Challenging a Claim of Refusal in Oklahoma Hearing

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Question: Is it possible to challenge a claim of refusal in the Oklahoma administrative license hearing?

Answer: You can. It’s really going to kind of depend on the facts specific as to what took place, as to whether the person actually refused to take the test. There have been instances where, for example, somebody has given a sample, they’re trying to do what they can, but there’s actually a problem with the instrument. The officer thinks that the person’s just trying to not participate when they are, and the problem really may be with the instrument itself. So that may be a case where we go and compile a history on that instrument and get records from the Board of Tests to show, actually, this instrument’s got a problem with it. Because if you’ve got a high number of people that are all refusals on the same instrument, obviously there’s a problem. Something might be an instance where we can go and challenge a refusal.

Also, there is some law out there where somebody might refuse to take a test but later change their mind and decide to take the test, and the officer won’t let them take the test. There are certain criteria under case law that have to be met, such as are you still within your two-hour time limit to take the test, it’s not a huge inconvenience to law enforcement to go ahead and run the test, things like that, to where somebody could actually change their mind.

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