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Can I Refuse a Breath or Blood Test in Oklahoma?


When a person is placed under arrest for DUI in Oklahoma, the arresting officer will ask if the suspect would take a breath or blood test to determine blood alcohol content (BAC). If the test results show that the BAC is over the legal limit of .08 percent, the prosecution may have enough evidence to secure a conviction.

You may be wondering, “Do I have to take a chemical test?” Although you have the right to refuse, doing so can lead to penalties separate from those associated with a DUI conviction.

According to Oklahoma’s “implied consent” law, any person who drives a motor vehicle in the state automatically consents to a breath, blood, or urine test. Whether a person is arrested for a DUI or involved in a fatal car accident, law enforcement must request the person to submit a breath test. On the other hand, if the individual is unconscious, then the officer may take a blood sample with assistance from medical personnel.

If you refuse to submit a post-arrest chemical test, your driver’s license will be confiscated and revoked for up to three years (minimum of 180 days), followed by up to five years (minimum of 18 months) of operating a vehicle with an ignition interlock device (IID). Additionally, your refusal can be used against you in court since the prosecution can argue your refusal indicated you were intoxicated at the time of the arrest.

However, chemical tests are not entirely fail-proof. Not only must police officers receive proper training for administering such tests, but they also must properly calibrate the device to ensure accuracy.

If an arresting officer fails to read you your rights, fails to properly administer the test, or fails to calibrate the device, the results could be thrown out of the court. Without any test results to prove you are guilty beyond a reasonable doubt, your case could be dismissed.

If you have been charged with a DUI in Norman, contact the Law Offices of Keith J. Nedwick, at (866) 590-8173 and request a free case review.

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