§ 3-115. Interpretation of chemical tests.
Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, evidence of the amount of alcohol or drugs in the person’s blood at the time of the act alleged as shown by a chemical analysis of blood, breath, saliva or urine is admissible. For the purpose of this section:
A. If there was at that time less than 0.06 percent by weight of alcohol in the person’s blood, it shall be a rebuttable presumption that the person was not under the influence of an alcoholic beverage at the time of the alleged offense;
B. If there was at that time 0.06 percent or more, but less than 0.08 percent by weight of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense;
C. If there was at that time 0.08 percent or more by weight of alcohol in the person’s blood, it shall be a rebuttable presumption that the person was under the influence of an alcoholic beverage at the time of the alleged offense;
D. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath;
E. The results of such chemical analysis shall be received in evidence when it is shown that the test was fairly administered; provided, that a test of a person’s blood, urine, breath or other bodily substance and the result thereof is further shown to have been performed according to methods and/or with devices approved by the State of Oklahoma Toxicologist and by an individual possessing a certificate of qualification to administer the test issued by the State Toxicologist. The State Toxicologist is authorized to approve satisfactory techniques, devices and methods of chemical analysis. The State Toxicologist may appoint, train, certify, and supervise field inspectors of breath testing equipment and its operation, and the inspectors shall report the findings of any inspection to the State Toxicologist for appropriate action;
F. If there is evidence the person had also consumed a drug it will be in the Trial Court’s discretion whether or not to allow the presumption provision of this section into evidence.