Oklahoma DUI Guide

Understanding DUIs and Your Rights

Hello, I’m Oklahoma City felony attorney Gunner Briscoe with Wirth Law Office. I primarily handle criminal cases. Let’s talk about DUIs.

A common question people ask is whether they should submit to the state’s test. The state’s test refers to the breathalyzer or blood test, used to determine your blood alcohol content (BAC) or breath alcohol content.

Refusing the state’s test results in an automatic suspension of your driver’s license, meaning you will not be able to drive. Until November 1, 2025, it’s generally in your best interest to take the state’s test.

The Stakes of Refusing the State’s Test

However, starting November 1, 2025, aggravated DUI becomes an automatic felony. One definition of aggravated DUI includes having a BAC of 0.15 or higher.

So let’s say it’s November 2, 2025. You’ve had a few drinks, you get pulled over, and you’re accused of drunk driving. Should you submit to the state’s test?

Well, it becomes a trade-off. If there’s no accident, you’re not eluding police, there’s no property damage, and you’re not driving recklessly—which are other ways aggravated DUI can be charged—then the BAC reading is the main way the state could charge you with a felony.

Evaluating Your Options

If you blow 0.15 or higher, that’s an automatic felony under the new law. So in my opinion, if you’ve had more than just a couple of drinks and are concerned your BAC might be too high, it may be better to accept the automatic license suspension for refusing the test, rather than risk a felony.

Unfortunately, you are not entitled to speak with an attorney at the time the officer offers the state’s test. You have to make that decision on your own.

It’s a tough judgment call—but refusing the test means a suspended license, and taking it could risk a felony if your BAC is too high.