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:

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 act¹ 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.