Oklahoma DUI charges: What does implied consent mean?
People who are stopped by the police on suspicion of driving under the influence of alcohol may be asked to submit to a breath test. These motorists have an important decision to make at this point: Do they consent to the test or do they refuse?
Oklahoma is an implied consent state. This means that when you seek a driver's license in the state, you are implying your consent to undergo sobriety tests whenever a police officer pulls you over for possible drunken driving. Implied consent laws have probably made it easier for the police to arrest motorists on DUI charges, but many people refuse to submit to testing despite these laws.
While police officers cannot force you to submit to a test, implied consent makes it possible for officers to arrest you for refusing a Breathalyzer. The penalties for refusing to submit to a breath test may be at least as severe as the penalties associated with actual DUI charges. In fact, a refusal to submit could mean that you will be ordered to install an ignition interlock device on your vehicle.
As far as the question of whether to submit to a Breathalyzer or to refuse, it is up to each individual. However, it is important to note that some defense attorneys have experienced a greater rate of success defending motorists against DUI charges that were not accompanied by Breathalyzer test results. This is not advice; it is simply a factor to consider if the police pull you over for suspicion of DUI.
Regardless of the choice you make regarding Breathalyzer tests, you will need a strong advocate to protect you from the most severe penalties associated with driving under the influence.