A. If a conscious person under arrest refuses to submit to testing of his or her blood or breath for the purpose of determining the alcohol concentration thereof, or to a test of his or her blood, saliva or urine for the purpose of determining the concentration of any intoxicant, none shall be given, unless the investigating officer has probable cause to believe that the person under arrest, while intoxicated, has operated an aircraft in such a manner as to have caused the death or serious physical injury of any other person or persons. In such event, such test otherwise authorized by law may be made in the same manner as if a search warrant had been issued for such test or tests. The sample shall be taken in a medically acceptable manner at a hospital or other suitable health care facility.
B. Any refusal by a conscious person to submit to testing shall be reported to the Federal Aviation Administration Flight Standards District Office having jurisdiction over the county in which the alleged violation of Section 1 of this act occurred.
Added by Laws 1991, c. 248, § 4, eff. Sept. 1, 1991.
Structure Oklahoma Statutes
Title 3. Aircraft and Airports.
§3-61. Municipalities may acquire and operate airports - Eminent domain - Bonds.
§3-65.4. Disposal of airport property.
§3-65.5. Operation and use privileges.
§3-65.7. Delegation of authority to airport officer or board.
§3-65.8. Regulations and jurisdiction.
§3-65.9. Appropriations and taxation.
§3-65.10. Bond issues - Financing acquisitions, costs and improvements.
§3-65.11. Validation of prior acquisitions, actions and bond issues.
§3-65.12. Application of airport revenues and sale proceeds.
§3-65.13. Federal and state aid.
§3-65.16. Public purpose, county and municipal purpose.
§3-65.17. Airport property and income exempt from taxation.
§3-65.18. Supplementary authority.
§3-65.19. Saving clause - Airport zoning.
§3-65.20. Interpretation and construction.
§3-85. Powers and duties of Commission.
§3-85.1. Powers of commission - Acceptance of title to real or personal property - Improvements.
§3-85.3. Aerospace and Defense Development Act of 2013.
§3-86. Public and governmental functions.
§3-87. Use of facilities, services and resources of other agencies - Cooperation.
§3-88. Provisions not mandatory.
§3-89. Transfer of powers and duties.
§3-90. Construction and repair of airports in various counties - Minimum runways - Federal funds.
§3-91. Oklahoma Aeronautics Commission Revolving Fund.
§3-92. Lease of state-owned lands for oil, gas, mining and agricultural purposes.
§3-93. Disposition of funds received.
§3-102. Airport hazards contrary to public interest.
§3-102.1. Permit for erection, alteration or modification of certain structures.
§3-102.2. Zoning regulations to permit certain variances.
§3-103. Power to adopt airport zoning regulations - Joint boards.
§3-104. Relation to comprehensive zoning regulations.
§3-105. Procedure for adoption of zoning regulations.
§3-106. Airport zoning requirements.
§3-107. Permits and variances.
§3-109. Administration of airport zoning regulations.
§3-112. Enforcement and remedies.
§3-113. Acquisition of air rights.
§3-116. Preparation of zoning codes.
§3-120.1. Short title - Aircraft Pilot and Passenger Protection Act.
§3-120.3. Construction permit.
§3-120.4. Construction of structure for an incompatible purpose.
§3-120.5. Hazards to air navigation.
§3-120.6. Permit application - Required components.
§3-120.7. Permit application - With or without FAA Form 7460-1.
§3-120.8. Application process after issuance of permit - Amending a permit.
§3-120.9. Validity of permit issued under Section 3 of Aircraft Pilot and Passenger Protection Act.
§3-120.10. Notification of denial of permit.
§3-120.11. Applicability of act.
§3-120.12. Violation of act - Fine.
§3-120.14. Authority to promulgate rules.
§3-201. State owned aircraft - Liability insurance - Limits.
§3-205. Rental of aircraft - Notice of insurance coverage - Violations.
§3-253. Aircraft - Exemptions.
§3-254. Application for registration.
§3-254.1. Sale of new or used aircraft – Dealer licenses – Denial, suspension and revocation - Fine.
§3-254.4. Termination, cancellation, nonrenewal of agreement - Good cause - Notice.
§3-254.5. Private right of action - Damages - Applicability - Effect on multiple contracts - Dealer.
§3-255. Certificates of registration - Filing - Fees.
§3-256. Registration fees - Schedule and rates.
§3-256.1. Lien filing fee - Agency special account.
§3-257. Rules and regulations.
§3-271. Possession of airman's certificate and medical certificate while operating aircraft.
§3-281. Installation of nonconforming fuel tank, bladder, drum, or other container.
§3-301. Operation of aircraft under influence of intoxicants - Definitions - Penalties - Treatment.
§3-302. Tests to determine concentration of intoxicants - Implied consent.
§3-303. Drawing or collecting of specimens - Use as evidence - Independent tests.
§3-304. Refusal to submit to testing.
§3-305. Admissibility of evidence - Evidence of intoxication.
§3-306. Report of conviction to federal agency.
§3-307. Permitting aircraft to be operated by person under influence of intoxicant - Penalties.
§3-308. Proof of intoxication by other competent evidence.
§3-322. Critical infrastructure facility – Unmanned aircraft prohibited.
§3-351. Short title – Space Flight Liability and Immunity Act – Definitions.
§3-373. Short title - Oklahoma Advanced Mobility Pilot Program.
§3-374. Focus of program – Eligible communities – Advisory Council – Matching grant awards.
§3-375. Oklahoma Advanced Mobility Pilot Project Revolving Fund.
§3-401. Competitive bidding process for contracts.
§3-411. Short title - Oklahoma Air Service Development Grant Program.
§3-413. Oklahoma Air Service Development Grant Program.
§3-414. Oklahoma Air Service Development Grant Program Revolving Fund.