Oklahoma DUI Breath Test Refusals
Oklahoma's implied consent law states that anyone who operates a vehicle on a public roadway automatically gives his or her content to submit to a blood alcohol content (BAC) test if arrested for drunk driving. Those who refuse to take the breath test may be subject to administrative penalties.
Refusing the Breath Test
BAC test results are an important piece of evidence for law enforcement and prosecution in a DUI case. To "encourage" drivers to take the breath test, the penalties for a refusal are harsher than for those who take the test and are over the legal limit of .08%.
After being arrested for drunk driving, the officer will read the implied consent warning, which explains what happens if you fail or refuse the test. You have the right to refuse the breath test. Under current law you cannot be forced to take a blood test, unless you were involved in a serious accident involving others. This forced blood draw is under attack as we speak.
Your driver's license will be automatically suspended for refusing the breath test. If this is your first DUI offense, your license will be revoked for six months. and you will be required to install an ignition interlock device in your vehicle for an additional 18 months if you refused a breath test or you had a test of .15 or higher. The length of the license suspension increases for each subsequent offense.
The prosecution can also use your refusal as evidence that you were under the influence by framing it as an admission of guilt.
Contesting a Breath Test Refusal
A breath test refusal can impact your ability to drive for a significant amount of time. However, contesting this charge may be possible. To do so and administrative hearing must be requested within 15 days of your arrest. For example, if the officer neglected to inform you of the implied consent warning, your refusal could be dismissed.
Board-certified in DUI defense, attorney Bruce Edge has helped many clients accused of a breath test refusal. To learn how Bruce Edge and the team at the Edge Law Firm can help you, please fill out our online contact form now or call (877) DUI-EDGE or (918) 582-6333 to set up your free evaluation.