Arrest of license holders - Notice to ABLE Commission - Circumstances for immunity from prosecution.

  1. Law
  2. Oklahoma Statutes
  3. Alcoholic Beverage
  4. Arrest of license holders - Notice to ABLE Commission - Circumstances for immunity from prosecution.

Checkout our iOS App for a better way to browser and research.

A. All law enforcement officers, upon the arrest of any holder of a license issued by the ABLE Commission for a violation of any state law or municipal ordinance in which the violation of any alcoholic beverage law had any part, shall immediately notify the ABLE Commission thereof. Such officers shall notify the ABLE Commission of any acts, practices or other conduct of any such licensee which may be subversive to the general welfare or contrary to the spirit of the Oklahoma Alcoholic Beverage Control Act and shall recommend appropriate action to be taken by the ABLE Commission or the Oklahoma Tax Commission.

B. A peace officer may not take a person into custody based solely on the commission of an offense involving alcohol described in subsection C of this section if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:

1. The law enforcement officer has contact with the person because the person requested emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; and

2. The person:

  • a.provided the person's full name and any other relevant information requested by the law enforcement officer,
  • b.remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance arrived, and
  • c.cooperated with emergency medical assistance personnel and law enforcement officers at the scene.

C. A person who meets the criteria of subsection B of this section is immune from criminal prosecution for an offense under subsection D of Section 141 of this act if the offense involved a state of intoxication caused by the person's use of alcohol or if the offense involved the person being, or becoming, intoxicated as a result of the person's use of alcohol.

D. A person may not initiate or maintain an action against a peace officer or the employing political subdivision based on the officer's compliance or failure to comply with this section.

E. For the purposes of this section, "peace officer" shall have the same meaning as defined in Section 99 of Title 21 of the Oklahoma Statutes.

Added by Laws 2016, c. 366, § 166, eff. Oct. 1, 2018.

NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.


Download our app to see the most-to-date content.