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 like alcohol, you can be charged with “actual physical control” and required to submit to sobriety testing.

After pulling over a driver and arresting him, a law enforcement officer must give the driver an “Implied Consent Warning”. The warning is a statement that should be read to the driver, explaining that the officer had reasonable grounds for suspecting the driver of DUI and requesting the driver to submit to a breath or blood test. You do not have the right to speak to an attorney before deciding whether to submit or refuse the test.

If you refuse breath or blood testing, the arresting officer will not give you a test unless 1) a search warrant is issued, or 2) the officer has probable cause to believe that you caused death or serious injury of another person while driving intoxicated. 47 O.S. § 753. If either 1) or 2) is true, you may be ordered to submit to a test.

After a driver’s arrest and refusal to take the test, the driver’s license will be revoked by the Oklahoma Department of Public Safety, effective 30 days after the driver receives notice of revocation from the arresting officer or the DPS. If the driver did not have a license, he will not be able to get a license. Both of these restrictions will last for 6 months or longer. 47 O.S. § 6-205.1. You have 15 days after receiving notice to challenge the revocation.

If the driver’s driving privilege is revoked after he refused to submit to testing, the DPS must immediately reinstate his license if a breath or blood test shows “no measureable quantity” of alcohol and/or an intoxicating substance. This usually means less than 0.02 alcohol concentration.

Did you refuse a breath or blood test while arrested for DUI in Oklahoma? Seek out the attorney who teaches other attorneys and law enforcement about sobriety testing techniques. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.