Oklahoma’s DUI refusal laws are already pretty tough, and the state has a comprehensive ignition interlock device (IID) program for those with high BAC first-offense DUIs or multiple offenses. Now the state legislation may be increasing the penalties for violating implied consent laws, with a criminal charge on top of penalties already in place.
After you are arrested, the officer will tell you that you will lose your license if you refuse to take a sobriety test, if you refuse to submit to a breathalyzer test when suspected of drinking and driving, you’ll immediately receive a six-month driver’s license suspension and an 18-month ignition interlock requirement. Legally, the officer cannot make you take an Oklahoma breathalyzer unless you were involved in an accident where someone was seriously injured or killed.
Oklahoma DUI Refusal Consequences
- Your license will be suspended for six months unless you also have a previous DUI or APC conviction. If you do, then it will count as if this were your second refusal.
- One-year suspension of license.
- Three-year suspension of license. Refusal also results in 18-month ignition interlock requirement. This also refers to any combination of refusals and prior convictions that amount to three or more incidents.
Plus, you’ll have consequences for your DUI, if found guilty. For a first DUI in Oklahoma, you will go to jail for at least ten days, be fined up to $1,000, and will have to participate in an assessment program for substance abuse. This is more severe than having your license suspended.
Still, refusing the test does not guarantee that you won’t be convicted, you could be found guilty of a DUI even if your refusal means that the state does not have proof that your BAC was over .08 percent, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DUI.
Of course, we would love to see IID access expanded across the state in order to reap the benefits of tough DUI laws. Until then, additional penalties for refusing the breathalyzer may keep people from drinking and driving to begin with.