DUI stops, Breathalyzer tests and implied consent

The notion of "implied consent" refers to the fact that you can get in immediate trouble with the law if you refuse to submit to a Breathalyzer test. The notion of "implied consent" refers to the fact that, by the act of having a drivers' license and getting behind the wheel of an automobile, you have agreed to submit to a breath test when an officer requests it.

The police, however, cannot force you to take a breath test. For this reason, many Oklahoma drivers choose to refuse when it comes to a breath test request. This, however, will come with swift and immediate consequences -- usually an immediate arrest -- due to "implied consent."

What do implied consent laws require?

Implied consent laws are in place in all 50 states. When drivers apply for their licenses, they give this consent -- which says that they will submit to chemical tests and/or field sobriety tests if an officer suspects that they've been driving drunk. Under applied consent laws, drivers who refuse to take breath tests will usually get arrested and have their licenses suspended immediately.

In most states, drivers will be subject to immediate penalties for refusing to take a breath test. In Oklahoma, for example, drivers will have an immediate 6-month license suspension and 18 months of ignition interlock. It's possible that refusing a breath test could also result in a having your insurance policy canceled.

The advantages of refusing to blow aren't clear

There are penalties for refusing to take a Breathalyzer test, but there might also be some advantages. For example, drivers who are certain that they are extremely drunk and have an extremely high blood alcohol content might fare better during their criminal court trials if they choose to fight against the allegations in court.

Ultimately it's a risk to refuse a breathalyzer test and it's unclear what the result will be. There are just too many factors will go into play during the average drunk driving case to accurately assess the best advice in all circumstances. To accurately assess your DUI accusations, it will require legal training and an in-depth understanding of the law.

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