Under Arrest for DUII FAQ
IF YOU ARE CURRENTLY UNDER ARREST AND WANT TO SPEAK TO AN ATTORNEY NOW, CALL (503) 362-6528 and PRESS “5” FOR OUR AFTER-HOURS EMERGENCY LINE.
What to Do when Pulled Over for DUII
SPECIAL NOTE ABOUT ASKING FOR AN ATTORNEY: If you invoke the Fifth by asking for a lawyer, the officer will likely stop the breath test and will immediately prepare a warrant to either get a breath sample from you or get a blood sample. Officers do this because of a court decision of the Oregon Court of Appeals in 2021. This means you may be waiting longer before being released from custody, and your charge of DUII may be delayed by the prosecutor until the blood results are returned from the crime lab. Because the crime lab takes months to process the blood sample and provide the results to law enforcement, you may not be charged with a DUII by the time you go to court on your citation.
Should I Take The Breath Test?
Short answer: Probably. If this is your first or second DUII, you should take the breath test. If this is your third or later DUII, refuse the breath test.
Under Oregon implied consent law, drivers are expected to give a breath sample if requested to do so by law enforcement. If you refuse the breath test, your driver’s license will be suspended for a longer period than if you only failed the test. Further, the officer will likely get a warrant for a blood draw to test a blood sample. You may need to wait for hours while the officer gets a telephonic search warrant to test your blood, and the officer will transport you to the hospital to do that blood draw.
If you have multiple prior DUIIs, the driver’s license suspension is less concerning. In Oregon, a third or more DUII in a 10-year period is a felony, and you will serve a minimum of 90 days jail, or even prison time, depending on the number of prior DUII convictions.
To learn more about the possible penalties for DUII, click here.
Should I give a urine sample?
Short answer: Probably. If this is your first or second DUII, you should give the urine sample. If this is your third or later DUII, refuse the urine sample.
Like a breath test, Oregon implied consent law requires you to give a urine sample if requested. If you refuse the breath and a urine test, your driver’s license will be suspended for a longer period than if you only failed the test, or if you only refused the breath test. Further, the officer will likely get a warrant for a blood draw to test a blood sample. You may need to wait for hours while the officer gets a telephonic search warrant to test your blood, and the officer will transport you to the hospital to do that blood draw.
If you have multiple prior DUIIs, the driver’s license suspension is less concerning. In Oregon, a third or more DUII in a 10-year period is a felony, and you will serve a minimum of 90 days jail, or even prison time, depending on the number of prior DUII convictions.
To learn more about the possible penalties for DUII, click or tap here.
Should I give a blood sample?
Short Answer: Does the officer have a warrant? If yes, cooperate with the warrant—now is not the time to fight it. If no, say, “I do not consent to a blood draw, but I will physically cooperate if you have a warrant.”
Typically, an officer cannot take a blood sample unless you consent to the blood draw, he has a warrant to get a blood draw, or there are clear exigent circumstances that allow him to obtain a blood sample without a warrant. While it may take more time to test your blood, that does not mean the prosecutor won’t ever charge you with DUII.
To learn more about the possible penalties for DUII, click or tap here.
Should I do a DRE evaluation?
Short Answer: NO. We do not recommend that anyone arrested for DUII participate in a DRE evaluation. There is no implied consent law that requires you to participate, and the primary consideration in a DRE evaluation is your statements to police. Once you have admitted to drinking alcohol, using cannabis at any time, or using a prescription drug at any time, the DRE is going to rely on your statement throughout the rest of the evaluation.
To learn more about the possible penalties for DUII, click or tap here.
What will happen to my license if I fail a breath test?
Your license will be suspended for 90 days if this is your first DUII, for 1 year if this is your second DUII, and 3 years if this is your third or more DUII.
If you have multiple prior DUIIs, the driver’s license suspension is less concerning than the penalty if you are convicted. In Oregon, a third or more DUII in a 10-year period is a felony, and you will serve a minimum of 90 days jail, or even prison time, depending on the number of prior DUII convictions.
To learn more about driver’s license suspension after a DUII arrest, click or tap here.
What will happen to my license if I refuse a breath test/urine test?
If you refuse a breath test and this is your first DUII arrest, your license will be suspended for 1 year. If you refuse a breath test and this is your second or more DUII arrest, it will be suspended for 3 years. If you refuse both a breath test and a urine test, your license will be suspended for 2 years for a first DUII arrest, and for 6 years for a second or more DUII arrest.
If you have multiple prior DUIIs, the driver’s license suspension is less concerning. In Oregon, a third or more DUII in a 10-year period is a felony, and you will serve a minimum of 90 days jail, or even prison time, depending on the number of prior DUII convictions.
To learn more about driver’s license suspension after a DUII arrest, click or tap here.
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.
Contact Us Now
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