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May 21, 2023

The Consequences of Refusing a Breathalyzer Test in Oklahoma

Refusing a breathalyzer test in Oklahoma can lead to license suspension, increased penalties, and limited defense options.

In the state of Oklahoma, refusing to take a breathalyzer test during a DUI stop carries serious legal consequences. Under the implied consent law, individuals who hold a driver’s license are deemed to have given their implied consent to submit to a breathalyzer or other chemical test if lawfully arrested for suspicion of DUI. Refusing the test triggers an automatic license suspension, regardless of the eventual DUI conviction.

Mandatory License Suspension Period for Refusal

For first-time refusal, the Oklahoma Department of Public Safety (DPS) imposes a mandatory license suspension of 180 days. Subsequent refusals within a ten-year period can result in longer suspensions. This license suspension takes effect regardless of whether the individual is ultimately convicted of a DUI offense.

Potential for Increased Penalties upon Conviction

Refusing a breathalyzer test can lead to increased penalties if convicted of DUI in Oklahoma. Prosecutors often argue that the refusal indicates a conscious effort to obstruct justice and a lack of remorse, which can be used against the individual during sentencing.

As a result, the court may impose harsher fines, longer probation periods, mandatory alcohol education programs, or even jail time compared to a DUI conviction where the breathalyzer test was taken. The decision to refuse the test could potentially amplify the legal consequences of a DUI charge.

Impact on Defending Against a DUI Charge in Court

Refusing a breathalyzer test can have implications for an individual’s ability to mount a successful defense in court. While the absence of breathalyzer test results may create challenges for the prosecution, it does not guarantee an acquittal. The prosecution can still rely on other evidence, such as officer observations, field sobriety tests, or witness statements, to build a case against the accused.

By refusing the test, individuals may limit their defense options and give the prosecution an opportunity to argue guilt based on circumstantial evidence. It is important to recognize that refusing the test does not necessarily protect individuals from a DUI conviction and may weaken their defense strategy.

Partnering with Outhier & Caruthers, PLLC

Navigating the complex legal landscape of DUI charges requires expert legal representation. Outhier & Caruthers, PLLC is a trusted law firm specializing in DUI defense in Oklahoma. With our extensive experience and knowledge of the state’s laws, we can provide the guidance and advocacy you need to protect your rights and achieve the best possible outcome.

Our dedicated team of attorneys understands the nuances of Oklahoma’s DUI laws and will work tirelessly to build a strong defense strategy. We have a proven track record of successfully defending clients facing DUI charges, including cases involving breathalyzer test refusals. By partnering with Outhier & Caruthers, PLLC, individuals facing DUI charges can receive personalized attention and a comprehensive defense tailored to their specific circumstances. Call us today at (580) 234-6600.

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