Oklahoma Administrative Code
Title 40 - Board of Tests for Alcohol and Drug Influence
Chapter 20 - Specimens
Section 40:20-1-2 - Designation by law enforcement agencies of blood or breath to be tested for alcohol content

Universal Citation: OK Admin Code 40:20-1-2

Current through Vol. 41, No. 13, March 15, 2024

(a) Law enforcement agencies may designate either blood or breath as the specimen to be obtained and tested for the alcohol concentration thereof, but such designation shall not affect the validity of an otherwise valid test. Such designation shall be submitted on agency letterhead to the principal administrative office of the Board for record keeping purposes.

(b) for any person physically incapable, by reason of illness or injury or other physical disability or unconsciousness, of submitting to and successfully completing a test or tests of breath for the alcohol concentration thereof, a test or tests of blood for the alcohol concentration thereof shall be an approved alternate test to be administered to such person.

Amended at 27 Ok Reg 2663, eff 8-26-10

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