Oklahoma Administrative Code
Title 40 - Board of Tests for Alcohol and Drug Influence
Chapter 35 - Analysis of Alcohol in Blood
Section 40:35-1-3 - Analysis of blood specimens for alcohol

Universal Citation: OK Admin Code 40:35-1-3

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

(a) Methods and procedures. Analysis of State's or retained blood specimens for alcohol may be carried out by any method or procedure approved by authority of the Board of Tests for Alcohol and Drug Influence.

(b) Laboratory and analyst. Analysis of a State's or retained blood specimen shall be carried out only and in its entirety in the Forensic Alcohol Laboratory, approved by the Board of Tests for Alcohol and Drug Influence, to which such retained blood specimen was originally sent or delivered by the law enforcement agency responsible for its collection. Such analysis shall be performed by a person holding a currently valid Forensic Alcohol Analysis Permit, issued by authority of the Board of Tests for Alcohol and Drug Influence.

(c) Reporting results. The results of analyses for alcohol of State's or retained blood specimens shall be reported in terms of the concentration of alcohol in the subject's blood, in grams per one hundred (100) milliliters of blood (g/100 mL), and shall be stated to the second or third decimal place (0.XX g/100 mL or 0.XXX g/100mL). Results of analyses of retained blood specimens which are within three-hundredths (0.03 0) grams of alcohol per one hundred (100) milliliters of blood of the results of the corresponding analysis performed upon the State's blood specimen obtained from the same subject shall be deemed confirmatory and substantiative of such blood-alcohol analysis results on the State's blood specimen, as a scientifically acceptable tolerance.

Amended at 14 Ok Reg 1535, eff 7-1-97

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