If you’ve been charged with a DUI, you need to move fast here in Oklahoma. There are a lot of serious consequences that can happen if you refuse a breathalyzer test, and a DUI lawyer in Oklahoma City should be one of your first calls if you find yourself in this situation.
What Are the Consequences of Refusing a Breathalyzer Test During a DUI Stop?
License Suspension
Oklahoma has what’s known as an implied consent law. This means that when you are granted a driver’s license, or, more appropriately, when you apply for one and then choose to use it by driving on the state’s roads, you’ve automatically agreed to submit to a breathalyzer test if an officer lawfully requests it.
Because the state views having a license as a privilege rather than a right, if you refuse a test when you’ve already given your implied consent, your driver’s license can be suspended administratively. The suspension period ranges from 180 days to three years, depending on whether you have prior offenses, and it’s critical to understand that this suspension is entirely separate from the DUI case against you. Even if you are totally innocent, and they drop all charges with the DUI, you could still lose your license for an extended period for having refused the breathalyzer test.
Evidence in Court
If you refuse the test, that refusal can be used against you in court. While it doesn’t in itself provide definitive proof that you were driving under the influence, it is highly suggestive when it’s used properly by the prosecution. Basically, the prosecution’s lawyers will argue that the reason you refused was because you were impaired, and you knew that you would blow a positive.
Criminal Penalties
Refusing the breathalyzer test is not actually a crime. However, if you do get convicted of a DUI, your refusal can be used against you to make things a lot worse. If you refused the breathalyzer, you are more likely to end up with a higher fine, longer license suspension, or other penalties. The court is less likely to be willing to work with you or to show you any grace.
Contact a DUI Lawyer in Oklahoma City
You don’t get to call a lawyer before deciding whether to take the test. The choice is immediate, and you’ll have to make it without legal advice at the scene. However, if it’s already over, and you have been charged, be sure to call a lawyer right away.
There are not a lot of great ways to avoid the penalty for refusing the breathalyzer test, but your lawyer can protect you against other aspects of a DUI. Also, it is occasionally possible to win a defense if you can show that the officer did not have reasonable grounds to request your test or that the test itself was unlawful. Learn more here.
The upshot is that it’s always best to take the breathalyzer test if you’re asked. And whether you refused or not, always talk to a lawyer as soon as possible afterward to protect yourself.
