What Happens If You Refuse a Breathalyzer Test in Oklahoma? 

In Oklahoma, refusing a breathalyzer test can have serious consequences. Under the state’s “implied consent law,” if you are lawfully pulled over for suspicion of driving under the influence (DUI), you automatically consent to taking a chemical (breath, urine, blood) test to measure your blood alcohol content (BAC). Refusing the test does not mean you avoid penalties – it can lead to severe legal repercussions. 

Penalties for Refusing a Breathalyzer 

• Driver’s License Suspension – In Oklahoma, refusing a breathalyzer test can result in an automatic suspension of your driver’s license. For a first refusal, the suspension is typically 6 months. A second or subsequent refusal can lead to a suspension lasting up to 3 years. 
• Potential for Higher Penalties if Convicted of DUI – While refusing a breathalyzer test does not automatically mean you are guilty of a DUI, it can hurt your case more than it helps your case. Prosecutors may argue that your refusal implies guilt, potentially leading to them imposing a harsher penalty. 

Should You Refuse a Breathalyzer Test? 

While it might seem like a good idea to refuse the test, it is important to under the consequences. The best course of action is always to consult with an experienced DUI attorney who can help you navigate the legal complexities of your situation and ensure your rights are protected. 

However, deciding to take (or refuse) a breathalyzer test will be a judgment call you must make on the spot without legal advice if pulled over. Understand your rights and the consequences of your choices before it happens. 

Refusing a breathalyzer test in Oklahoma does not stop law enforcement from charging you with DUI, and it can make your case more difficult. Be aware of your rights and the implications of refusing the test in order to make the best decision in the moment. 

If you have been charged with DUI or refused a breathalyzer test, contact Bedlam Law today at 405.232.2444.