Okla. Stat. tit. 47, § 47-752v2

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blood is to be withdrawn;

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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whose blood is to be withdrawn has agreed to the withdrawal of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 the person

whose blood is to be withdrawn has been placed under arrest and that

the officer has probable cause to believe that the person, while

intoxicated, has operated a motor vehicle in such manner as to have

caused the death or serious physical injury of another person, or

the person has been involved in a traffic accident and has been

removed from the scene of the accident that resulted in the death or

great bodily injury, as defined in subsection B of Section 646 of

Title 21 of the Oklahoma Statutes, of any person to a hospital or

other health care facility outside the State of Oklahoma before the

law enforcement officer was able to effect an arrest for such

offense; 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withdrawn, the person authorized to withdraw the blood and the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. Collection of a person's blood, to be considered valid and

admissible in evidence, whether performed by or at the direction of

a law enforcement officer or at the request of the tested person,

shall have been performed by a person authorized to collect blood

pursuant to the provisions of subsection A of this section.

Analysis of a person's blood, to be considered valid and admissible

in evidence, whether performed by or at the direction of a law

enforcement officer or at the request of the tested person, shall

have been performed by a laboratory accredited in accordance with

ISO/IEC 17025 as defined in Section 150.37 of Title 74 of the

Oklahoma Statutes.

D. Collection of a person's breath, to be considered valid and

admissible in evidence:

1. Shall have been performed by an individual possessing a

valid permit issued by the Board of Tests for Alcohol and Drug

Influence for this purpose;

2. Shall have been performed on a breath alcohol measurement

device appearing on the most current conforming products list of

such devices published by the United States Department of
breath, to be considered valid and

admissible in evidence:

1. Shall have been performed by an individual possessing a

valid permit issued by the Board of Tests for Alcohol and Drug

Influence for this purpose;

2. Shall have been performed on a breath alcohol measurement

device appearing on the most current conforming products list of

such devices published by the United States Department of

Transportation in the Federal Register, and utilizing a calibrating

unit appearing on the most current conforming products list of such

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devices published by the United States Department of Transportation

in the Federal Register;

3. Shall have been performed on a device maintained by the

Board of Tests for Alcohol and Drug Influence; and

4. Shall have been performed in accordance with the operating

procedure prescribed by the State Director of Tests or the Board of

Tests for Alcohol and Drug Influence.

E. 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.

F. 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.

G. 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.

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H. 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
ining 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.

I. 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.

J. 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

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intoxicating substance or the combined influence of alcohol and any

other intoxicating substance.

K. 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.