New Oklahoma Law Alters License Revocation Process, Makes Breath Test Refusal Illegal

A sweeping new Oklahoma law will substantially affect the rights of drivers arrested on DUI charges. In early June, Oklahoma Governor Mary Fallin signed the law and then quickly issued an executive order that contradicts some of the law’s provisions. Now a lawsuit questions its constitutionality and critics warn of future problems for those charged with DUI.

The new law, referred to as Senate Bill 643, makes three important changes to existing law. First, it will be illegal for drivers suspected of driving under the influence to refuse a breath test. Breath test refusal will be a misdemeanor, punishable by a fine of $1,000 or 10 days in jail, or both. 47 O.S. § 753(B). The change aligns Oklahoma DUI law with that of a few other states, including Arkansas, Indiana, Louisiana, Maryland, Minnesota, Nebraska, New Mexico, Ohio, and Rhode Island. All these states punish test refusal with criminal penalties.

Second, Senate Bill 643 abolishes the administrative appeal process for drivers whose licenses are revoked. Third, it gives those charged with DUI a choice: either wait for your criminal case to end to learn whether your license will be revoked more permanently, or submit to installation of an ignition interlock device and participate in a diversionary program. These two changes significantly alter existing law, which allowed drivers to appeal license revocations in an administrative hearing process before their criminal cases were fully resolved and potentially get their licenses back. Instead, drivers who need to get around will have to have an ignition interlock device.

Notably, the governor signed an executive order that allows for administrative hearings if the Department of Public Safety plans to revoke a driver’s license just after she signed Senate Bill 643. Executive Order 2017-19. The executive order directly contradicts the Senate bill, and the order may be designed to counter arguments that the Senate bill is unconstitutional because it deprives people of due process before dealing with a long-term license revocation. Bell v. Burson, 402 U.S. 535 (1971); Mackey v. Montrym, 443 U.S. 1 (1979).

Senate Bill 643 makes other significant changes to the wording and effect of various driving under the influence laws, and its effect remains to be seen. Drivers charged with DUI should be aware of the new law’s effect on their legal rights. Finally, the general public should know that Senate Bill 643 makes breath test refusal a misdemeanor in Oklahoma. The law goes into effect November 1, 2017.

Need to know if Senate Bill 643 will affect your DUI case? 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, reviews changes in law to assess his clients’ best options for defenses and sentencing. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.