Oklahoma, like all the other states, ascribes to what is known as the “Implied Consent” statute. Basically, this statute states that by signing up for a driver’s license, you are automatically consenting to submit to a chemical test should law enforcement suspect that you are driving under the influence.
If the police have probable cause that you are intoxicated behind the wheel, they will read you the Implied Consent warning. This warning states why you are required to take the test. It also reminds you that you are entitled to legal representation before deciding whether to yield for the test or not.
So do you have to yield to the Breathalyzer test?
In a nutshell, you don’t have to. You can refuse the Breathalyzer test. However, do keep in mind that this might not help your case. In fact, the prosecution will often present your refusal as evidence that you had something to hide.
What Oklahoma says about the refusal
Under Oklahoma statute, a police officer cannot compel you to yield to DUI testing unless there is a warrant against you or you caused an accident that resulted in a fatality. However, this does not imply that you will avoid the consequences of refusing the test.
If you decline the breathalyzer test, the Oklahoma Department of Public Safety will suspend your driver’s license for a minimum of 180 days. This suspension can last as long as three years. Additionally, an ignition interlock will be installed on your vehicle.
To blow or not to blow? This is the question you are likely to ask yourself during a DUI stop. The decision to yield to the Breathalyzer test command is entirely yours to make. Find out how you can exercise your rights and defend yourself if you are charged with drunk driving in Oklahoma.