What Is The Implied Consent Law In Oklahoma?
Driving under the influence of alcohol or drugs is a serious offense in the State of Oklahoma. Acknowledging the risk that intoxicated driving can pose and the serious injury it can cause, law enforcement is continuously monitoring the roads for signs of drunk or drugged drivers.
If you are caught by a police officer in actual physical control of a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or above, likely, you will be charged with driving under the influence (DUI). Your BAC is usually tested by means of a roadside breath test or a blood test. Some drivers think they can avoid a DUI charge by refusing to provide a sample, but this is rarely the case.
Additionally, Oklahoma’s implied consent law means that all drivers on Oklahoma’s roads give their implied consent to submit to chemical testing to determine if they are driving under the influence. Refusing to submit to a lawful test can result in penalties such as a driver’s license suspension, mandatory impaired driver courses, and an ignition interlock device on your vehicle.
If you are facing penalties for refusing a breath test, likely you could also be facing DUI criminal charges. A BAC measurement is not a legal requirement to secure a DUI conviction in Oklahoma. If convicted of a DUI, you face up to one year in jail for a first-time offense, increasing to one to five years in prison for a second offense. Alongside jail time, likely, you will be fined up to $1,000 for a first offense and $2,500 for a second charge.
In reality, refusing a breath test in Oklahoma can leave you facing double penalties, from a test refusal and from potential DUI charges. To avoid a criminal conviction and the severe repercussions of these offenses, seek legal advice as soon as possible.
Cannon & Associates criminal defense lawyers will advocate fiercely for you in your case and fight tirelessly to defend you against the penalties you face. Contact our team at 405-591-3935 to book a free consultation to discuss how we can help you.
Oklahoma’s Implied Consent Laws
You are automatically subject to Oklahoma’s implied consent law when you possess a driver’s license or drive on the roads in Oklahoma. This means that by undertaking these actions, your consent is implied for law enforcement to stop you and perform a chemical test to establish if you are operating your vehicle under the influence of drugs or alcohol. If you are driving under the influence, this can be established by means of a breath, blood, urine, or saliva test.
If you are stopped by law enforcement, the officer should read you an Implied Consent Test Request which outlines your rights and asks if you will take the state’s test. This request specifically states that you are not entitled to speak to an attorney prior to undertaking the test.
Can I Refuse To Provide A Breath Test?
Unless law enforcement has a warrant, you are able to refuse a breath or blood test and will not be forced to provide a BAC sample if you refuse to do so. However, if you do refuse, likely, you will face penalties from law enforcement. These penalties are separate from any criminal DUI charges you may face and can be enforced in addition to DUI penalties.
In some situations, if a driver refuses to submit to a breath test, the arresting officer can request a warrant for an additional test, usually a blood test. Once a warrant is granted by the court, you are legally obliged to comply with the blood test. Officers can use force to obtain the sample if necessary. Once the sample is obtained, it will be used to identify any alcohol or drug influence in your blood.
It is important to remember that refusing a breath test may not stop you from still being convicted of a DUI in court. Some prosecutors may even use your refusal as an indication of guilt in a criminal DUI case.
Penalties For Refusing To Provide A Specimen
If you refuse to submit to a lawful BAC test, you will face a driver’s license suspension. Generally, you can expect to have your license revoked for a minimum of six months up to a maximum of two years. The duration of your suspension will increase if this is a repeat offense.
You will also be required to complete Oklahoma’s Impaired Driver Accountability Program. During this course, you may have some of your driving privileges reinstated, but your vehicle will be fitted with an ignition interlock device. The device can stay in your car for up to five years after refusing a breath test.
These penalties can apply to individuals who refuse to provide a sample and also those who intentionally don’t provide a sufficient quantity of sample for the test to determine a result. For example, this could apply to drivers who repeatedly blow too little breath for an accurate reading on a breath test.
Can I Still Be Convicted Of A DUI Without A Breath Test Result?
In addition to facing penalties for refusing to provide a breath or blood test, you can still face DUI criminal charges too. Although your blood alcohol content can’t be used as evidence in your case, as it was not tested, the prosecution can use other evidence, such as law enforcement’s testimony and video footage, to prove that you were driving while intoxicated. A BAC measurement is not a legal requirement for a court to convict you of a DUI.
The fact that you refused a breath test could also be used against you by the prosecution as an indication of guilt. Likely, you will need an experienced criminal defense attorney to help you beat your DUI charges, whether you submitted to a breath test or not.
How Can An Attorney Help?
An experienced defense attorney may be able to defend you against your charges using one of many possible defenses. For example, a police officer must have reasonable grounds to perform a traffic stop in the first instance. Justification could include if you were driving erratically or overly slowly. Without probable cause to stop you, the police officer may have performed an illegal traffic stop. Similarly, the officer must have reasonable cause to believe you were the individual driving the vehicle.
If you were stopped illegally and requested to take a breath test without legal cause, this could be a strong defense. A skilled attorney may be able to use an officer’s lack of probable cause to defend you against your DUI charge and refusal to comply with a breath test.
An attorney could also argue that you had your specimen obtained illegally. For example, this may apply if law enforcement used force to take a blood sample without a warrant or before it was issued.
Depending on the specific circumstances of your case, your attorney will develop an individual defense strategy that reflects the details of your offense and will give you the best chance of avoiding severe penalties and a criminal conviction. A reputable DUI defense attorney may be able to negotiate with the prosecution to secure a lesser charge or fewer or less harsh penalties.
Book A Free Consultation With Cannon & Associates Oklahoma Defense Attorneys Today
Although you are within your rights to refuse a breath test in Oklahoma, you may face serious repercussions for doing so. Refusing a breath test can cause significant inconvenience in your life, as you will likely lose your driving privileges for an extended period and have an ignition interlock device fitted on your vehicle. Hiring a skilled attorney may reduce the penalties you face for a refusal. For example, your lawyer may be able to argue that you were stopped illegally and thus were not required to submit to a breath test.
In addition to the penalties you may receive from refusing a breath test, you may still be facing a DUI charge. In these circumstances, it is crucial that you are represented by an attorney with experience in DUI cases where the chemical test was refused. The approach the prosecution will take to secure a conviction can differ from standard DUI cases, and experience with these strategies is essential for an effective defense.
The defense attorneys at Cannon & Associates have years of experience successfully defending our clients against these charges across Oklahoma. Our team includes former prosecutors, which gives us valuable insight into how the prosecution may behave in your case. This insight, combined with our extensive experience allows us to pre-empt how the state may attempt to secure a conviction in your case and develop strategies to counteract this.
The fierce advocates at Cannon & Associates will draw upon their comprehensive experience and knowledge of DUI law in Oklahoma to build the best possible defense against your charges and the penalties you face. We understand the implication these penalties can have on our clients and we will do everything within our power to beat your charges or secure lesser penalties.
Do not think that because the state does not have chemical test results for your blood alcohol level that you won’t face DUI charges. In fact, if you have refused a breath test you could be facing penalties for two offenses as opposed to one.
Contact Cannon & Associates today for a free consultation to secure skilled criminal defense representation for your case. Call us at 405-591-3935 to book your appointment.
Our Client Reviews
More 5-star Reviews Than 99% Of Lawyers In Oklahoma
"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."
"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."
"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."
"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."
"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"
"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"
"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."
"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."
"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."
"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."
"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."
"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"
"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."