DUI Lawyer Marc Gunn

Oregon Penalty for Refusing DUI Breath Test

Marc Gunn, 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  • After 30 days, the suspension is in effect and the temporary driving permit is no longer valid.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