Implied Consent in Oklahoma
An individual charged with DUI in Oklahoma will also be facing a parallel DPS(Oklahoma Department of Public Safety) administrative hearing. These hearings, which must be requested within 15 days of arrest, are held for the purpose of deciding whether to uphold a suspension of the defendant’s driver’s license.
DPS suspensions are authorized by Oklahoma implied consent law. The Oklahoma implied consent law states that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence(or was in Actual Physical Control), then you consent to taking a chemical test of your blood or breath for the purpose of determining your blood alcohol content (BAC). In other words, by obtaining a driver’s license in the Oklahoma, an individual is giving implied consent to be tested for alcohol and/or substances if an officer has probable cause to believe the individual has been driving under the influence.
There is a standard series of questions asked when an individual is being requested to submit to testing. The questions are as follows:
1. You have been arrested and you are requested to submit to a test or tests to determine the presence and/or concentration of intoxicants in your body.
2.The state’s test will be a [insert ONE word “breath” OR the word “blood”] test. If a blood test is performed, it will be done by approved medical personnel.
3. Once you complete the state’s test, you may have an additional test at your own expense, provided that a sufficient quantity of any specimen obtained shall be available to the state for testing.
4. You are not entitled to consult with an attorney prior to making your decision whether or not to submit to the state’s tests.
5. You may refuse the state’s test, but as a consequence your driver’s license will be revoked or denied by the Department of Public Safety.
6. If you are age 21 years or older and the test result is 0.08 or more alcohol concentration, your driver’s license will be revoked or denied by the Department of Public Safety. If you are under age 21 and the test result is 0.02 or more alcohol concentration, your driver’s license will be revoked or denied by the Department of Public Safety.
7. If your driver’s license is revoked or denied by the Department of Public Safety, you may be required to have an ignition interlock installed.
8. Will you take the state’s test?
If you have questions regarding a DUI arrest, a DPS license suspension, or implied consent in Oklahoma, contact our Tulsa DUI Attorney at (918)994-2340. We give free consultations and have payment plans available.
Jeff Krigel is an attorney in Tulsa Criminal Attorney dedicated to achieving your legal goals in a competent, trusting, and result oriented manner. The firm is based in Tulsa, Oklahoma, and handles criminal defense, as well as other legal matters in all Oklahoma Counties. If you have been accused of a crime, it is important to seek the help of a qualified attorney. We offer free consultations and have payment plans available. 918-994-2340.