Failing a breath or field sobriety test in Oklahoma usually means you will be arrested and charged with DUI. These breath and field sobriety tests are often the main evidence used by officers to justify the arrest. What happens next depends on the details of your stop, your test results, and how the charges are filed.
Failing a Breath or Field Test Is Only the Beginning
A lot of people think that failing one of these tests means the case is already over. In reality, things are often more complicated than that. Different rules apply depending on whether it was a roadside field sobriety test or a breath test done at the station, and where the stop took place can also change how the case moves forward.
The Outcome of a Field Test Is Often Subjective
Field sobriety tests are based on how you perform certain physical tasks, like walking in a straight line or standing on one leg. These tests can be affected by stress, medical conditions, or even something as simple as the shoes you were wearing. Since the results rely on the officer’s personal observations, there is often room for different interpretations.
Breath Test Results May Still Be Challenged Later
Even if you were given a breath test and failed it, that does not automatically mean the results are final. There are rules about how the test must be given, how the device is maintained, and how the results are handled. If those steps were not followed properly, the test result may not carry as much weight in court as you might think.
Administrative and Legal Consequences Start Quickly
Things start moving quickly after a failed sobriety test, sometimes before you even make it home. You may still be processing what happened while deadlines, notices, and paperwork are already on the way. The process moves fast, and different agencies may get involved right away. Here are a few things that may happen after a failed test:
- Your driver’s license may be suspended by the Department of Public Safety
- You could receive a notice with a short deadline to request a DMV hearing
- A temporary driving permit might be issued until your case moves forward
- You may be required to install an ignition interlock device
- The court could set a bond amount with specific conditions attached
- A court appearance may be scheduled before charges are even filed
The clock starts ticking as soon as the arrest is reported, and missing even one deadline can make things worse. Even a misdemeanor DUI can lead to a suspended license if the correct steps are not taken.
DUI Charges May Be Paired With Other Allegations
Many DUI cases are more complex than they appear at first. It is not unusual for a traffic stop or failed sobriety test to lead to additional charges once the officer starts asking questions or searching the vehicle. These added charges can make the case harder to resolve and may lead to more serious consequences.
Additional Citations Can Affect Your Case Outcome
Sometimes a DUI case includes charges that are not directly related to alcohol or drugs. If you refused chemical testing, got upset during the arrest, or left the scene, the officer may add charges like resisting or interfering. Under 21 OK Stat § 540, prosecutors may file charges for obstruction or fleeing even when the rest of the case is non-violent.
DUI Arrests Sometimes Lead to Searches and Seizures
Officers may decide to search your car or belongings during a DUI arrest, especially if they believe there is something else in the vehicle. If they find drugs, large amounts of cash, or other suspicious items, you could be charged with an entirely different offense. Under 63 OK Stat § 2-402, possession with intent to distribute can apply when the arrest leads to a discovery of controlled substances beyond personal use.