Oklahoma DUI: I got pulled over for driving under the influence. Am I required to take a Breathalyzer test?
In Oklahoma, you are required to take a chemical test like the Breathalyzer to determine your blood alcohol content (BAC) if you are arrested for driving under the influence (DUI). Oklahoma law mandates that a person arrested for DUI must submit to a breath, blood, urine or saliva test within two hours of driving. This is because Oklahoma has an “implied consent” law. That means if you are driving on Oklahoma roadways and you are arrested by any Oklahoma police officer who had probable cause to believe you were driving under the influence, then the law presumes you have already consented to taking a chemical test, like a Breathalyzer test, to determine whether your BAC exceeds the legal limit. Generally, the legal limit in Oklahoma is .08; however, Oklahoma law has lower limits for drivers of commercial vehicles and drivers who are under 21 years of age.
Despite the implied consent law, an Oklahoma police officer cannot force you to take a chemical test unless you were involved in an accident which caused serious injury or death. However, if you refuse to take a Breathalyser or other chemical test, you risk having your license suspended or revoked by the Oklahoma Department of Public Safety. In addition, an Oklahoma prosecutor is allowed to use the refusal of a chemical test against you at trial by arguing that your refusal is evidence that you knew you were intoxicated and guilty of DUI. If you have been arrested and charged with DUI in Oklahoma, call the experienced DUI defense attorneys at Brown & Gould, PLLC. For complete information call the attorneys at Brown & Gould, PLLC at (405) 235-4500 or visit our website at www.browngouldlaw.com.