Blowing into the breath test can now elevate a DUI charge to a felony, which carries a mandatory minimum of 10 days in jail upon conviction.

In Oklahoma, a felony DUI was once reserved for extreme situations such as repeat offenses, serious injuries, or fatalities. The law has now changed significantly, and many citizens could face felony charges for a first-time DUI simply because they chose to take the breath test instead of declining it.

That is why The Edge Law Firm and The Hunsucker Legal Group have launched the public service campaign “Just Don’t Blow” to make sure Oklahomans know their rights and how to protect themselves.

“Just Don’t Blow” means exactly what it sounds like: do not blow into any roadside or state-administered breath test. Do not participate in any tests requested by the police, including field sobriety tests. Agreeing to these tests can give the state the evidence it needs to charge you with a felony DUI. The risk is not worth it. Protect your rights, stay calm, and immediately ask to speak with an attorney.

Why You Shouldn’t Provide Any Evidence

If you suspect you may be over the limit, don’t hand law enforcement the evidence they need to convict you and leave you with a permanent criminal record. In Oklahoma, refusing a breath or blood test may result in a temporary license suspension and even a night in jail. But it also prevents the state from gaining easy evidence that could turn a questionable traffic stop into a permanent felony on your record.

If the police and prosecution don’t have evidence, it becomes your word against theirs in court with your attorney. The less evidence they have, the harder it is to convict you of a felony DUI, so take no tests.
No breath test. No blood tests. No field sobriety tests. Stay polite and calm, but give them nothing.

Oklahoma’s DUI Law Is Changing

Starting November 1, 2025, Oklahoma will lower the bar for a DUI to become a felony.

The New Felony Triggers Are As Follows:

Any one of the following can push a case to felony, even with no prior DUIs:

• BAC of 0.15 or higher.
• Crash with injury, death, or $500+ in property damage.
• Driving on the wrong side of the road.
• Unsafe passing in the opposite direction.
• Crossing the center line.
• Failure to maintain lane or signal.
• Violating divided-highway rules.
• Attempting to flee from police.
• Speeding 20+ over, or 10+ over in a school zone.
• Passenger under 18.
• Reckless driving.
  

  

You Can’t Talk Your Way Out of a DUI Arrest

A common misconception is that you can talk your way out of a DUI arrest or that blowing into a breath test below the limit will allow you to go free. The reality is very different. If an officer detects even the slightest odor of alcohol, you will be arrested for DUI and taken to jail. That decision is virtually automatic, and no amount of explanation or persuasion will change it. The best approach is to accept the process, refuse the tests, get through it, and be ready to challenge your case once you are out.

Without a breath test, blood test, or field sobriety tests, the state is left relying solely on one officer’s personal judgment. That kind of subjective evidence is much weaker and far easier to challenge in court, which increases your chances of having the charge reduced, dismissed, or even winning an acquittal.

How to Fight a License Suspension After Refusing a Breath or Blood Test

If you refused a breath or blood test in Oklahoma, your license is at risk of being automatically suspended. But that does not mean you are out of options. You have the legal right to fight back through an Administrative License Suspension (ALS) hearing, and the clock is already ticking.

You only have 30 days to request this hearing. If you act quickly and contact an attorney, you can often stop the suspension before it ever takes effect. The ALS hearing is your opportunity to show that the officer did not have legal grounds to stop or arrest you. If you succeed, your license can be reinstated and the suspension lifted entirely.

This is a move worth making, especially since many people win these hearings simply because they choose to stand up for themselves and take action.

How to Turn Low Evidence Into a High Chance of Winning

In Oklahoma courtrooms, volume doesn’t win cases. Preparation does.

You need to treat your case like it is going to trial. Lock down the evidence before it disappears. Track down the witnesses the state ignored. Review every second of bodycam, dashcam, and surveillance footage. Break down the police reports. Challenge every claim. Dismantle every assumption.

If the police are low on evidence, that works in your favor. Every gap, every error, every weak point becomes your opportunity to win.

Do not accept a felony DUI conviction without a fight. Do not become a victim of the system. Challenge it. Protect your rights. Refuse the tests, and Just Don’t Blow!

If you have questions about this law or would like to schedule a free case evaluation, please submit your contact information below.

Sincerely,
Bruce & John

 

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