Understanding the Consequences of Refusing Testing While Flying
Hello, I’m Oklahoma City DUI Attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area. Previously, I discussed how under Oklahoma law there is implied consent to have your blood, breath, or urine tested whenever you have been arrested by an officer of the state for operating a vehicle, specifically an aircraft, while under the influence of drugs or alcohol.
So, in the event that you were conscious during this arrest and you deny and refuse to have your blood, breath, or urine tested, there are a few things that are going to happen. First, you’re going to be reported to the Federal Aviation Administration Flight Standards District Officer in the county where you allegedly flew an aircraft while under the influence.
Secondly, the officer is going to determine whether or not your alleged flying of the aircraft while under the influence caused someone’s death or serious physical injury. In the event that you allegedly caused the death or serious physical injury of another person while under the influence of drugs or alcohol while flying an aircraft, it is going to be the same as if a warrant was issued for your blood, breath, or urine, and they are going to be able to take that.
The Legality of Refusal: What to Expect
In that situation, you are unlikely to be able to raise an objection to your blood, breath, or urine having been taken or being taken, so keep that in mind. As I tell all my clients, it is just not a good idea to be under the influence of anything while operating any type of vehicle, whether or not it flies or is just driven.
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.
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