Refusing a breathalyzer test in Oklahoma is not something you want to do. When you refuse to take this test, it complicates your legal situation, but if you’ve already refused, now you need to get the help of a good lawyer. It’s never a good idea to try to fight a DUI charge on your own, but it’s especially important to have a DUI attorney in Oklahoma City on your side if you’ve refused the breathalyzer test.
How Can a Lawyer Help If I Refused a Breathalyzer Test in Oklahoma?
By driving on public roads, Oklahoma motorists implicitly agree to submit to chemical tests if they’re suspected of a DUI. Refusal to comply means your license is immediately suspended.
A lawyer will take a number of steps to uncover potential defenses for you. Read on to learn some general steps a DUI lawyer might take, and find out more by contacting a lawyer about the specifics of your case.
Challenging the Legality of the Traffic Stop
One of the first areas your lawyer will examine is whether the initial traffic stop was legal. For a DUI charge to hold, the police must have had a legitimate reason for pulling you over. If the stop was unjustified, any subsequent evidence, including the refusal to take the breathalyzer test, might be inadmissible in court.
Contesting the License Suspension itself
Refusing a breathalyzer test means an automatic license suspension, but you always have the right to challenge this suspension. A lawyer can request an administrative hearing with the Department of Public Safety (DPS) and present evidence and arguments to demonstrate that the suspension should not be enforced.
Building a Strong Defense Strategy
Refusing a breathalyzer test is serious, but it doesn’t mean an automatic DUI conviction, and your lawyer will go to work developing a defense to get you the best possible outcome. There are all kinds of things to explore here, from the validity of the officer’s observations to the reliability of the field sobriety tests.
Negotiating Plea Bargains
In some cases, the best thing for you might be to negotiate a plea bargain. A plea bargain is where you and the prosecution reach an agreement whereby you plead guilty to a lesser charge in exchange for reduced penalties. You need a lawyer with a strong knowledge of the law and lots of experience with similar cases to negotiate the best possible deal.
Representing You in Court
Obviously, if your case goes to trial, you want a lawyer with you for the best outcome. Your lawyer will prepare your defense, present it convincingly, argue on your behalf, cross-examine anyone witnessing against you, and challenge the prosecution’s evidence.
Providing Guidance and Support
Facing DUI charges is scary and stressful for anyone, and a lawyer doesn’t just give you legal representation. Your attorney will also provide you with other types of support throughout the process. They’ll keep you up-to-date on the progress of the case, explain the legal options available, and give you sound advice as you make decisions about what course of action to take.
If you’ve been charged with a DUI and have refused the breathalyzer test, all is not lost; but you need to contact a lawyer as soon as you can.