When it comes to chemical sobriety testing for DUI arrests, Oklahoma is an "implied consent" state. This means that anyone who drives has implicitly given his or her consent to be tested for intoxication if he or she is arrested for DUI or DWI in Oklahoma. Under Oklahoma's implied consent law, an individual does have the right to refuse to submit to a breathalyzer test, blood test, saliva test, or urine test; however, refusal to submit results in the immediate revocation of one's driver's license.
The Oklahoma implied consent statutes outline specific requirements for the administration of chemical sobriety tests, most frequently the breathalyzer test, after a DUI arrest:
• The initial traffic stop must be for reasonable grounds. An illegal stop may result in all charges against you being dismissed.
• An individual must be under arrest before being asked to submit to a breathalyzer test or other chemical sobriety test.
• Prior to requesting a sobriety test, police must read to the arrested individual the eight-part Implied Consent Notice in its entirety.
The Oklahoma Implied Consent Notice is separate from any Miranda Warning that may have been read prior to one's arrest. This notice informs the individual that he or she has been arrested, and that he or she is being asked to consent to a chemical sobriety test. The Implied Consent Warning also tells the individual the consequences of a blood alcohol concentration (BAC) of.08 or higher, and informs him or her that refusal to submit to the test will result in the suspension of his or her driver's license.
One important consideration of the Implied Consent Warning is that Oklahoma drivers do not have the right to contact an attorney to help them make the decision to refuse or consent to a breath or blood test. However, once the test has been completed or refused, any person arrested for DUI in Oklahoma should immediately contact an experienced Oklahoma DUI lawyer. If you have been arrested for a DUI, tell your attorney all the details of your initial traffic stop, arrest, and request for sobriety testing. If any procedures were conducted improperly, incompletely, or illegally, the case against you could be dismissed.
To learn more about Oklahoma Implied Consent Law please see this website: Oklahoma DUI.