Oregon Implied Consent Laws

As with many other states, Oregon has Implied Consent Laws which each of us agree to as a condition of our privilege to have a driver's license. They include consenting to provide a breath sample, blood sample or urine sample to an officer upon request if they have reason to believe you have been operating a motorized vehicle while impaired.

Your decision to provide that sample is very important and should not be taken lightly. It may be the difference between providing the state with additional evidence of actual intoxication or showing your lack of impairment. If possible, speak to a qualified attorney prior to providing a breath sample to determine whether it will help or hurt your case.

It's important to realize that if you choose not to blow the consequences for refusing to blow will be greater. In many instances, instead of a 90 day license suspension of your license for blowing over 0.08%, your license may be suspended for one year. Hence, speaking to a lawyer about those consequences in order to make an informed decision is important!

Also keep in mind that the license suspension associated with your breath sample of over 0.08% is an administrative sanction imposed by the Department of Motor Vehicle (DMV). It is not related to your citation for DUII and your upcoming court appearances. One of the greatest benefits of obtaining an attorney immediately after being charged with DUII is the opportunity to request a DMV hearing. DO NOT MISS THIS OPPORTUNITY!! You must request the hearing within 10 days of your arrest or it is waived.

Our criminal defense attorneys will use the DMV hearing as not only a means of contesting the administrative suspension of your driver's license but also as a tool for preparing your criminal case for trial. Keep in mind that DMV hearings are a recorded proceeding in which the officers and witnesses involved in your arrest testify under oath. Their testimony may later be used to impeach them at trial or support your version of the facts.

If you take nothing else from this information, remember to attempt to obtain a qualified attorney's advice prior to providing a breath sample and obtain legal representation within 10 days of your arrest in order to preserve your right to a DMV hearing.