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Breathalyzer Laws

Breathalyzer Laws

Refusing a Breathalyzer or Blowing .15 or Greater

Breathalyzer laws in Oklahoma can be complex, not to mention strict. In fact, in many situations, you can face a harsher penalty following a breathalyzer refusal than if you simply took the test and failed. For instance, the penalties for a breath test refusal in Oklahoma include:

First Offense.

A License Revocation of 180 Days, Plus an Additional 18 Months in Which You Must Have an Ignition Interlock Device (IID) Installed on Your Vehicle

Second Offense.

If You Have a Prior Refusal or DUI Conviction within the Previous 10 Years, a License Revocation of 1 Year Plus Another 4 Years with an IID

Third or Subsequent Offense.

If You Have 2 Prior Refusals or DUI Convictions within the Previous 10 Years, a License Revocation of Three Years Plus Another 5 Years with an IID

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What If I Take the Test?

The chances of a DUI conviction increase if you take the test and it indicates your breath alcohol content (BAC) is over the legal limit of .08 percent. But you likely won’t have to use an IID on your car for 18 months if it is your first DUI offense—making the penalties potentially less severe than if you refuse testing. However, if your BAC is .15 percent or more, you will have the mandatory 18-month IID installation following your license revocation— just like if you refuse the test.
Given the complexity of these laws, it is always best to speak to an experienced lawyer if you have been accused of either DUI or a wrongful refusal.