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implied consent Tag

22 January
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Should You Take a Breathalyzer Test at a Traffic Stop?

Posted by Clint
in Blog
Should You Take a Breathalyzer Test at a Traffic Stop?

When you are pulled over in a traffic stop by a police officer, you may wonder if you should take a breathalyzer test or if you should refuse the test. This is a tricky question that depends on your feelings about the consequences of refusal. Implied Consent Law For many years, Oklahoma has had an implied consent law for refusing a BAC (blood alcohol concentration) test such as a breathalyzer or blood test. If you are driving a vehicle on public roads or if you are in actual physical control of such a vehicle, then you impliedly give consent to take a...

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03 November
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The Oklahoma Citizen’s Arrest

Posted by Clint
in Blog
The Oklahoma Citizen’s Arrest

In Oklahoma, a private citizen may arrest a person if the citizen has reasonable cause to believe the person has committed a crime. The arrest is known as a citizen’s arrest. Arrests by citizens are very similar to arrests by police officers: the citizen may restrain a suspected criminal and then deliver him to a police officer or the stationhouse. 22 O.S. § 22-187. Just as police officers must have probable cause to arrest a suspect, citizens must also have probable cause. Because most citizens have not been trained in arrest and restraint procedures, it may be easier to challenge your...

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23 June
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Refusing to Take a Sobriety Test in Oklahoma

Posted by rainmakeradmin
in Blog
Refusing to Take a Sobriety Test in Oklahoma

While you may refuse to take a breath or blood test for the presence of alcohol in Oklahoma, there are consequences to refusal. The Oklahoma laws about refusing these tests specify exactly what happens if you refuse one of these two sobriety tests. First, anyone who operates a car or other vehicle on public roads in Oklahoma has given “implied consent” to taking a breath or blood test for alcohol concentration. 47 O.S. § 751. You do not have to be driving a car to give implied consent – if you are sitting in a parked car and your breath smells...

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