Okla. Stat. tit. 63, § 63-4210.13
This is the official text of Okla. Stat. tit. 63, § 63-4210.13, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Criminal trials - Use of alcohol or drug tests as
Official statutory text
evidence.
A. Upon the trial of any criminal action or proceeding arising
out of acts alleged to have been committed by any person while
Oklahoma Statutes - Title 63. Public Health and Safety Page 1680
operating or in actual physical control of a vessel while under the
influence of alcohol or any other intoxicating substance, or the
combined influence of alcohol and any other intoxicating substance,
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 Section 4 of this act
and Section 759 of Title 47 of the Oklahoma statutes or evidence of
the presence or concentration of any other intoxicating substance as
shown by analysis of such person's blood, breath, saliva, or urine
specimens in accordance with the provisions of Section 4 of this act
and Section 759 of Title 47 of the Oklahoma Statutes shall be
admissible. Evidence that the person has refused to submit to
either of said analyses is also admissible. For the purpose of this
section, when the person is under the age of twenty-one (21) years,
evidence that there was, at the time of the test, any measurable
quantity of alcohol is prima facie evidence that the person was
under the influence of alcohol in violation of Section 3 of this
act. For persons twenty-one (21) years of age or older:
1. Evidence that there was, at the time of the test, an alcohol
concentration of seven-hundredths (0.07) or less is prima facie
evidence that the person was not under the influence of alcohol; and
2. Evidence that there was, at the time of the test, an alcohol
concentration of eight-hundredths (0.08) or more shall be admitted
as prima facie evidence that the person was under the influence of
alcohol.
B. For purposes of this section, "alcohol concentration" means
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.
C. To be admissible in a proceeding, the evidence shall first
be qualified by establishing that the test was administered to the
person within two (2) hours after the arrest of the person.
A. Upon the trial of any criminal action or proceeding arising
out of acts alleged to have been committed by any person while
Oklahoma Statutes - Title 63. Public Health and Safety Page 1680
operating or in actual physical control of a vessel while under the
influence of alcohol or any other intoxicating substance, or the
combined influence of alcohol and any other intoxicating substance,
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 Section 4 of this act
and Section 759 of Title 47 of the Oklahoma statutes or evidence of
the presence or concentration of any other intoxicating substance as
shown by analysis of such person's blood, breath, saliva, or urine
specimens in accordance with the provisions of Section 4 of this act
and Section 759 of Title 47 of the Oklahoma Statutes shall be
admissible. Evidence that the person has refused to submit to
either of said analyses is also admissible. For the purpose of this
section, when the person is under the age of twenty-one (21) years,
evidence that there was, at the time of the test, any measurable
quantity of alcohol is prima facie evidence that the person was
under the influence of alcohol in violation of Section 3 of this
act. For persons twenty-one (21) years of age or older:
1. Evidence that there was, at the time of the test, an alcohol
concentration of seven-hundredths (0.07) or less is prima facie
evidence that the person was not under the influence of alcohol; and
2. Evidence that there was, at the time of the test, an alcohol
concentration of eight-hundredths (0.08) or more shall be admitted
as prima facie evidence that the person was under the influence of
alcohol.
B. For purposes of this section, "alcohol concentration" means
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.
C. To be admissible in a proceeding, the evidence shall first
be qualified by establishing that the 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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