Oregon Penalty for Refusing DUI Breath Test
Gig Wyatt, DUI Attorney Salem
Blood Alcohol Concentration - BAC-Test
In Oregon, you are presumed to be under the influence if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired.
What is Implied Consent?
If you drive a vehicle on a highway or premises open to the public, you have given your "implied consent" to submit to a chemical breath test for the purpose of determining your BAC.
What are Some Possible Consequences of Refusal to Submit to a Breath Test or Blood Test (Chemical test) After Being Arrested?
Refusal to take a test is admissible as evidence in court.
Drivers over 21 years old will fail the test if their blood alcohol reading is 0.08 percent or more.
Drivers under 21 will fail the test if they have any amount of alcohol in their blood.
An implied consent suspension is separate from a suspension from a DUII conviction.
If you have a valid Oregon Driver License the officer will take it and issue a 30-day temporary driving permit.
After 30 days, the suspension is in effect and the temporary driving permit is no longer valid.
from State of Oregon-ODOT-DMV