Reader’s Question:

A week ago, my boyfriend and I were on our way home when a patrol officer asked us to pull over because of a DUI suspicion. My boyfriend was the one on the wheels and he was asked some questions. I never know of someone who was charged for DUI here in Oklahoma. He didn’t know what to do either. He was charged for DUI that night. I don’t deny that I have drunk and drove sometimes. If in case in the future I get pulled over and asked some questions because of drunk driving, what would be the best thing for me to do?

Michelle

Tulsa, OK

When you are pulled over, the first thing that will happen is the police officer will ask you for your license and registration. In Oklahoma, it is required by law that you provide these documents when asked. Afterwards, the officer will likely begin to ask questions.

You don’t need to answer any questions. You have the right to remain silent if you think what you will say will be able to incriminate you. The officer could make you feel as though you have to answer questions. Remember that you have no legal reason to do so. You can politely refuse to answer the questions. Keep in mind that slurring can be used as evidence that you drank alcohol, so remaining silent is a good option. The officer may ask you to step out to perform field sobriety tests. These tests are used to give the police officer an idea of whether you are drunk or not. The Oklahoma DUI law doesn’t require you to perform these tests, so you can politely refuse.

There is one test that you can’t refuse, though. That would be the chemical blood alcohol content test. Your breath, urine or blood can be tested. You have already implied your consent to this test if you have an Oklahoma driver’s license. You will be charged for higher penalties for your DUI if you refuse to take it. The test can be performed at the scene using a breathalyzer or at the police station if you wish a urine or blood test performed.

If you know you are intoxicated, you may be tempted to refuse to take the chemical test. That is a bad idea in most cases. Your driver’s license will be automatically suspended. Remember that a positive test doesn’t necessarily mean that you would be convicted in the end of a DUI. Talk to a DUI lawyer first to find out what is the best course of action for your situation if you are considering refusing to take the test.