicating substance therein 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 motor vehicle upon the public roads,

highways, streets, turnpikes or other public place or upon any

private road, street, alley or lane which provides access to one or

more single or multi-family dwellings while under the influence of

Oklahoma Statutes - Title 47. Motor Vehicles Page 952

alcohol or other intoxicating substance, or the combined influence

of alcohol and any other intoxicating substance, or if the person is

involved in a traffic accident that resulted in the immediate death

or serious injury of any person and is removed from the scene of the

accident to a hospital or other health care facility outside the

State of Oklahoma 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 motor vehicle while under the influence may direct the

administration of or administer the test or tests.

As used in this title, the term "other intoxicating substance"

shall mean 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. 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, hereinafter referred to as the

Board, 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.

In the event that 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.

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.

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. Any person who is unconscious or otherwise incapable of

refusing to submit to a test of such person's blood or breath to

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

person's blood, saliva or urine to determine the presence or
ury or other

physical disability, the test to be administered, an alternate test

may be administered in accordance with the rules of the Board.

D. Any person who is unconscious or otherwise incapable of

refusing to submit to a test of such person's blood or breath to

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

person's blood, saliva or urine to determine the presence or

concentration of any other intoxicating substance therein, shall be

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deemed not to have withdrawn the consent provided by subsection A of

this section, and such test may be administered as provided herein.

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.

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 on the person's own recognizance for

medical reasons by the arresting officer. The arresting officer who

releases an arrested person on the person's own recognizance 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 752 of this title.

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

admissible in all civil actions, including administrative hearings

regarding driving privileges.