TULSA, Okla. (AP) - A Tulsa attorney specializing in drunken-driving cases is criticizing legislation that would criminalize refusing to take a breath test to determine if someone is intoxicated.
Attorney Bruce Edge said that would allow drivers to be criminally charged if they want to seek legal advice before submitting to the test, the Tulsa World (https://bit.ly/2lEoyCk ) reported.
Under the bill, refusing to take a breath test if requested by law enforcement would be a misdemeanor punishable by a fine of up to $1,000 and 10 days in jail.
“What if you said, ’Well, I want to talk to an attorney,’” Edge said Tuesday. “That will be put down as a refusal and you will have a separate criminal charge.”
Currently, refusing to take a breath test only causes an automatic revocation of a driver’s license, absent a search warrant or instances of causing death or serious physical injury.
The bill from Republican Sen. Kim David has been approved by a Senate committee. David said her staff is rewriting portions of the bill that have drawn concerns.
“Some of the language that was in there would not have stood up to judicial scrutiny,” David said. “I think the bill will be much better before it is run on the floor of the Senate.”
David said the bill aims to make sure first-time offenders “aren’t basically financially ruined for the rest of their lives,” while focusing resources on those with serious substance abuse issues.
“We’re trying to change behavior positively and save lives while we do it,” David said.
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Information from: Tulsa World, https://www.tulsaworld.com
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