Understanding Your Rights During a DUI Stop in Oklahoma

Understanding your legal rights during a DUI stop can help protect you from self-incrimination and ensure that law enforcement follows proper procedures. Whether you are facing a routine traffic stop or a DUI checkpoint, knowing what you can—and cannot—do is crucial in safeguarding your rights.

Right to Remain Silent

Under the Fifth Amendment, you have the right to remain silent. While you must provide basic identifying information, such as your driver’s license, registration, and proof of insurance, you do not have to answer questions about where you were, whether you have been drinking, or how much alcohol you have consumed. If asked, you can politely state:

“I am exercising my right to remain silent and would like to speak with an attorney.”

Right to Refuse Field Sobriety Tests

Field sobriety tests (FSTs), such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test, are not mandatory under Oklahoma law. These tests are highly subjective and can build a case against you, even if you are sober. You have the right to refuse these tests without automatic penalties.

Right to Refuse a Preliminary Breath Test (PBT) Before Arrest

If an officer asks you to take a portable breathalyzer test (PBT) before an arrest, you have the right to refuse. These handheld devices are often unreliable, and a refusal cannot be used against you in court. However, if you are arrested, refusing a chemical test carries serious consequences.

Right to Refuse a Chemical Test

You have the right to refuse a chemical test, however, it comes with consequences. Under Oklahoma’s implied consent law, refusing a breath, blood, or urine test after arrest results in an automatic license suspension:

• First refusal – 6-month license suspension
• Second refusal within 10 years – 1-year license suspension
• Third refusal within 10 years – 3-year license suspension

Refusing a post-arrest chemical test can also be evidence against you in court. However, an attorney may challenge the validity of the test or the officer’s probable cause for the arrest.

Right to Legal Representation

If you are arrested for DUI in Oklahoma, you have the right to an attorney. Law enforcement must allow you to contact a lawyer within a reasonable time after your arrest. Do not answer any further questions without your attorney present. Always be respectful to the Police as this helps. Give them your name, drivers license and proof of insurance but after that have your attorney present.

Right to Challenge an Unlawful Stop or Arrest

Police officers must have reasonable suspicion to pull you over and probable cause to arrest you for DUI. If law enforcement violated your rights—such as stopping you without cause or arresting you based on an improperly conducted test—you can challenge the charges in court.

Check out Our Oklahoma Criminal Defense Blog For Answers to Your Questions.

Tulsa Oklahoma DUI Attorneys In Your Corner

Understanding your rights during a Tulsa County DUI stop can make a significant difference in your case. Its important to understand that your actions and how you deal with the Police really help us build your case. In DUI cases there are several different outcomes we can get for you and those outcomes make a huge difference. If you are facing DUI charges, contact the Tulsa DUI attorneys at Kania Law Office by calling us at (918)–743-2233 or online.