Knowing your rights during a DUI arrest in OKC can significantly impact the outcome of your case. Law enforcement officers must follow strict procedures during a DUI stop and arrest, and you have legal protections under state and federal law.
1. Your Right to Remain Silent
Under the Fifth Amendment, you have the right to remain silent to avoid self-incrimination. When an officer pulls you over on suspicion of DUI, they may ask questions regarding if you’ve been drinking or how much, however, you are not legally required to answer these questions.
You should politely decline by saying: “I am invoking my right to remain silent.” The court can use anything you say against you, so limit what you say and avoid admitting to drinking.
2. Your Right to Refuse Field Sobriety Tests
During a DUI stop, officers may ask you to perform field sobriety tests (FSTs), such as a walk-and-turn test or an eye test. In Oklahoma, you have the right to refuse field sobriety tests without legal penalties. These tests are highly subjective and often used to justify an arrest rather than prove impairment. If asked to perform them, politely decline by saying: “I prefer not to take any field sobriety tests.”
3. Your Right to Refuse a Preliminary Breath Test (PBT) at the Scene
During a traffic stop, the officer may ask you to take a portable breath test (PBT) using a handheld device. You have the right to refuse this roadside test without facing immediate legal consequences. However, refusing the official breath test at the police station after an arrest is different (see next section).
4. Oklahoma’s Implied Consent Law – Your Right to Chemical Testing
Under Oklahoma’s Implied Consent Law, if you are lawfully arrested for DUI, you are required to submit to a breath, blood, or urine test to measure your blood alcohol concentration (BAC). Refusing a post-arrest breath or blood test can result in:
- Automatic license suspension for at least six months
- Increased penalties if convicted of DUI
- Possible use of your refusal as evidence in court
If you refuse the test, officers must inform you of these consequences and provide a written Implied Consent Warning. You can still challenge your license suspension through an Administrative License Revocation (ALR) hearing with the Oklahoma Department of Public Safety (DPS).
5. Your Right to Legal Representation
The Sixth Amendment guarantees your right to an attorney after your DUI arrest. Law enforcement must allow you to contact a lawyer before submitting to chemical testing if you request one.
You should exercise this right immediately by saying: “I want to speak with my attorney before answering any questions or taking any tests.” Do not discuss your case with officers without legal counsel present.
6. Your Right to Know the Charges Against You
After your DUI arrest, officers must inform you of the exact charges you are facing. You should receive a formal explanation of your charges when you are booked into jail. If officers fail to provide this information, your attorney may use it as part of your defense.
Oklahoma City Criminal Defense Attorneys
Understanding your legal rights during a DUI arrest in Oklahoma City can make a significant difference in your case. Knowing when to remain silent, refuse tests, or request an attorney can help protect you from unnecessary penalties. If you are facing DUI charges, consulting an experienced DUI defense attorney can provide the best chance of reducing or dismissing the charges.
If you or a loved one has been arrested for DUI in OKC, our criminal defense team at Kania Law – OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
