If you have been arrested for DUI, it means the arresting officer has identified enough evidence of your intoxication to justify taking you into custody. This does not mean you are guilty of any criminal wrongdoing. It means you are in a bit of a pickle and need to take the matter seriously.
If you are new to being arrested, as the majority of DUI arrestees are, try not to panic. The best thing to do is to remain as calm as possible and be cooperative, while also being mindful that what you say or do may later be used against you. As soon as you can, call an experienced DUI defense attorney.
Did the Arresting Officer Advise You of Your Miranda Rights?
An arresting officer does not have to recite your Miranda warnings at the time of your arrest. It’s done so that anything you say after being notified of your right to remain silent can be admitted against you in criminal proceedings.
Miranda does not protect anything you say before you are arrested. During the officer’s initial investigation, information you provide can be (and often is) used as evidence against you.
Whether you are given Miranda warnings or not, it is best to remain silent after your arrest until you can speak to an attorney.
How You Decide Whether or Not to Submit to Chemical Testing
Once you arrive at the police station, you will be asked to submit to chemical testing. A breath test is commonly requested for suspected alcohol impairment. A blood test may also be requested if drug impairment is suspected.
In Oklahoma, DUI suspects are not allowed to consult an attorney before deciding whether to submit to chemical testing.
What Happens if You Refuse the Test
You can refuse to submit to either test, but there will be legal and administrative consequences. By law, when you are granted a driver’s license, you give the state permission to test your body for the presence of intoxicating substances if you are arrested for DUI.
Refusing to submit to chemical testing results in an immediate suspension of your driver’s license for at least 180 days, and your refusal may be used as evidence in any criminal proceedings against you.
You can appeal the suspension, but if you lose, the only way to legally drive during the suspension period and get your driver’s license reinstated is to enroll in the Impaired Driver Accountability Program (IDAP). IDAP requires that you install and maintain an ignition interlock device (IID) during the suspension period. Completion of IDAP will remove the license suspension from your driving record.
What Happens if You Take the Test
If you agree to submit to chemical testing, you will either hurt yourself or help yourself. For the results of chemical testing to be considered reliable evidence, the test should be done within 2 hours of your arrest.
If the test reveals a blood alcohol concentration (BAC) of .08 or higher, the law presumes you were driving under the influence, though it is possible to overcome the presumption.
If your BAC is between .05 and .08, you can face the lesser charge of driving while impaired (DWI). If your BAC is below .05, you may still be charged with DWI, but the evidence is more exonerating than incriminating.
Call a Reputable Lawyer as Soon as You Get Released
If you’re like most people who have the misfortune of getting a DUI, you want to get it taken care of and get back to your life as quickly as possible. DUI charges can be successfully defended. There are alternative resolutions that could result in your case being dismissed or that can keep a conviction from appearing on your record.
If managed properly, a DUI arrest does not have to derail your life. An Oklahoma DUI defense lawyer can put your mind at ease after evaluating your case, explaining your options, and recommending the course of action that will be most advantageous for you.