Here's the truth: especially in Oklahoma, we strongly encourage you to never drink and drive. Not even one drink. Not only does Oklahoma have some of the strictest DUI/DWI laws in the country, but your blood alcohol concentration (BAC) is also less dependent on “how many drinks you have” and has more to do with your body weight. Furthermore, your response to alcohol and substances has to do with your tolerance levels, body weight, and genetic makeup.
What does that mean?
That means that a person with a BAC over the legal limit could possibly function as if they're sober, while a “one drink” person – maybe not over the legal BAC limit – could feel much stronger effects of alcohol.
Breathalyzer vs. Blood Tests
If you know that you're under the limit – and the only way to know that is to have had zero alcohol or substances – and you're accused of driving under the influence, a blood test is more reliable. However, you should be aware that a blood test can detect prescription drugs – sometimes these drugs can show up on the test as something far worse than they are. Any of this – prescription, non, a false reading – can be used against you in court.
A breathalyzer is less accurate, can detect alcohol only (no other substances), but can also detect energy drinks and mouthwash as alcohol and potentially raise the reading of a breathalyzer. Further, breathalyzers tend to be inaccurate. And sometimes, blood tests are, too.
So, what should you do if you're pulled over – or arrested? Can I refuse any sort of test?
Testing over the limit and refusing the test can give you the same result. Your license most likely will be confiscated, and you'll have 30 days to contact the Department of Public Safety before your license will be suspended.
As always, use your fifth amendment right to remain silent until you have an attorney present. Don't admit to anything without first speaking to a lawyer.
If you've been arrested for a DUI, call us for a free consultation with one of our criminal defense attorneys at 405-360-8036.