Oklahoma DUI Breath Test Vs Roadside Test
Will You Blow?
NOTE: this page is discussing the request for a breath test AFTER you have been arrested. It is NOT the same as a Roadside Blow.
A common question is:
If I am arrested for a DUI/APC is: should I blow?
As with most legal questions – it depends!
There are two separate problems from a DUI arrest.
CRIMINAL CASE
If you take the breath test, one of two things happen:
- You blow below the legal limit and you should be released and sent home. But, there is no guarantee you will be released. A case can be prosecuted just on the officer’s observations.
- You blow and are over the legal limit. Now the prosecutor has a number and you will be presumed guilty. It becomes your burden to disprove this number and any other indictors of intoxication. In most instances, the criminal case is more difficult with a breath test number, especially a higher number.
ADMINISTRATIVE CASE
This case involves your driver’s license and is a separate issue from the criminal case. Different people in a different location make the decision based on different rules.
- If you blow and are under the legal limit there will be no action taken on your driver’s license.
- If you blow and the number is over the legal limit you will have to fight to save your license, but there are more rules and regulations we can challenge.
- If you refuse the test, then the issues we can challenge are more limited as the main issues are the legality of the stop and arrest along with proving an actual refusal.
ANSWER:
As you can see there is not a clear answer. Your decision probably will be driven by what is most important to you: the criminal issue or your Driver’s License.
Blowing may make it easier to win your driver’s license but could make it more difficult to win your criminal case. Of course, the level of consumption and possible intoxication could change any of these decisions as well.
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