If you get pulled over for driving under the influence (DUI) in Oklahoma City, you have rights. While you may have given your implied consent as a licensed driver, you have the right to revoke that consent, though you would be subject to serious penalties. You also have the right to decline a field sobriety test when you get stopped by police.
Law enforcement officials may not always inform you of these rights during the traffic stop, so it is important that you understand your rights in advance. Here is more about how you can exercise and protect your rights if you get pulled over for a DUI in Oklahoma City.
Oklahoma Implied Consent Laws
The implied consent laws in Oklahoma under Oklahoma Statutes § 47-751 state that all motorists holding a valid driver’s license have given their consent to a chemical blood alcohol concentration (BAC) test when stopped for suspicion of drunk driving. The language of the legal statute reads as follows:
Ҥ47-751. Implied consent to breath test, blood test or other test for determining presence or concentration of alcohol or other intoxicating substance.
A. 1. Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings within this state shall be deemed to have given consent to a test or tests of such person’s blood or breath, for the purpose of determining the alcohol concentration as defined in Section 756 of this title…”
If you revoke your consent to the BAC test, you will face immediate penalties. The consequences you face depend on whether you have a history of these violations. If this is the first time you have refused a breathalyzer, expect to have an ignition interlock device (IID) installed in your vehicle for up to 18 months and for your driver’s license to be revoked for a maximum of 180 days.
For third and subsequent refusals, your driving privileges could be revoked for up to three years and you could be required to use an IID for up to five years. You could also be ordered to complete a drug or alcohol treatment program and be placed on probation after completing your sentence.
What Happens Next if You Refuse a Breathalyzer
While you may be facing the installation of an IID and the suspension of your driver’s license, the aftermath of a breathalyzer refusal may be intimidating. Expect the police officer who stopped you to provide you with an officer’s affidavit. They will take your driver’s license and they will report your refusal to the Oklahoma Department of Public Safety (DPS). The DPS will suspend your driver’s license for at least six months, however, this could be avoided by requesting a hearing.
You Have the Right to Refuse a Field Sobriety Test
Although the police may ask you to participate in a field sobriety test (FST), you are well within your rights to refuse. You are under no legal obligation to participate in a field sobriety test. In fact, doing so could have an adverse impact on the outcome of your criminal defense.
Unlike implied consent laws that carry penalties if you withdraw your consent, there are no automatic penalties for refusing an FST. Whether you pass or refuse an FST, you could still be arrested for driving under the influence. To decline when an officer asks you to take an FST, you can politely respond by saying “no”, and ask to speak with your attorney.