Oklahoma’s Implied Consent Law: Should You Blow?

If you’re pulled over in Oklahoma for DUI, violating a traffic law, driving erratically, or under other circumstances that might indicate impairment, a police officer may request that you take a chemical test. These types of tests measure your blood alcohol concentration (BAC) by analyzing your blood, breath, saliva, or urine. Many drivers question whether they can be required to take the test, and wonder about the consequences if they decline. In these situations, Oklahoma’s implied consent laws apply, so it’s important to understand how they work.

 

Overview of Implied Consent in Oklahoma

Any person who drives in Oklahoma is presumed to consent to chemical tests as a condition of using the state’s roadways. If you’re pulled over on suspicion of drunk driving, an officer may request that you blow into a breathalyzer at the scene. However, other types of tests may take place in a more controlled environment. Your specimen must be provided within two hours of driving.

It is possible to refuse chemical testing, and your refusal will be acknowledged. After all, with very limited exceptions, an officer cannot hold you down and force you to submit to chemical tests. However, the legal implications for refusal can be severe.

 

Penalties for Refusing to Blow 

When you decline to take a chemical test, the penalties increase in severity for subsequent refusals. Therefore:

  • For a first refusal, your license is revoked for six months;
  • Your second refusal will result in your driving privileges being revoked for one year; and,
  • You are facing a three year license revocation if you refuse a chemical test for a third time.

Note that you may also be required to install an ignition interlock device (IID) on your vehicle for 18 months or more. The IID prevents your car from starting if it detects alcohol when you blow into it, so there are implications for your personal freedoms even after you reinstate your driving privileges.

Even if you already refused a chemical test, it’s not too late to retain an Oklahoma DUI lawyer to represent your interests. An attorney with in-depth knowledge of the law and experience in drunk driving cases can help you understand your options, and will fight for your rights. For more information, please contact the Law Offices of Robert R. Robles at (405) 232-7980 or visit us online. We can schedule a consultation to discuss your case in more detail.