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What Happens if I Refuse a Breathalyzer in OK?

What You Should Know About DUI Tests in Oklahoma

When you get your driver’s license in Oklahoma, you automatically consent to DUI tests in the event that you are pulled over for being intoxicated while driving. This is called implied consent. This means that, under the law, you must consent to a blood, breath, or urine test to determine your blood alcohol content (BAC). If you are unconscious at the time of the accident, medical personnel have the right to take a blood draw from you to determine BAC.

In Oklahoma, a BAC of 0.08% or above is considered intoxicated. For a first offense, you could face a $1,000 fine and up to one year in jail. On top of that, you could face community service, substance abuse classes, fees, driver’s license suspension, and having an ignition interlock device installed in your vehicle. You could also lose your job and see your auto insurance rates skyrocket.

When you choose to drink and drive, there is a lot at risk. That is why many people who are pulled over for DUI refuse to take these tests.

What the Law Says

Under Oklahoma law, a police officer cannot force someone to submit to DUI testing unless there is a warrant or there was a fatality caused by the accident. However, this does not mean that the driver can simply avoid all consequences by refusing a test.

If you refuse to take the test, the officer will fill out the form, “Officer’s Affidavit and Notice of Revocation/Disqualification.” This form has information about your arrest and puts you on notice that Oklahoma Department of Public Safety (DPS) will revoke your driving privileges in 30 days from the date that you are served. You should also be aware that you will face criminal charges.

A refusal to submit to testing incriminates the person and makes them guilty of a DUI. No evidence of alcohol or drugs in the person’s system is needed to charge the person with a DUI.

A person who refuses to submit to any type of test to determine BAC will have his or her driver’s license revoked for a minimum of 180 days. It is possible that the revocation could last as long as three years.

After that, the person will also be forced to have an ignition interlock device installed in his or her vehicle. This could remain for as long as five years. It is possible that the revocation and use of ignition interlock device could run concurrently. This is up to the court’s discretion.

Contact an Oklahoma Criminal Defense Lawyer Today

A DUI charge can come with long-lasting penalties, such as fines, jail time, and community service. You may lose your driver’s license or even your job. To protect your legal rights and get the best outcome possible, you need an aggressive and experienced Ponca City criminal defense attorney by your side.

At BDIW Law , we will put ourselves in your shoes and give you the best customer service. We will look out for your best interests and consider you—our client—our highest priority. To schedule a free consultation, contact our office today at (580) 765-9660.

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