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Oklahoma’s implied consent law and your rights

On Behalf of | Jan 18, 2024 | Criminal Law |

The ability to drive might give you the freedom to go almost anywhere on a motor vehicle, but it also comes with responsibilities. You must obey traffic rules and regulations and operate your vehicle safely as a driver.

When you obtain a driver’s license in Oklahoma, you automatically agree to the state’s implied consent law. This means you’ve given your consent to submit to chemical tests if an officer suspects you of driving under the influence (DUI). Understanding this law and your rights is crucial if you’re ever pulled over for a suspected DUI.

What is implied consent?

Under state law, drivers operating their vehicles on state public roads automatically consent to chemical tests to determine the presence of alcohol or drugs in their system. Chemical tests include breath, blood and urine tests.

When an officer pulls a driver over for a suspected DUI, they can’t just order them to submit to testing immediately. The officer must first have reasonable grounds to believe the driver is impaired to request a test.

Refusing a test

Although you automatically submit to Oklahoma’s implied consent law by driving on state roads, an officer can still give you the option to refuse a chemical test if you’re pulled over. However, refusing the test leads to immediate consequences, such as the revocation of your driver’s license for six months to three years, depending on your prior offenses.

Refusing a test is also admissible in court as evidence against you in your DUI case.

Implied consent appeals hearing

If you refuse to undergo a chemical test and Service Oklahoma suspends or revokes your driving privileges as a result, you have the right to appeal the suspension or revocation.

The appeal will be held at the district court where the arrest occurred. The arresting officer could potentially testify in this proceeding. Note that this process is separate from your DUI case, so the results of one hearing won’t affect the results of the other.

Navigating Oklahoma’s implied consent law can be complex, but knowing your rights and responsibilities is key to protecting yourself. If you’re facing a DUI charge or dealing with the aftermath of a chemical test refusal, it’s important to consult with a legal professional who specializes in DUI cases.