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.