Oklahoma Administrative Code Title 40 - Board of Tests for Alcohol and Drug Influence
Here’s an overview of Oklahoma Administrative Code Title 40 – Board of Tests for Alcohol and Drug Influence:
📘 Title 40 — Scope & Structure
Title 40 governs the administration, regulation, and procedures related to alcohol and drug testing tied to impaired-driving enforcement, as overseen by the Oklahoma Board of Tests for Alcohol and Drug Influence, a state agency under the Secretary of Safety and Security It includes rules on breath tests, blood tests, lab accreditation, personnel certification, equipment standards, ignition interlock programs, record‑keeping, and procedural operations
🔍 Chapters of Title 40
Chapter 1 – Organization, Operations, Procedures, Policies
Establishes the Board’s authority, rule‑making processes, and operational structure—including the roles of the State Director, Chair, rule petitions, open meetings, and fee schedules
Chapter 10 – Personnel
Defines qualifications, training, permit requirements, and renewal criteria for:
Breath-alcohol operators and instructors
Forensic alcohol/drug analysts
Blood specimen collectors
Sets standards for forensic lab approval, accreditation (e.g., ISO 17025), staffing, quality control, record‑keeping, periodic inspection, and permit renewal
Chapter 20 – Specimens
Details collection, handling, chain-of-custody, retention, transfer, and security of breath, blood, and other specimens (
Chapter 25 – Devices, Equipment & Reference Standards
Specifies approved equipment and instrumentation, laboratory methods, and reference standards used for alcohol and drug testing
Chapter 30 – Analysis of Alcohol in Breath
Although not retrieved in the PDF above, this chapter governs technology, methodology, certification, and protocols for breathalyzer instruments and their operation.
Chapter 35 & Chapter 40 – [Revoked]
These chapters previously covered additional procedures but have since been repealed
Chapter 45 – Records, Reports & Information
Governs documentation standards, reporting formats, retention schedules, and approved forms
Chapter 50 – Ignition Interlock & IDAP
Regulates certification, recertification, service centers, technicians, and the Impaired Driving Accountability Program (IDAP)
Chapter 55 – Screening Devices
Details portable or preliminary screening tools (e.g., handheld alcohol testers) and their specifications.
🛠️ Key Points & Responsibilities
Board & State Director
The Board—and its State Director—have delegated authority to set rules, approve devices/equipment, certify personnel, oversee labs, and manage testing programs pursuant to the Chemical Tests Act (47 O.S. §§ 751–761)
Permits & Accreditation
Specific training, certification, and annual permit renewals are required across breath operators, lab analysts, and specimen collectors. Labs must maintain accreditation, quality assurance, and proficiency testing records .
Equipment & Laboratories
Approved labs must meet ISO 17025 standards (or equivalent) and stay subject to inspections. Breath-testing and ignition interlock devices must be certified and retested annually .
Specimen Handling & Records
Evidentiary chain‑of‑custody rules ensure specimen integrity, while records must be standardized and retained according to Board rules
Title 40 ensures that alcohol and drug testing in DUI enforcement meet rigorous standards—protecting evidence integrity, operator competency, and device reliability. It establishes legal defensibility of test results in court and underpins public safety efforts and compliance via the Ignition Interlock and IDAP programs (tulsaduiguy.com).
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