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Oklahoma’s implied consent law: What it means for you

On Behalf of | Feb 23, 2024 | Criminal Law |

If an officer in Oklahoma pulls you over for suspected driving under the influence (DUI), they will read to you a warning. The officer notes that they have reasonable grounds to suspect you’re operating a vehicle under the influence of an intoxicating substance, and that they’re requesting that you submit to a chemical test for alcohol.

While you’re free to choose, refusing chemical testing can lead to severe penalties. Why does refusing lead to penalties, and what are these punishments?

Understanding implied consent

In Oklahoma, like in many other states, driving on public roads means you’ve automatically given your implied consent to undergo chemical testing if you’re suspected of DUI. If you still refuse to take part in a test, you can face sanctions under this “implied consent” law even before a hearing over your DUI case begins.

The consequences of refusal

Refusing a chemical test can lead to immediate revocation of your license. This revocation lasts for 180 days for a first-time refusal. Repeat offenses will lead to longer revocation periods.

The impact on your DUI case

While you might refuse a breathalyzer to avoid providing evidence of intoxication, this decision can still negatively impact your DUI case. A refusal to take the test is admissible in court as an admission of guilt.

Understanding the implied consent law is crucial for any driver. Refusing a chemical test carries consequences that can affect your driving privileges, your legal standing, and your future. If you find yourself in a situation where you’re being asked to take a test, remember the implications of refusal.

If you’ve refused testing and feel that it may impact your DUI case, a legal professional with criminal defense experience may be able to advise you and protect your rights in court.