Implied Consent to Breath Test, Blood Test or Other Test for Determining Concentration of Alcohol or Other Intoxicating Substance

OSCN Found Document:Implied Consent to Breath Test, Blood Test or Other Test for Determining Concentration of Alcohol or Other Intoxicating Substance

Title 47. Motor Vehicles

Oklahoma Statutes Citationized
  Title 47. Motor Vehicles
    Chapter 67
        Section 751 - Implied Consent to Breath Test, Blood Test or Other Test for Determining Concentration of Alcohol or Other Intoxicating Substance

Superceded

Superceded On: 06/09/2004
Cite as: O.S. §, __ __

A. 1. Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes or other public place 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 and 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 while under the influence of 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 and regulations 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 and concentration of any other intoxicating substance therein.

In the event the 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 and 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 and concentration of any other intoxicating substance therein, shall be 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, 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.

Historical Data

Laws 1967, SB 28, c. 86, § 1, eff. January 1, 1969; Amended by Laws 1975, SB 264, c. 119, § 1, emerg. eff. May 13, 1975; Amended by Laws 1982, HB 1677, c. 273, § 4, eff. October 1, 1982; Amended by Laws 1982, HB 1699, c. 294, § 2, emerg. eff. July 1, 1982; Amended by Laws 1994, SB 741, c. 387, § 6, eff. July 1, 1995; Amended by Laws 1995, SB 127, c. 313, § 4, emerg. eff. July 1, 1995; Amended by Laws 1999, SB 695, c. 106, § 6, emerg. eff. April 19, 1999 (superseded document available); Amended by Laws 2002, HB 2721, c. 410, § 1, eff. November 1, 2002 (superseded document available).

