Stopped for Suspicion of DUI: Refusing the Officer’s Tests is the Drunkest Thing You Can Do

by Peter Scimeca

     In Oklahoma, for a first-time DUI, the civil consequences affecting your ability to drive generally are more significant than the criminal consequences. If you refuse an officer’s request to take a breath test or blood test, your driver’s license may be automatically revoked for six months with a reinstatement period of 18 months. In layman’s terms, if you refuse an officer’s request, you might be paying for and blowing into an ignition interlock every 15 minutes to operate your car for the next two years on a first time DUI offense even if you were not legally drunk when you refused the officer’s request. If you had simply taken the test, you would have had more opportunity to pass or defeat the validity of the test(s) if you happen to fail. The normal scenario for a first time DUI with a blood alcohol content under .15 is a six month modified license - if you take the test.

     Long gone are the days where you would receive any benefit for refusing the State’s test and the old drunk guy at the end of the bar who is still espousing to refuse the tests, is not to be trusted. The drunkest thing you can do when pulled over for suspicion of DUI is refuse to take the tests.

     For more information, contact Peter Scimeca at 272-9241 or scimecapl@andrewsdavis.com.


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1 comment (Add your own)

1. Andy Anderson wrote:
Good to know, thanks Peter.

Wed, August 31, 2016 @ 8:17 AM

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