Implied Consent Law
The state of Oregon has an “implied consent” law, which states that if you are operating a vehicle on a highway or any public road, there is automatic consent to a breathalyzer, blood, or urine test. The officer first must have reasonable grounds to pull you over, this can include:
- Traffic Violations: An officer may first pull you over for failing to stop at a Stop sign. During that initial stop, if the officer notices signs of intoxication, they can ask for a breathalyzer or field test.
- Traffic Accidents: When police are called for a traffic accident, they may be looking for signs of intoxication.
- Bad Driving: If you’re pulled over for swaying between lanes, this is also a reason to ask for a breathalyzer test.
- Observations: Whatever the reason for pulling a driver over, if the officer notices slurred speech or bloodshot eyes, they may ask to perform a breathalyzer.
Refusing a Test
Anyone is able to refuse to take a chemical test, but the refusal can be used as evidence against the driver. A prosecutor may argue that the driver refused to take a test because they knew they would fail. If you are able, contact a DUII attorney before submitting to a test. There is no need to provide information about where you were or where you are going and you do not need to give consent for the officer to search your car.
If you refuse to take a chemical test, your license will be suspended for at least one year, you may have to pay a fine, and may even be jailed. The officer will give you a 30-day temporary driving permit. In many cases, the penalties for failing a breathalyzer are less severe than refusing the test.
After refusing a test, you can request a DMV hearing, which needs to be done within 10 days of the DUII charge. A DMV hearing will determine if the suspension of your license was valid.
DUII consent laws are complex and can vary greatly depending on the situation. It is best to contact a DUII attorney as quickly as possible. In these cases, always treat the officer with respect and avoid being forceful. If you have any questions about implied consent laws or what to do when you are pulled over for a DUII, contact the team at Donahue Law Firm. We have the experience and knowledge to guide you throughout the process.