Glenpool, Oklahoma DUI Attorney: The Implied Consent Doctrine

If you have been issued a DUI citation and are seeking legal representation contact John Mac Hayes today at 405-235-5200.

If you are pulled over for DUI, the police officer will probably seek to perform a breath, blood, saliva or urine test within two hours of pulling you over. If the officer suspects alcohol intoxication, a Breathalyzer test will most likely be administered. Although under Oklahoma law the officer normally cannot force you to submit to testing, by refusing you are likely to suffer negative legal consequences. In this situation, a seasoned and aggressive Glenpool DUI attorney can help you fight back.

The Dilemma

If a police officer seeks to perform a DUI test on you, you have two options: submit or refuse. If you are confident that you are not legally intoxicated, you might choose to consent to the test — after all, if you are right then you might not even be arrested. If you are not so confident, however, you are faced with a dilemma. If you consent to be tested, you may face a DUI charge. If you refuse to submit to testing, however, you can be punished under Oklahoma’s implied consent doctrine. If you are involved in a serious injury accident or are unconscious, the officer can have you tested without your consent.


Alcohol Intoxication Standards

In Oklahoma, a Blood Alcohol Content (BAC) of 0.08 percent is necessary to secure a DUI conviction in most cases. If you are under 21, however, a BAC as low as 0.02 percent is enough for a DUI conviction. If you are driving on a commercial driver’s license, 0.04 percent is the legal BAC limit.

Penalties for DUI vs. Refusing to be Tested

In Oklahoma, a first offense DUI carries the following penalties:

  • A minimum sentence of 5 days in jail, although up to a year is possible.
  • A 30-day driver’s license suspension.
  • A fine of up to $1,000.
  • Mandatory substance abuse evaluation.

Subsequent offenses are punished even more harshly. A second DUI within 10 years is considered a felony with a maximum sentence of five years in prison.

The first offense penalty for refusing to take a DUI test includes:

  • A six-month suspension of your driver’s license plus a further 18 months with an ignition interlock device that prevents you from starting your car if you are intoxicated.
  • A fine.
  • Possible jail time.

As with DUI, second and further offenses result in progressively harsher punishments.

Unfortunately, refusing to submit to DUI testing doesn’t guarantee that you won’t be convicted of DUI as well. Even without DUI test results, the officer can perform a field sobriety test (walking a straight line, for example) and can testify that you appeared to be intoxicated while on the road or during the traffic stop. Your refusal to submit to testing even can be used against you in court to raise the inference that you refused to be tested because you knew that you were intoxicated.

If you have been charged with refusal to consent to a DUI test, and perhaps DUI as well, an experienced Oklahoma DUI lawyer may be able to help you beat both charges by raising defenses or plea bargaining with the prosecutor. John Mac Hayes will work tirelessly and leave no stone unturned to provide you with the best possible defense. If you have been arrested in Glenpool, Oklahoma or elsewhere in the Tulsa metropolitan area, call John Mac Hayes today at405-235-5200 for a free initial consultation.

Glenpool, Oklahoma DUI Attorney: The Implied Consent Doctrine