Legal References
- Administrative Rules
- Proposed or Emergency Administrative Rules
- Chemical Tests - Statutory References
- Chemical Tests - Actions
- Chemical Tests - Declarations, Other Orders, Evaluations
- Ignition Interlock Device - Statutory References
- Ignition Interlock Device - Actions and Memorandums
- Personally Identifiable Data 74 O.S. § 3106.4
Administrative Rules
The rules of the Board of Tests for Alcohol and Drug Influence are contained in Title 40 of the Oklahoma Administrative Code. They may be viewed at the Oklahoma Secretary of State website linked here Office of Administrative Rules.
Please note: The Online Administrative Code is unofficial and contains rules and executive orders as they appear in the database that is used to produce the OAC. The database and the online OAC are updated as soon as possible after rules and executive orders become effective. Official copies can be obtained from the Office of Administrative Rules at the Oklahoma Secretary of State's office.
Oklahoma Statutes can be viewed by visiting the Oklahoma Supreme Courts Network or Click here to go directly to Title 47, Chapter 67.
Chemical Tests - Statutory References
- O.S.47 § 751. Implied Consent to Breath, Blood, or Other Test for Determining Concentration of Alcohol or Other Intoxicating Substance
- O.S.47 § 752. Procedure for Blood Tests - Authorization - Liability for Withdrawal - Reports
- O.S.47 § 753. Refusal to Submit to Test
- O.S.47 § 754. Surrender or Seizure of License - Receipt as Temporary License - Revocation or Denial of Driving Privilege - Hearing
- O.S.47 § 756. Admission of Evidence Shown by Tests
- O.S.47 § 757. Other Competent Evidence - Admissibility
- O.S.47 § 759. Board of Tests for Alcohol and Drug Influence - Members - Authority - Rules - Revolving Fund
- O.S.47 § 759.1. Alcohol Drug Countermeasures Unit Abolished - Employees Transferred
- O.S.47 § 761. Operation of Motor Vehicle While Impaired - Penalties - Suspensions - Violations Not Bondable
- O.S.47 § 11-902. Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof
- O.S.3 § 301 et seq. Operation of Aircraft Under the Influence
- 63 O.S. § 4210 et seq. Operation of Vessel Under the Influence
- 63 O.S. § 2-101 et seq. Uniform Controlled Dangerous Substances Act
- NHTSA Conforming Products Lists
Chemical Tests - Actions
- Action No. 96-01. Definition of Any Measurable Quantity of Alcohol
- Action No. 97-01. Actions or Events Constituting Refusal to Submit to Testing of the Breath for Alcohol
- Action No. 09-02. Operating Procedure for Breath-Alcohol Analysis With the Model 8000 Intoxilyzer and External Printer (only for Breath Tests prior to September 14, 2019)
Effective September 14, 2019, "Operating Procedure for Breath-Alcohol Analysis" was adopted into permanent rule and can be found at the link below:
40:30-1-3. Breath-alcohol analysis with Board approved devices
Chemical Tests - Declarations, Other Orders, Evaluations
Ignition Interlock Device - Statutory References
- O.S.22 § 991a. Sentence - Powers of the Court
- O.S.47 § 6-205.1. Duration of Revocation of Driver License or Driving Privilege
- O.S.47 § 6-211. Right of Appeal to Court
- O.S.47 § 6-212.3. Repeat Offenders and Excessive Users of Alcohol - Restricted License - Ignition Interlock Device
- O.S. 47 § 6-212.5 - Impaired Driver Accountability Program (IDAP) and authority to administer the program and such rules as are necessary relating to ignition interlock devices and the providers of such devices, including fees.
- O.S.47 § 11-902. Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination Thereof
- O.S.47 § 11-902a. Allowing Use of Motor Vehicle Without Ignition Interlock Device - Penalty
- O.S.47 § 11-906.4. Driving Under Influence of Alcohol or Other Intoxicating Substance Prohibited
- O.S.47 § 755. Appeal
- O.S.57 § 612. Processing of Persons Convicted of Driving Under Influence
- NHTSA Conforming Products Lists and Model Specifications
Ignition Interlock Device - Actions and Memorandums
Personally Identifiable Data
Pursuant to 74 O.S. § 3106.4, the Board hereby releases the following information to the public:
1. What personally identifiable data is being stored?
The Board receives and stores driver license data that is obtained during chemical tests for impaired driving offenses or participants that may choose to enroll in BOT IDAP. The data stored consists of First Name, Last Name, Date of Birth, Address, Driver License Number, Vehicle Tag, Sex, Height, Weight, and Eye Color. Additional data related to BOT IDAP stored is email address and phone number.
2. How is this personally identifiable data stored?
The personally identifiable data is stored on an OMES secured server only accessible by Board staff and OMES staff with public safety security clearance.
3. With whom does the Board share the personally identifiable data?
Pursuant to Oklahoma Statute 51 O.S. §24.5A(1)(c); personal information within driver records is confidential and protected. The Federal Driver’s Privacy Protection Act (DPPA), 18 U.S.C. § 2721-2725, regulates access to personal information obtained from motor vehicle records. Under 18 U.S.C. § 2721-2725 and 51 O.S. §24.5A(1)(c), the Oklahoma Board of Tests for Alcohol and Drug Influence will make records containing personal information obtained from motor vehicle records available to a qualified Requester based on the Requester’s certification that the Requester is authorized to obtain and use the records pursuant to 18 U.S.C. § 2721-2725.
No open record requests requesting personal information pertaining to a driver record shall be released without the following form, BOT ADM 3.2, accompanying the request. All open record requests failing to submit the required form will receive redacted documentation ensuring that personal information is protected.