Citationizer^® Summary of Documents Citing This Document

Cite Name Level

Oklahoma Court of Criminal Appeals Cases

Cite Name Level

1989 OK CR 15, 773 P.2d 1273, HARRIS v. STATE Cited

1992 OK CR 51, 837 P.2d 917, BRONN v. CITY OF TULSA Discussed

1992 OK CR 69, 840 P.2d 644, STATE v. SHEPHERD Cited

1996 OK CR 14, 915 P.2d 932, KANE v. STATE Cited

1978 OK CR 25, 576 P.2d 1181, STATE v. WOOD Discussed

2002 OK CR 5, 42 P.3d 289, 73 OBJ 581, GUEST v. STATE Discussed at Length

1975 OK CR 56, 533 P.2d 997, MOORE v. STATE Discussed

1979 OK CR 117, 602 P.2d 229, WATTS v. STATE Cited

1980 OK CR 26, 610 P.2d 262, SARTIN v. STATE Discussed

1980 OK CR 65, 617 P.2d 219, SARTIN v. STATE Discussed at Length

1981 OK CR 97, 633 P.2d 1249, BAILEY v. STATE Cited

1982 OK CR 78, 646 P.2d 1288, ISOM v. STATE Cited

1971 OK CR 266, 487 P.2d 1005, JOHNSON v. STATE Cited

1971 OK CR 499, 491 P.2d 316, BAILEY v. CITY OF TULSA Discussed

1972 OK CR 50, 494 P.2d 659, BARNES v. OKLAHOMA CITY Cited

1973 OK CR 119, 507 P.2d 586, FLYNT v. STATE Cited

1984 OK CR 68, 682 P.2d 235, McCULLICK v. STATE Cited

1984 OK CR 82, 686 P.2d 290, HOLT v. STATE Cited

1973 OK CR 314, 512 P.2d 814, VERNON v. STATE Cited

1973 OK CR 324, 512 P.2d 825, STATE v. CARSON Cited

1987 OK CR 173, 741 P.2d 884, MARR v. STATE Cited

1976 OK CR 283, 556 P.2d 638, ROSS v. STATE Discussed

Oklahoma Court of Civil Appeals Cases

Cite Name Level

1989 OK CIV APP 64, 785 P.2d 332, 61 OBJ 211, Burris v. State, ex rel. Dept. of Public Safety Discussed

1992 OK CIV APP 131, 848 P.2d 35, 64 OBJ 684, Webb v. State ex rel. Dept. of Public Safety Cited

1994 OK CIV APP 41, 872 P.2d 957, 65 OBJ 1363, Richards v. State, ex rel. Dept. of Public Safety Cited

1994 OK CIV APP 19, 875 P.2d 439, 65 OBJ 1983, Rittman v. State ex rel. Dept. of Public Safety Discussed

2001 OK CIV APP 94, 28 P.3d 1159, 72 OBJ 2223, GROVE v. STATE ex. rel. DEPT. OF PUBLIC SAFETY Cited

1995 OK CIV APP 4, 889 P.2d 1290, 66 OBJ 638, Post v. State ex rel. Dept. of Public Safety Discussed at Length

1995 OK CIV APP 80, 898 P.2d 180, 66 OBJ 2062, Davie v. State ex rel. Dept. of Public Safety Discussed at Length

1975 OK CIV APP 51, 539 P.2d 1402, APPLICATION OF HENDRIX Cited

1994 OK CIV APP 186, 872 P.2d 942, 65 OBJ 1366, FAIRRES v. STATE EX REL. DEPT. OF P.S. Cited

1998 OK CIV APP 20, 955 P.2d 758, CRAWFORD v. OKLAHOMA Cited

Oklahoma Supreme Court Cases

Cite Name Level

1993 OK 31, 849 P.2d 400, 64 OBJ 990, Baldwin v. State ex rel. Dept. of Public Safety Cited

1993 OK 58, 851 P.2d 1078, 64 OBJ 1414, Rick v. State ex rel. Dept. of Public Safety Cited

1994 OK 62, 876 P.2d 667, 65 OBJ 1940, Manning v. State ex rel. Dept. of Public Safety Cited

2002 OK 46, 61 P.3d 888, JUSTUS v. STATE EX. REL. DEPT. OF PUBLIC SAFETY Discussed at Length

1972 OK 47, 496 P.2d 1169, R.W. RINE DRILLING COMPANY v. FERGUSON Discussed

1972 OK 126, 501 P.2d 1099, ROBERTSON v. STATE EX REL. LESTER Cited

1973 OK 20, 507 P.2d 1225, PHARES v. DEPARTMENT OF PUBLIC SAFETY Cited

1973 OK 80, 512 P.2d 128, OKLAHOMA DEPARTMENT OF PUBLIC SAFETY v. ROBINSON Cited

2003 OK 117, 84 P.3d 725, PLETCHER v. STATE ex rel. DEPT. OF PUBLIC SAFETY Discussed

1974 OK 95, 531 P.2d 1011, APPLICATION OF BAGGETT Cited

1975 OK 175, 544 P.2d 516, KUYKENDALL v. DEPARTMENT OF PUBLIC SAFETY Cited

1980 OK 21, 606 P.2d 1131, White v. Oklahoma Dept. of Public Safety Discussed

1976 OK 8, 545 P.2d 769, MARQUARDT v. WEBB Cited

1976 OK 44, 549 P.2d 345, YEAGER v. FARMER Discussed at Length

1976 OK 68, 551 P.2d 259, SNODGRESS v. STATE OF OKLA., DEPT OF PUB. SAF. Cited

1980 OK 44, 611 P.2d 235, Braddy, Matter of Discussed

1976 OK 183, 557 P.2d 908, PETERS v. OKLAHOMA DEP'T OF PUBLIC SAFETY Cited

1979 OK 50, 593 P.2d 492, ANDREWS v. OKLAHOMA DEPT. OF PUB. SAFETY Cited

1999 OK 69, 988 P.2d 898, 70 OBJ 2233, Childs v. State ex rel. Dept. of Public Safety Cited

1984 OK 16, 680 P.2d 365, Smith v. State ex rel. Dept. of Public Safety Discussed at Length

1984 OK 21, 681 P.2d 750, Appeal of Dungan Cited

Oklahoma Session Laws - 2002

Cite Name Level

2002 O.S.L. 410, 2002 O.S.L. 410, Motor vehicles; relating to tests used to determine concentration of alcohol or other intoxicating substances. Effective date. Discussed

