The Oklahoma Supreme Court on Monday temporarily blocked [text] a new driving under the influence (DUI) law from taking effect as scheduled on Wednesday while the court rules on questions of its constitutionality.

The Impaired Driving Elimination Act 2 (IDEA2) [text, PDF] would change the police officer’s behavior during initial arrest as well as impose new penalty standards. Controversial parts of this law include plans to criminalize an individual’s refusal to take a breath or blood test and the incorporation of new procedures for reinstating licenses to offenders.

Questions of constitutionality have arisen from three DUI attorneys who filed a lawsuit [complaint, PDF] in June. They argue that the criminalization of breath or blood test refusal is a clear violation of Miranda rights. On the other hand, organizations such as Mothers Against Drunk Driving (MADD) and Governor’s Impaired Driving Prevention Advisory Council (GIDPAC) see it as a necessary step to combat the increase of drunk driving incidents.

In addition to the change in breath test law, there is also increase in rehabilitative programs. IDEA2 frames drunk driving similarly to drug offenses. In order to have their license reinstated, individuals must comply with criteria developed by the Department of Public Safety. If criteria is not met, their license will remain suspended.

Enforcement of the law will remain on hold until the court takes further action.