The Oklahoma Breathe Test
The Information You Need To Know
By Joshua C. Smith
In order to drive on Oklahoma roads you are required to consent to an alcohol test. In other words, if you drive on Oklahoma roads, you automatically give consent to submit to a chemical BAC test if a law enforcement officer suspects you of driving under the influence.
At the time you are placed under arrest for DUI, the officer will read you the Implied Consent Warning which states that the arresting officer has reason to suspect that you have driven under the influence and requests that you submit to a chemical test also known as a breathe (BAC) test. The warning also states that you are not entitled to speak with an attorney before making your decision and that refusing the test will result in an automatic suspension of your driver’s license.
“If you have been arrested for DUI it is imperative to seek representation immediately to ensure the best possible case result.”
If you refuse the test, then the officer will confiscate your driver’s license and serve you with an Officer’s Affidavit and Notice of Revocation. These documents will serve as a temporary driving permit that is valid for 30 days. After 30 days, your license will be automatically revoked for a period of no less than six months unless an administrative hearing is requested within the 15 days.
If you chose to take the Breathe test and test over the legal limit then the officer will also confiscate your driver’s license and serve you with an Officer’s Affidavit and Notice of Revocation. These documents will serve as a temporary driving permit that is valid for 30 days. After 30 days, your license will be automatically revoked for a period of no less than six months unless an administrative hearing is requested within the 15 days.
If you decide to take the test, you should immediately tell the officer that you want your own independent blood test. This will ensure the accuracy of the test. If they do not provide you with an independent test, then it could invalidate their test. If they say they will not pay for it then you should always offer to pay.
Joshua C. Smith has helped hundreds of Oklahoman’s get their cases dismissed and their records expunged. If you have been arrested for DUI it is imperative to seek representation immediately to ensure the best possible case result.