Understanding Flying Under The Influence and Implied Consent
Hello, I’m Oklahoma City DUI attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area. Today we are going to be discussing DUI, but with a little bit of a twist on it. Instead of driving under the influence, we are actually talking about flying under the influence, so FUI, if you will.
In Oklahoma, we have a law in Title III, Section 302 and Section 303 that gives the authority to an arresting officer, under implied consent, to test your breath, urine, or blood if you have been arrested under a reasonable belief that you have been operating an aircraft while under the influence. That could be under the influence of alcohol or drugs—it does not matter.
The Testing Process for Flight Under the Influence
If the arresting officer does not designate which method he is going to test, whether it is blood, urine, or breath, it is going to default to testing your breath initially. If they are unable to test you at that time because of lack of a device or training, they will designate a different test method or location to test you properly. If you are so injured to the point that they cannot take your blood at that time, they are also going to find an alternative to test you for whatever you may be suspected of being under the influence of.
Again, this is implied consent whenever you operate an aircraft in the state of Oklahoma. So if you are arrested under suspicion of using some type of drug or alcohol and being under the influence, they are going to be able to test you, whether it is your breath, blood, or urine.
Conclusion and Next Steps
If you found this video to be helpful or you believe it could help someone else, please go to TheOklahomaCityAttorney.com. My name is Dillan Savage, and thank you for watching.
Get Your Low-Cost Consultation Today!
If you have questions about FUI or DUI laws in Oklahoma, don’t hesitate to reach out for assistance. Call us at 405-888-5400 for a low-cost consultation!
