Oklahoma DUI Breath Test Refusal

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Like many other states, Oklahoma has what is known as an “Implied Consent” law. Essentially, this law states that by driving on Oklahoma roads, you automatically give consent to submit to chemical BAC testing if a law enforcement officer suspects you of driving under the influence.

Once you have been arrested for DUI, the officer will read you the Implied Consent Warning. This warning basically states that the arresting officer had reasonable grounds to suspect you of DUI and “requests” that you submit to a chemical—that is, breath or blood—BAC test. The warning also states that you are not entitled to speak with an attorney before making your decision and that refusing the test will result in the suspension of your driver’s license.

Do I have to take the test?

In a word, no. You do have the right to refuse the test; however, you should keep in mind that prosecutors often like to present a refusal as evidence that the driver knew he or she was over the limit.

The only time you may be forced to take a BAC test is if you were involved in an accident in which serious injury or death occurred. If you decide to take the test, you should immediately tell the officer that you want your own independent blood test, and that you will pay for it. Do not let them talk you out of this—keep asking. If they do not provide you with an independent test, then it could invalidate their test.

What happens if I refuse the test or test over the legal limit?

Both of these scenarios—refusing the test and testing over the legal limit—will trigger the same actions. The officer will confiscate your driver’s license and serve you with an Officer’s Affidavit and Notice of Revocation/Disqualification. At this point, the clock starts ticking on your 30 day driving permit. At the end of those 30 days, your license will be automatically revoked for a period of no less than six months unless an administrative hearing is requested within the 30 days.

Even though the temporary driving permit is good for 30 days, you only have half that time—just 30 days—to contact the Department of Public Safety (DPS) and request an administrative license hearing. This administrative license hearing is the only chance you will have to reverse the revocation and save your driving privileges. If you do not request the hearing within the allotted 30 days, you will forfeit your chance to have the administrative hearing and the license revocation will go into effect on the 30th day following your arrest.

Help for your Oklahoma DUI

If you have been charged with DUI in Oklahoma, call the Hunsucker Legal Group, based in Oklahoma City. We help hundreds of clients obtain favorable rulings in their DPS administrative license hearings and criminal court trials every year. If you call within 30 days of being arrested, we can also arrange the DPS hearing on your behalf.

Call 405-231-5600 to schedule a free, no-risk case consultation with the Hunsucker Legal Group today.

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