Ask any DUI lawyer, and they will tell you that in Oklahoma City, you should never refuse to submit to a DUI test. In almost all circumstances, the risks far outweigh any possible rewards. If you’re asked to submit to a test you should immediately submit and also ask to speak to your lawyer.

The Impact of Refusal to Submit to a DUI Test in Oklahoma City

Your Legal Obligations

In Oklahoma, driving a vehicle implies that you give your consent to a chemical test if you’re suspected of driving under the influence. The Implied Consent Law requires your compliance with a breath, blood, or urine test when it is requested by law enforcement. If you refuse to take this test, you will be subject to certain automatic penalties whether you’re convicted of a DUI or not.

Immediate Administrative Consequences

If you refuse to submit, certain immediate administrative actions are taken by the Department of Public Safety (DPS). First, you’ll suffer automatic license suspension, effective immediately upon your refusal. The suspension period can range from six months to three years, depending on any prior offenses and the specifics of the case. This administrative penalty is totally separate from any criminal charges and, again, doesn’t depend on whether you’re convicted of a DUI.

Legal Process Following Refusal

Upon refusal, the officer will typically confiscate your driver’s license and issue you a temporary permit, which allows you to drive for a very limited time. This permit is valid for 15 days, which is the time limit you have for requesting a hearing with the DPS to contest the suspension.

If you don’t request this hearing, there will be an automatic enforcement of the suspension period. The hearing provides an opportunity to argue against the suspension, but it’s rare to find any success in these hearings unless you have strong, experienced legal representation.

Criminal Penalties and Prosecution

In addition to administrative penalties, refusing a DUI test can lead to criminal charges at times. Oklahoma law allows the prosecutors to use your refusal as evidence of your guilt in a DUI case.

In other words, they will argue that the only reason anyone would refuse to take this simple test is because they were trying to hide their intoxication, and the outcome could be harsher sentencing if you’re convicted. If you’re convicted of a DUI, with the added factor of having refused the test, you’ll likely face bigger fines, less likelihood of staying out of jail, and stricter terms of probation, particularly if this is a repeat offense.

Financial Implications

Getting a license reinstatement, paying the legal fees to do so, and dealing with potential fines can get very expensive, very quickly, and this expense will be on top of whatever expenses you have from the DUI itself, like higher insurance premiums, fines, and paying restitution for any property damage you may have caused if there was an accident. Reinstating a suspended license often requires completing an alcohol and drug assessment, attending mandatory classes (which you will pay for), and paying fees. These are all avoidable fees for those who simply submit to the test.

Employment and Personal Life

Even if you’re ultimately not convicted of a DUI, having refused the test will have unpleasant consequences on your personal and professional life. A suspended license will usually limit your ability to commute to work, pick up kids from school, and do other basic life tasks. You may lose your job as a result and find it hard to get new employment. Personal relationships may also suffer, as the stigma and stress of dealing with legal troubles take a toll on family and social connections.

It Might Not Be Too Late

Even if you refuse the test initially, the law allows you to change your mind and consent. You won’t suffer penalties if the assent is “timely and given unequivocally.” There’s a test that law enforcement will use to see if your change of heart meets this qualification.

First, it has to be a very short, reasonable amount of time after the initial refusal (two hours is likely the absolute maximum here), such that the test would still be accurate. Next, the equipment for giving the test has to still be available. Giving you the test must not cost the police any serious inconvenience or expense, and you have to have been in the custody of the police and under their observation since your initial refusal. The take-away here is simple: comply, and even if you initially didn’t want to, revoke your refusal as soon as possible for the best possible outcome.

What Counts As a Refusal?

Bear in mind that refusal is more than just saying “no” with words. The officers can charge you with a refusal to comply if you don’t respond at all, if you don’t follow all their instructions willingly during the test (unless you have an illness or injury that keeps you from being able to comply), or if you do anything to obstruct the test, like not breathing fully into a breathalyzer.

Bear in mind that the burden of proof to show that you violated the implied consent law is lower than the burden of proof required to convict you of a DUI. That’s because a DUI is a criminal charge, but violating the implied consent rule is a civil charge. Civil charges don’t have any jail terms assigned to them, but partly for that reason, they also have a lower burden of proof. To convict you of a DUI, the state must prove beyond a reasonable doubt that you are guilty. To suffer all the penalties of refusing a chemical test for intoxication, you only need to be proven guilty under a preponderance of the evidence, which basically means it is simply more likely than not that you’re guilty.

Importance of Having an Experienced DUI Lawyer

Refusing to submit to a DUI test means extra legal challenges, and you must have experienced legal representation if you hope for a good outcome. Your attorney will help you manage both administrative and criminal procedures and significantly improve your chances.

They understand the specific details of Oklahoma’s DUI laws, what the Oklahoma City courts tend to do in these cases, and how to investigate the incident. They can identify any procedural errors or rights violations that may have occurred, manage the administrative hearing with the Department of Public Safety (DPS) to contest the automatic license suspension, present evidence, question witnesses, and make compelling arguments on your behalf.

Effective legal representation can also be useful in negotiating alternative sentencing options. There are no guarantees, but an experienced attorney might be able to get you a plea deal that includes probation or community service instead of jail time. Furthermore, a skilled criminal defense attorney may be able to help you avoid some long-term consequences of a refusal. They can advise you on the steps to take that demonstrate responsibility and rehabilitation so you make a positive impression on the court.

Refusing a DUI test in Oklahoma City is a big deal. If you are ever stopped, ​never refuse the test. If you already have, getting ​skilled and experienced local representation is more important than ever, and the sooner the better. Contact Cannon & Associates now for help.