Refusal to Submit to a Test to Determine the Level of Intoxication
Authority:
47 O.S. Section 6-205.1
This administrative revocation* occurs following a DUI or APC arrest where the driver refuses to submit to the state’s test or tests. The potential length of revocation is the same as described for DUI above. Reinstatement requirements are also similar to a DUI Conviction. However, installation of an ignition interlock device is required as a condition of reinstatement for all refusals for the period of time listed under 47 O.S. Section 6-212.3. For a first revocation, if a driver refused to submit to the State’s test or tests, the interlock would be required for a period of one and one-half (1 ½) years; for a second revocation on their driving record, for a period of four (4) years; and for a third or subsequent revocation on their driving record, for a period of five (5) years.
*NOTE: DPS WILL NOT additionally revoke for a DUI/APC or Aggravated DUI conviction when the driving privileges of a driver have been revoked because of a test refusal or test result arising out of the same arrest that resulted in the conviction.