Title 47. Motor Vehicles

Cite Name Level

47 O.S. 751, Implied Consent to Breath, Blood, or Other Test for Determining Concentration of Alcohol or Other Intoxicating Substance Cited

Citationizer: Table of Authority

Cite Name Level

Title 47. Motor Vehicles

Cite Name Level

47 O.S. 751, Implied Consent to Breath Test, Blood Test or Other Test for Determining Concentration of Alcohol or Other Intoxicating Substance Cited

Cite	Name	Level
Oklahoma Court of Criminal Appeals Cases
	Cite	Name	Level
	1989 OK CR 15, 773 P.2d 1273,	HARRIS v. STATE	Cited
	1992 OK CR 51, 837 P.2d 917,	BRONN v. CITY OF TULSA	Discussed
	1992 OK CR 69, 840 P.2d 644,	STATE v. SHEPHERD	Cited
	1996 OK CR 14, 915 P.2d 932,	KANE v. STATE	Cited
	1978 OK CR 25, 576 P.2d 1181,	STATE v. WOOD	Discussed
	2002 OK CR 5, 42 P.3d 289, 73 OBJ 581,	GUEST v. STATE	Discussed at Length
	1975 OK CR 56, 533 P.2d 997,	MOORE v. STATE	Discussed
	1979 OK CR 117, 602 P.2d 229,	WATTS v. STATE	Cited
	1980 OK CR 26, 610 P.2d 262,	SARTIN v. STATE	Discussed
	1980 OK CR 65, 617 P.2d 219,	SARTIN v. STATE	Discussed at Length
	1981 OK CR 97, 633 P.2d 1249,	BAILEY v. STATE	Cited
	1982 OK CR 78, 646 P.2d 1288,	ISOM v. STATE	Cited
	1971 OK CR 266, 487 P.2d 1005,	JOHNSON v. STATE	Cited
	1971 OK CR 499, 491 P.2d 316,	BAILEY v. CITY OF TULSA	Discussed
	1972 OK CR 50, 494 P.2d 659,	BARNES v. OKLAHOMA CITY	Cited
	1973 OK CR 119, 507 P.2d 586,	FLYNT v. STATE	Cited
	1984 OK CR 68, 682 P.2d 235,	McCULLICK v. STATE	Cited
	1984 OK CR 82, 686 P.2d 290,	HOLT v. STATE	Cited
	1973 OK CR 314, 512 P.2d 814,	VERNON v. STATE	Cited
	1973 OK CR 324, 512 P.2d 825,	STATE v. CARSON	Cited
	1987 OK CR 173, 741 P.2d 884,	MARR v. STATE	Cited
	1976 OK CR 283, 556 P.2d 638,	ROSS v. STATE	Discussed
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Level
	1989 OK CIV APP 64, 785 P.2d 332, 61 OBJ 211,	Burris v. State, ex rel. Dept. of Public Safety	Discussed
	1992 OK CIV APP 131, 848 P.2d 35, 64 OBJ 684,	Webb v. State ex rel. Dept. of Public Safety	Cited
	1994 OK CIV APP 41, 872 P.2d 957, 65 OBJ 1363,	Richards v. State, ex rel. Dept. of Public Safety	Cited
	1994 OK CIV APP 19, 875 P.2d 439, 65 OBJ 1983,	Rittman v. State ex rel. Dept. of Public Safety	Discussed
	2001 OK CIV APP 94, 28 P.3d 1159, 72 OBJ 2223,	GROVE v. STATE ex. rel. DEPT. OF PUBLIC SAFETY	Cited
	1995 OK CIV APP 4, 889 P.2d 1290, 66 OBJ 638,	Post v. State ex rel. Dept. of Public Safety	Discussed at Length
