Question: If I refuse to submit to a chemical test in Oklahoma, can the police still draw my blood?
Answer: By chemical test, we’re referencing a breath test. They can request a blood test. The only way they could force a blood test would be if they had a warrant. That is under Oklahoma law at this point. There is one provision in the law where if there is a fatality accident, the law states that the blood can be drawn. At the same time, there is a Supreme Court case that came out last year, which would being that law and its constitutionality directly into question. Personally, we feel very strongly that it is not a constitutional provision and the law cannot stand at this point, but it has not actually been litigated as we speak.
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