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Understanding Oklahoma’s Implied Consent Drunk Driving Laws

One of the most important and most commonly misunderstood of Oklahoma’s drunk driving laws involves the term “implied consent.” Implied consent is defined as consent that is understood but is not expressly granted by a person, and in relation to DUI offenses, Oklahoma implied consent laws require that you submit to a chemical test in …

One of the most important and most commonly misunderstood of Oklahoma’s drunk driving laws involves the term “implied consent.” Implied consent is defined as consent that is understood but is not expressly granted by a person, and in relation to DUI offenses, Oklahoma implied consent laws require that you submit to a chemical test in the event that you are arrested by an officer who has probable cause to believe you are driving under the influence of alcohol or drugs. Many people inaccurately believe that if they are pulled over by an officer for drunk driving in Oklahoma, they have the right to refuse a breath, blood, urine or saliva test without penalty. This is not the case, and the penalties associated with refusing a chemical test are actually quite severe, as are the penalties associated with a drunk driving conviction. If you are facing charges for an Oklahoma DUI offense or a chemical test refusal, contact our qualified DUI defense attorneys at Oklahoma Legal Center to discuss your legal options.

Punishment for Refusing Chemical Tests in Oklahoma

There are four main tests used by law enforcement to determine whether a driver has been operating a motor vehicle under the influence of drugs or alcohol. The most common test is the breathalyzer, which, along with the blood test, is used to determine blood alcohol concentration (BAC). The legal limit for BAC in Oklahoma is 0.08%, which means anyone who gets behind the wheel of a car with a BAC of 0.08% or higher is considered legally intoxicated. On the other hand, urine and saliva tests are used to look for traces of any drugs in your system. If you do refuse a chemical test, you will be subject to immediate license seizure with a six-month suspension for a first-time offense. A second offense for refusal to submit to a chemical test within five years of the first results in a one-year license suspension, and a third offense within five years results in a license suspension of up to three years.

How Chemical Test Results and Refusal Can Be Used Against You

If you are pulled over because a police officer suspects that you are intoxicated, and you submit to a chemical test, the results of the test can be used against you. However, if you refuse a chemical test, the prosecution can also use this against you in your case, by arguing that you refused the test because you knew you were intoxicated and would be found guilty of drunk driving if tested. Under these circumstances, even if you are later acquitted of the DUI charges, your license will remain suspended as a result of your refusal to submit to testing under Oklahoma’s Implied Consent Law. If your chemical test comes back positive however, this is where the expertise of a DUI defense attorney can come in handy. There are a number of factors an experienced drunk driving defense lawyer can bring to light in your defense, including a potentially illegal traffic stop on the part of the officer, improper procedure in the administration of the chemical test, and the use of improperly calibrated equipment.

Contact Our Oklahoma DUI Defense Lawyers Today

Oklahoma lawmakers have gotten tough on drunk driving across the state, and being convicted of drunk driving in Oklahoma is punishable by stiff penalties as a result. Even a misdemeanor conviction for a first-time DUI offense is associated with considerable penalties, including license revocation, imprisonment, hefty fines, increases in your insurance premium, and a mark on your permanent record that will show up in background checks for employment, financial loans and education for years to come. If you have been charged with drunk driving in Oklahoma, our DUI defense lawyers at Oklahoma Legal Center are standing by, ready to help. Our drunk driving defense team is devoted to protecting the rights of our clients, and our knowledgeable attorneys can help you explore your possible DUI defense strategies.

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