Okla. Stat. tit. 63, § 63-4210.10

A. Only a licensed medical doctor, licensed osteopathic

physician, licensed chiropractic physician, registered nurse,

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

State Board of Medical Licensure and Supervision, the State Board of

Osteopathic Examiners or Board of Chiropractic Examiners; 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 the presence or concentration of other

intoxicating substance. Only qualified persons authorized by the

Board of Tests for Alcohol and Drug Influence may collect breath,

saliva or urine, or administer tests of breath under the provisions

of this section.

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blood is to be withdrawn;

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whose blood is to be withdrawn has agreed to the withdrawal of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whose blood is to be withdrawn has been placed under arrest and that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 vessel in such manner as to have caused

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

person has been involved in a boating collision and has been removed

from the scene of the collision that resulted in the death or great

bodily injury of any person, as defined in subsection B of Section

646 of Title 21 of the Oklahoma Statutes, 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withdrawn, the person authorized to withdraw the blood and the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.

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C. 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 by the provisions of

Section 3 or 5 of this act, 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

3 or 5 of this act or when acting pursuant to a court order.

D. The blood, breath, saliva or urine specimens obtained shall

be tested by the appropriate test as determined by the Board of

Tests for Alcohol and Drug Influence, 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
ction

3 or 5 of this act or when acting pursuant to a court order.

D. The blood, breath, saliva or urine specimens obtained shall

be tested by the appropriate test as determined by the Board of

Tests for Alcohol and Drug Influence, 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 intoxicating

substance which might have affected the ability of the person tested

to operate a vessel safely.

E. When blood is withdrawn or saliva or urine is collected 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, saliva or urine specimen shall be retained by a

laboratory approved by the Board of Tests for Alcohol and Drug

Influence, 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 Statutes, 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.

F. 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 of Tests for Alcohol and Drug Influence, 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

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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.

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

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. 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
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.

H. Tests of blood or breath for the purpose of determining the

alcohol concentration thereof, and tests of blood, saliva or urine

for the purpose of determining the presence or concentration of any

other intoxicating substance therein, under the provisions of this

section, 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, shall have been

administered or performed in accordance with the rules and

regulations of the Board of Tests for Alcohol and Drug Influence, or

performed by a laboratory that is exempt from the Board rules

pursuant to Section 759 of Title 47 of the Oklahoma Statutes.

I. 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 vessel 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

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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 of Tests for Alcohol and Drug Influence 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 intoxicating substance or the

combined influence of alcohol and any other intoxicating substance.

J. Any agency or laboratory certified by the Board of Tests for

Alcohol and Drug Influence or any agency or laboratory that is

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

the Oklahoma Statutes, which analyzes breath, blood, or urine 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; and

3. The Fatality Analysis Reporting System (FARS) analyst of the

state, upon request.

The results of the tests provided for in this section shall be

admissible in civil actions.