Breath Testing

Overview

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 150 breath testing instruments, certification of approximately 3,700 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.

Approved Evidential Breath-Alcohol Analyzers

The following breath alcohol testing devices are approved evidential breath-alcohol analyzers in the state of Oklahoma in compliance with Oklahoma Administrative Code, Title 40, Chapter 25:

• A.The Model 5000-D Intoxilyzer (manufactured by CMI, Inc., Owensboro, KY 42301, or its successors) is approved for analysis of alcohol in breath specimens and is designated as an automated analyzer, and
• B. The Model 8000 Intoxilyzer (manufactured by CMI, Inc., Owensboro, KY 42301, or its successors) is approved for analysis of alcohol in breath specimens and is designated as an automated analyzer.

Approved Alcoholic Breath Testing External Control, Methods and Devices

The following alcoholic breath testing external control, methods and devices are approved, for use in association with any breath-alcohol analysis apparatus, device, or instrument for the determination of the alcohol concentration of breath specimens approved for that purpose by the Board of Tests for Alcohol and Drug Influence in accordance with the Oklahoma Administrative Code, Title 40, Chapter 25:

• Alcoholic Breath Simulator, Model Mark IIA, National Draeger, Inc., Pittsburgh, PA, or its predecessors or successors,
• Alcoholic Breath Simulator, Model 34C, Guth Laboratories, Inc., Harrisburg, PA, or its predecessors or successors,
• Alcoholic Breath Simulator, Model 10-4, Guth Laboratories, Inc., Harrisburg, PA, or its predecessors or successors,
• Alcoholic Breath Simulator, Model 210021, Guth Laboratories, Inc., Harrisburg, PA, or its predecessors,
• Alcoholic Breath Simulator, Model 2100, Guth Laboratories, Inc., Harrisburg, PA, or its predecessors,
• Pressurized gas cylinders containing a known breath-alcohol equivalent ratio of nitrogen and ethanol gas.

Board of Tests for Alcohol and Drug Influence
3600 North Martin Luther King Avenue, Building 9
PO Box 36307
Oklahoma City, OK  73136-2307
405-425-2460    405-425-2490 Fax