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What is the procedure for a blood alcohol test?

In Oklahoma, only certain people are allowed to withdraw blood at the request of a law enforcement official to determine what may be in an individual's blood. A few of these groups include medical doctors, physician assistants and nurses licensed by the State Board of Medical Licensure and Supervision. Others qualified to make such a blood draw include those authorized by the Board of Tests for Alcohol and Drug Influence.

Only those certified by the Board may take urine or saliva samples or conduct breath tests. Before the test is conducted, a written form is presented that verifies that the person being tested has consented to the test. Additionally, the form may acknowledge that the person being tested is in custody and/or the test has been ordered by a court.

When blood or any other substance is taken from the body, an additional sample shall be taken. This additional sample must be held by the lab for 60 days and may be tested by an independent lab at the request of the person being tested. No one drawing blood or affiliated with the individual drawing the blood is to be held criminally or civilly liable when drawing blood at the request of an officer.

If an officer asks an individual to take a blood test in a DUI case, he or she may be compelled to do so. Based on the results of that test, that individual may be charged with DUI. However, a DUI defense attorney may be able to help dispute the results of that test or use the results to establish that a driver was not intoxicated when it was taken. The information in this article is not to be construed as specific legal advice.

Source: Oklahoma state courts network, "Section 752 - Procedure for Blood Tests - Authorization - Liability for Withdrawal - Reports", November 12, 2014

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