Memorial Day weekend is fast approaching and it is a common time for DUI checkpoints throughout Oklahoma. When stopped at a checkpoint or pulled over for suspicion of driving under the influence, a driver’s first impulse may be to refuse to take a breath test. Here is some advice form our Oklahoma City DUI lawyers that may help out.
HOLIDAY DUI CHECKPOINTS: IMPLIED CONSENT TO BREATH TESTS IN OKLAHOMA
Oklahoma operates under what is called “implied consent law.” An implied consent law means that as soon as you get behind the wheel of a car, you agree to a test to determine if you are under the influence of alcohol if asked by a police officer. Before you agree or refuse to take a breath, blood or chemical test, you may have a lot of questions.
WHAT TYPE OF TEST IS IT?
The test may be a breath, blood, saliva or urine test but the most common test in Oklahoma is a breath test. The test will be performed at no cost to you but if you choose you may have an additional test of your choice conducted at your own expense.
CAN I CONSULT AN OK LAWYER FIRST?
At checkpoint or if you have been pulled over for suspicion of driving under the influence, you are not entitled to consult with an attorney prior to making your decision on whether or not to submit to the state’s test. However, this does not mean you do not have legal rights. You should feel free to consult an experienced DUI attorney later.
WHAT HAPPENS IF I REFUSE?
You have the right to refuse the states test, but there can be serious consequences. Your license will be revoked or denied by the Department of Public Safety. In addition to losing your license, refusing to take a test may have a negative impact on a potential criminal case. Your refusal can be told to the court and jury in your criminal case and could be perceived as an admission of guilt. For example, why would a person not driving under the influence refuse to take a test?
WHAT HAPPENS IF I CONSENT?
If you are 21 years of age or older and the test result is .08 or more, then your drivers license can be revoked or denied by the Department of Public Safety. If you are under the age of 21 and the test result is .02 or more, your drivers license can be revoked or denied by the Department of Public Safety. You may also be arrested for a DUI and should consult an experienced attorney to make sure your rights are protected.
WHAT DO I DO NOW?
Overall, there are many considerations involved with facing a DUI charge in Oklahoma. If you choose, you can seek the help of an experienced Oklahoma City DUI attorney. Contact Atkins & Markoff today to schedule an initial consultation, as you need all of the facts regarding what could happen to you before you make any final decisions.