In 1967, Senate Bill 28 of the 31st Oklahoma legislature authorized chemical tests for intoxication and created the State Board of Chemical Tests for Alcoholic Influence. The Board created the position of State Director of Tests and developed rules governing evidential breath testing, approved breath test instruments and created a training program to certify instrument operators. These rules are contained in the Oklahoma Administrative Code. In the years that followed, the name was changed to The Board of Tests for Alcohol and Drug Influence and was designated as a state agency in the early 2000's.
The Administrative Offices of the Board, through the State Director of Tests, administers and regulates the state breath alcohol testing program in compliance with the Oklahoma Administrative Code. All analyses conducted by state, county, and municipal law enforcement officials are performed in accordance with these regulations, which require the certification of all aspects of breath testing. These breath alcohol analyses are performed in conjunction with various alcohol related criminal offenses and the enforcement of the implied consent laws.
Duties include maintenance of the state inventory of approximately 188 breath testing instruments, certification of approximately 3,800 breath test operators, and conducting approximately 40 breath test operator certification courses per year. Additionally, the Board also provides expert testimony as needed in contested criminal, civil, and administrative breath test cases. The rules of Title 40 in the Oklahoma Administrative Code have been adopted to comply with the provisions of the Administrative Procedures Act, 75 O.S., Sections 302, 305, and 307. They concern and control the organization, powers, duties, operations, and procedures of the Board with respect to its administration, rule-making, individual proceedings, and other activities.
Functions of the Board
Approve, maintain, and/or regulate devices, equipment and other items used for or involved in tests for alcohol and other intoxicating substances under the provisions of 47 O.S., Sections 751-761 and 3 O.S., Section 303 and 63 O.S., Section 4210A.
- Ensure, through the rules adopted by the Board of Tests for Alcohol and Drug Influence, the collection and analysis of a person's blood, breath, saliva or urine is performed in such manner as to be considered valid and admissible in evidence.
- Establish the qualifications and requirements for personnel qualified to collect specimens of breath from human subjects for the determination of the alcohol concentration thereof, by direct or delayed analysis and provide the training necessary to meet those minimum standards set by state statute and the Board.
- Establish the qualifications and requirements for persons authorized to withdraw blood for the purpose of determining the concentration of alcohol or other intoxicating substance therein, when acting at the request of a law enforcement officer or of an arrested person under the provisions of 47 O.S.
- Establish the qualifications and requirements for laboratories in which analysis for alcohol of specimens of blood, hereinafter termed "forensic alcohol analysis" is performed under the provisions of 47 O.S., 3 O.S., 63 O.S. and laboratories in which analysis for drugs and other intoxicating substances of specimens of blood, hereafter termed "forensic drug analysis" is performed under the provisions of 47 O.S., Section 751.
- License those devices, entities and persons involved in the ignition interlock industry in Oklahoma and, by administrative oversight, ensure they meet the standards established in the BOT and under the provisions of 47 O.S., Section 6-212.3 and 47 O.S., Section 754.1 and 22 O.S., Section 991a.