If you’ve been pulled over on suspicion of driving under the influence (DUI) and the officer asks you to take a breath test, you might wonder, ‘Do you have the right to refuse?’ The short answer is yes, but refusing comes with serious consequences that could impact your driving privileges, your finances, and even your criminal defense case.
At Jacqui Ford Law, we know that a DUI charge can be overwhelming and life-altering. Our experienced legal team, led by Jacqui Ford, has spent years defending clients against DUI-related charges, ensuring that their rights are protected throughout the legal process.
If you’ve been pulled over on suspicion of driving under the influence and are faced with the decision of whether to take a breath test, it’s essential to understand the legal consequences of refusal and how a criminal defense attorney can make a significant difference to your case.
Implied Consent Laws: Are You Required to Take a Breath Test?
Imagine you’re driving home after having a few drinks with friends. You feel fine, but on your way home, a police officer notices you swerving and pulls you over. The officer asks a few questions, notices the smell of alcohol on your breath, and requests that you take a breath test to measure your blood alcohol content (BAC).
At this moment, you have a choice: take the test or refuse. But what happens if you say no?
Under implied consent laws, drivers automatically agree to submit to chemical testing, including breath, blood, or urine tests, when lawfully arrested for suspected DUI. These laws exist in every state and serve to discourage impaired driving by enforcing administrative penalties for refusal.
Administrative Penalties for Refusing a Breath Alcohol Test in Oklahoma
If you refuse a breathalyzer, the penalties you face depend on your state’s laws and your prior history of DUI offenses. The Oklahoma Implied Consent Law (47 O.S. § 751) requires drivers to submit to chemical testing when suspected of DUI. Refusing to take the test triggers immediate administrative penalties, regardless of whether you are ultimately convicted of DUI.
Here’s what you can expect if you refuse a breath test in Oklahoma:
- Automatic License Suspension: Under 47 O.S. § 754, a first-time refusal results in an automatic 180-day suspension of your driving privileges. Second-time offenders face a one-year suspension, while third-time offenders may lose their license for three years.
- Heavier DUI Penalties: If you are later convicted of DUI, your refusal can lead to increased fines, longer license suspensions, and harsher sentencing under 47 O.S. § 11-902.
- Ignition Interlock Device (IID) Requirement: Under 47 O.S. § 754.1, individuals who refuse a test may be required to install an IID in their vehicle before having their driving privileges restored.
- Potential Jail Time: A refusal may result in mandatory jail time, particularly for repeat offenders.
Additionally, Oklahoma has a “no-refusal” policy, meaning that law enforcement can seek a warrant for a blood test if you refuse a breathalyzer. In such cases, refusing the breath test does not prevent police from obtaining evidence against you.
How a Refusal Affects Your Case in Court
Many people assume that refusing a breath test will prevent the state from proving intoxication, but this is far from true. In reality, prosecutors can use your refusal as evidence against you in court.
Under 47 O.S. § 756, your refusal to take a breath test can be presented as evidence of “consciousness of guilt.” This means that the prosecution can argue that you refused because you knew you were over the legal limit.
Even without a breath test result, prosecutors can use other evidence to convict you, including:
- Officer Observations: Slurred speech, bloodshot eyes, an odor of alcohol, or erratic driving behavior.
- Field Sobriety Tests: Failing or performing poorly on roadside sobriety tests.
- Witness Testimony: Statements from passengers, bartenders, or other individuals who saw you drinking.
Ultimately, refusing a breath test does not guarantee that you will avoid a DUI conviction, and in many cases, it can make your defense more difficult.
In some cases, working with a knowledgeable and seasoned criminal defense attorney may help you negotiate plea agreements that reduce charges or allow for alternative sentencing options, such as probation, alcohol education programs, or community service instead of jail time.
Contact Our Oklahoma DUI Attorneys at Jacqui Ford Law Today
If you’ve refused a breath test and are now facing DUI charges, you still have legal options. Having an experienced legal team on your side can make a significant difference. The decisions you make now can impact your future, your driving privileges, and your freedom
At Jacqui Ford Law, our legal team meticulously reviews the details of your case to identify any violations of your rights or errors in police procedure that could be used in your defense. Contact us today at 405-604-3200 to schedule a consultation and get the aggressive defense you deserve!
