SECTION 40:20-1-2. Designation by law enforcement agencies of blood or breath to be tested for alcohol content

(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.

(b)   A law enforcement agency designating blood as the specimen to be obtained and tested for the alcohol concentration thereof shall exempt and exclude any person with hemophilia and any person who is taking anticoagulant medication(s) under the direction of a licensed healing arts practitioner from the collection of blood specimen(s) and from submission to test(s) of blood. A test or tests of breath for the alcohol concentration thereof shall be an approved alternate test to be administered to any such person.

(c)   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.

[Source: Amended at 27 Ok Reg 2663, eff 8-26-10]