	1995 OK CIV APP 80, 898 P.2d 180, 66 OBJ 2062,	Davie v. State ex rel. Dept. of Public Safety	Discussed at Length
	1975 OK CIV APP 51, 539 P.2d 1402,	APPLICATION OF HENDRIX	Cited
	1994 OK CIV APP 186, 872 P.2d 942, 65 OBJ 1366,	FAIRRES v. STATE EX REL. DEPT. OF P.S.	Cited
	1998 OK CIV APP 20, 955 P.2d 758,	CRAWFORD v. OKLAHOMA	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Level
	1993 OK 31, 849 P.2d 400, 64 OBJ 990,	Baldwin v. State ex rel. Dept. of Public Safety	Cited
	1993 OK 58, 851 P.2d 1078, 64 OBJ 1414,	Rick v. State ex rel. Dept. of Public Safety	Cited
	1994 OK 62, 876 P.2d 667, 65 OBJ 1940,	Manning v. State ex rel. Dept. of Public Safety	Cited
	2002 OK 46, 61 P.3d 888,	JUSTUS v. STATE EX. REL. DEPT. OF PUBLIC SAFETY	Discussed at Length
	1972 OK 47, 496 P.2d 1169,	R.W. RINE DRILLING COMPANY v. FERGUSON	Discussed
	1972 OK 126, 501 P.2d 1099,	ROBERTSON v. STATE EX REL. LESTER	Cited
	1973 OK 20, 507 P.2d 1225,	PHARES v. DEPARTMENT OF PUBLIC SAFETY	Cited
	1973 OK 80, 512 P.2d 128,	OKLAHOMA DEPARTMENT OF PUBLIC SAFETY v. ROBINSON	Cited
	2003 OK 117, 84 P.3d 725,	PLETCHER v. STATE ex rel. DEPT. OF PUBLIC SAFETY	Discussed
	1974 OK 95, 531 P.2d 1011,	APPLICATION OF BAGGETT	Cited
	1975 OK 175, 544 P.2d 516,	KUYKENDALL v. DEPARTMENT OF PUBLIC SAFETY	Cited
	1980 OK 21, 606 P.2d 1131,	White v. Oklahoma Dept. of Public Safety	Discussed
	1976 OK 8, 545 P.2d 769,	MARQUARDT v. WEBB	Cited
	1976 OK 44, 549 P.2d 345,	YEAGER v. FARMER	Discussed at Length
	1976 OK 68, 551 P.2d 259,	SNODGRESS v. STATE OF OKLA., DEPT OF PUB. SAF.	Cited
	1980 OK 44, 611 P.2d 235,	Braddy, Matter of	Discussed
	1976 OK 183, 557 P.2d 908,	PETERS v. OKLAHOMA DEP'T OF PUBLIC SAFETY	Cited
	1979 OK 50, 593 P.2d 492,	ANDREWS v. OKLAHOMA DEPT. OF PUB. SAFETY	Cited
	1999 OK 69, 988 P.2d 898, 70 OBJ 2233,	Childs v. State ex rel. Dept. of Public Safety	Cited
	1984 OK 16, 680 P.2d 365,	Smith v. State ex rel. Dept. of Public Safety	Discussed at Length
	1984 OK 21, 681 P.2d 750,	Appeal of Dungan	Cited
Oklahoma Session Laws - 2002
	Cite	Name	Level
	2002 O.S.L. 410, 2002 O.S.L. 410,	Motor vehicles; relating to tests used to determine concentration of alcohol or other intoxicating substances. Effective date.	Discussed
Title 47. Motor Vehicles
	Cite	Name	Level
	47 O.S. 751,	Implied Consent to Breath, Blood, or Other Test for Determining Concentration of Alcohol or Other Intoxicating Substance	Cited