DUII Arrest
If you’ve been pulled over on suspicion of driving under the influence of intoxicants (DUII), Call Gunn and Gunn Today
What to Do when Arrested for DUII
f you’ve been pulled over on suspicion of driving under the influence of intoxicants (DUII), you may be wondering what to expect during a DUII investigation. In Oregon, law enforcement officers are trained in the National Highway Traffic Safety Administration’s (NHTSA) Standardized Field Sobriety Test (SFST) procedures, which outline the stages of a DUII investigation and informs the officer what should be present to make a “good” DUII arrest. In this article, we’ll explore the different stages of a standard DUII investigation according to NHTSA law enforcement training and how that can result in a DUII Arrest.
Vehicle in Motion
The first stage of a DUII investigation is the observation of the vehicle in motion. Law enforcement officers are trained to look for certain signs of impaired driving, such as weaving, swerving, or drifting across lanes. They may also look for other indicators of impaired driving, such as driving too slowly or too fast, making abrupt or illegal turns, or driving with headlights off at night.
Personal Contact
If a law enforcement officer observes signs of impaired driving, they may initiate a traffic stop and make personal contact with the driver. During this stage of the investigation, the officer will observe the driver’s behavior and appearance, looking for signs of intoxication such as slurred speech, bloodshot eyes, or the smell of alcohol on the driver’s breath.
While NHTSA discusses the use of an on-scene breathalyzer as part of the investigation, and some states allow for an on-scene breath test, Oregon law generally does not allow officers to use handheld breathalyzers.
Standardized Field Sobriety Tests
If the officer has probable cause to suspect that the driver is under the influence of intoxicants, they may administer standardized field sobriety tests (SFSTs). SFSTs are a battery of three tests that are designed to assess the driver’s physical and cognitive abilities. These tests include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test.
During the SFSTs, the officer will look for certain indicators of impairment, such as the inability to maintain balance during the Walk and Turn test and One Leg Stand test, the inability to follow instructions, or the presence of nystagmus (involuntary jerking of the eyes) during the HGN test. If an officer suspects cannabis impairment, they will often test the driver’s perceived passage of time by asking the driver to estimate the passage of 30 seconds and comparing the driver’s guess to an actual 30 second timer.
Arrest
If the officer has probable cause to believe that the driver is under the influence of intoxicants, they may place the driver under arrest. At this point, the driver will be transported to a law enforcement facility for further testing or processing.
Under current Oregon law, if a driver asserts their right to silence or to an attorney while under arrest for DUII, the officers cannot request that the driver perform additional field sobriety tests, cannot request that you complete a breath test, and cannot request consent to perform a blood draw. At that point, the officer must seek a warrant to obtain a breath, blood, or urine sample.
Chemical Tests
If the officer has probable cause to believe that the driver is under the influence of intoxicants, they may arrest the driver and request that they submit to a chemical test, including a breath test or urine test. In Oregon, the only breathalyzer machine used by law enforcement is the Intoxilyzer 8000.
In Oregon, drivers are required to submit to a chemical test if they are arrested for a DUII offense. Refusal to submit to a chemical test can result in the suspension of the driver’s license for increased periods of time (see our discussion of driver’s license suspensions here).
The results of the chemical test will be used as evidence in the DUII case. If the driver’s BAC is above the legal limit of 0.08%, they may face DUII charges.
Conclusion
If you’ve been pulled over on suspicion of DUII in Oregon, the law enforcement officer will follow the NHTSA Standardized Field Sobriety Test procedures to investigate your impairment. If an officer fails to follow these procedures, that may provide a way to challenge the officer’s arrest decision. If you have been arrested for DUII, contact our office to learn how we can help you.
In Oregon, drivers are required to submit to a chemical test if they are arrested for a DUII offense. Refusal to submit to a chemical test can result in the suspension of the driver’s license for increased periods of time (see our discussion of driver’s license suspensions here).
The results of the chemical test will be used as evidence in the DUII case. If the driver’s BAC is above the legal limit of 0.08%, they may face DUII charges.
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We can answer questions such as “how long is your license suspended for dui?”, “how do I to avoid license suspension after a dui?”, “is my license suspended immediately after a dui?”. You can also find many DUI questions and answers on this website. Important: If you are stopped for any reason and are concerned about a possible DUI charge, you can immediately ask for a lawyer. If you are arrested, you do not have an obligation to talk to the police and, in fact, most people convict themselves when they do talk to the police. – “Touch to call” – 503-362-6528