Oklahoma, like many other states in the US, has an implied consent law that requires drivers to submit to a breath, blood, or urine test if they are suspected of driving under the influence (DUI). In this blog post, we will explain what the implied consent law is, how it works in Oklahoma, and what the consequences are for violating it.
What is Implied Consent Law?
Implied consent law means that by obtaining a driver’s license in the state, drivers agree to submit to chemical testing if they are lawfully arrested for driving under the influence of drugs or alcohol. Essentially, the law implies that you have given your consent to a chemical test by choosing to drive on public roads.
How Does Implied Consent Work in Oklahoma?
In Oklahoma, the implied consent law allows law enforcement officers to request a breath, blood, or urine test from drivers suspected of driving under the influence. The officer must have probable cause to believe that the driver is under the influence of drugs or alcohol, such as observing erratic driving behavior or noticing the smell of alcohol on the driver’s breath.
If the driver refuses to submit to the test, they will face immediate consequences. Oklahoma has an implied consent advisory that must be read to the driver at the time of the arrest. This advisory informs the driver that their license will be suspended for a period of time if they refuse to submit to the chemical test.
First refusal in Oklahoma results in a 180-day license suspension, while a second refusal within 10 years of the first will result in a three-year suspension. The driver may also be subject to fines and other penalties.
What Happens if You Submit to the Test?
If you submit to the chemical test and the results indicate that you have a blood alcohol concentration (BAC) of .08% or higher, you will be charged with DUI. The BAC limit is lower for drivers under the age of 21 and for commercial drivers.
In addition to criminal charges, the driver will face administrative penalties. For a first-offense DUI, the driver’s license will be suspended for 180 days. A second offense within 10 years of the first will result in a one-year suspension, and a third offense will result in a three-year suspension. The driver may also be required to attend alcohol education or treatment programs and pay fines.
It is important to note that the consequences of a DUI conviction can be severe and long-lasting. A DUI conviction can result in fines, license suspension, increased insurance rates, and even jail time. It can also impact your ability to obtain employment or housing in the future.
To avoid facing the consequences of a DUI conviction, it is essential to make smart choices when it comes to driving under the influence. If you plan on drinking, it is best to make arrangements for a designated driver or alternate transportation.
The Murray Law Firm is a team of experienced criminal defense attorneys who can help individuals facing charges related to Oklahoma’s implied consent law. Here are some ways that our firm can help:
Providing legal advice and guidance: Our attorneys can explain the law and its implications, answer your questions, and guide you through the legal process. We can help you understand your rights and options, and develop a strategy for your defense.
Representing you in court: Our attorneys have experience representing clients in court and can argue on your behalf. We can challenge the legality of the stop, the accuracy of the test, and any other evidence against you. We can also negotiate with the prosecutor to reduce or dismiss the charges, if possible.
Protecting your rights: Our attorneys will protect your constitutional rights throughout the legal process. We can ensure that the police followed proper procedures during your arrest and that your rights were not violated. We can also protect your rights against self-incrimination and ensure that you are treated fairly in court.
Minimizing the consequences: Our attorneys will work to minimize the consequences of your case. We can help you avoid or reduce jail time, fines, and other penalties. We can also help you avoid a criminal record or minimize the impact of a conviction on your life.
If you are facing charges related to Oklahoma’s implied consent law, contact the Murray Law Firm today. Our experienced attorneys will fight to protect your rights and achieve the best possible outcome for your case.