When you’re pulled over, you have a lot running through your mind: What did I do wrong? Where’s my registration? Will the officer be nice? If you’ve been drinking, you’re probably even more nervous—and you have reason to be. Under Oklahoma’s implied consent law, you could be asked to take a breathalyzer or blood test, and face automatic consequences if you refuse. It’s important for all drivers to understand these laws, so let’s dive in.
What Is Implied Consent in Oklahoma?
According to Oklahoma Statutes Title 47 § 751, by operating a motor vehicle within the state, drivers automatically give their consent to submit to chemical testing if they are lawfully arrested by an officer who has reasonable grounds to believe the driver is under the influence of alcohol or drugs.
Let’s break down the elements of this definition of implied consent:
- Arresting officer: The test must be administered at the direction of an authorized law enforcement officer. The officer determines which test to administer.
- Chemical testing: This could be a breath or blood test to determine the presence of alcohol or drugs.
- Lawfully arrested: The traffic stop and arrest must be carried out according to legal procedures and based on probable cause.
- Reasonable grounds: The officer must have specific, factual reasons to believe the person is driving under the influence. This means things like slurred speech, bloodshot eyes, a smell of alcohol, or swerving in the road.
Essentially, if you’re pulled over and the officer suspects impairment, they’ll ask you to take “the State’s test.” Under implied consent, you’re expected to comply with their request for a breathalyzer or blood test. If you don’t, there are automatic consequences, like license suspension.
Beyond DUIs: More Examples of Implied Consent
Implied consent isn’t just for DUIs. It’s a legal doctrine that can apply to many different situations where consent is not explicitly given but can be assumed, like:
- Medical treatment: If a patient is unconscious or unable to communicate, healthcare providers assume consent to perform life-saving procedures.
- Airport security: By purchasing a ticket and arriving at the airport, passengers imply consent to security screenings and searches.
- Private property: If the owner is unavailable and emergency personnel need to enter private property to save a life or prevent serious injury, consent is implied.
- Sporting events: Athletes imply consent to physical contact within the rules of the game, such as tackles in football or body checks in hockey. Audiences attending sporting events also give implied consent to certain dangers, like getting hit with a baseball.
A Quick History of Implied Consent: Why Is It Legal?
As you’re reading about implied consent in Oklahoma, your first question might be: Is this legal? Doesn’t the Constitution protect me against searches and seizures? The answer is that the Fourth Amendment only protects you against unreasonable searches and seizures. The Supreme Court has found that the government’s interest in protecting public health and safety sometimes outweighs this Constitutional right. This is true in the case of DUIs.
Implied consent is based on the principle that individuals who engage in certain activities inherently agree to abide by the regulations and laws governing those activities. In the case of a DUI, the activity is driving. All 50 states consider driving to be a privilege, not a right—and the Supreme Court agrees. This might seem like silly wordplay, but it’s an important legal difference: The state can take away a privilege. It can’t take away your rights.
When it comes to DUI, there’s a clear benefit to public safety that outweighs a minor invasion of your privacy. That’s why courts have upheld implied consent laws in Oklahoma and elsewhere.
Does This Mean I Have to Take the State’s Test?
Technically, you can refuse to take a breathalyzer or a blood test if you’re asked. The arresting officer can’t force you to do so. You can even change your mind after you initially consent. For example, if you’re taken to a hospital for a blood draw, you might decide on the way there that you actually don’t want to take the test. You can still refuse at that point.
However, if you do refuse the State’s test, a couple of things will happen. First, you’ll probably still be arrested. The arresting officer can simply use their own observations as probable cause to arrest you, for example, if they smell alcohol on your breath or you failed a standard field sobriety test. If your case goes to court, their observations can be used as evidence, and your refusal will also be used against you.
Second, your license can be revoked. Service Oklahoma, which has taken over for the Oklahoma Department of Public Safety, will send you a letter in the mail revoking your license. The letter will prescribe a means for appeal, as well as a deadline for filing it. Within that time frame you must either appeal the license revocation or enroll in IDAP, a driving program that requires a breathalyzer in your car.
The Bottom Line
Implied consent in Oklahoma doesn’t mean the police can force you to take a breathalyzer or blood test. But it does mean that there are automatic consequences if you refuse. The courts have upheld implied consent laws for decades, putting drivers suspected of DUI in a tight spot—you could face consequences whether you take the test or not.
The best thing to do is contact an experienced DUI attorney who can help you figure out how to defend yourself and get a good outcome for your case. Contact the Tulsa DUI Guy today for a free case evaluation to get started.