When a police officer stops you because they suspect you have been drinking, they will ask you (besides the breathalyzer test) to do a field sobriety test. The question is should you decline it? In the state of Oregon, you can refuse to do this test, but keep in mind that if you refuse, it may be used against you in certain circumstances.
If you face such a situation, make sure you call an attorney before you agree to any testing, or answering questions. Remember, anything you do or say will be used against you in court.
Should I Refuse a Field Sobriety Tests?
The simple answer is yes, in most cases, you can refuse to do it. In most circumstances, when a police officer requests field sobriety tests mean that they have already made their mind up. You’re facing a DUI arrest, so the only reason they’re asking you to do this test is to gather more incriminating evidence of DUI crime against you. The Field Sobriety Tests are quite difficult so if you were drinking before, it would be a challenge to perform it without error. If you do anything incorrectly or unsuccessfully, that will be used against you to suggest you were drunk.
Can I Refuse a Breathalyzer Test?
You have the right to refuse to take a breathalyzer test as well. But, there is a debate about whether or not you should do that. If it’s possible, call your attorney or a DUI attorney once you got arrested. If you cannot call an attorney, the best thing you can do is take the breathalyzer test. If you were not charged with a DUI in the past, then as a first-time offender you will face milder penalties. So, taking a BAC would show the amount of alcohol in your blood and if it is below the legal limit, you will be fine. Even if it is above the legal limit, it won’t be so scary for a first-time DUI offender.
In case you have previous DUI charges, it won’t be a bad idea to refuse a breathalyzer test. This way you’ll limit the government’s evidence against you.
You Refused a Breathalyzer Test, Now What?
Once you refuse a breathalyzer test, you can get a ticket for refusing this test. You may pay a fine of $650. When you get to trial, the fact that you refused the breathalyzer test will be mentioned. The police officer may apply for a warrant to have blood drawn from you with a needle.
If you refuse to take a breathalyzer test, you will face a driver’s license suspension. This depends on your driving history and whether or not you have any prior DUI charges. In most cases, if you refuse to do the breath test, your driver’s license will be suspended for one year. You’ll also wait longer for a hardship permit if you refuse the breath test.
DUI cases in Oregon are very fact-dependent. If you’re accused of DUI in Oregon you should provide your license, registration, and proof of insurance. The best is if you remain silent. Although it may seem odd, make sure you don’t say too many things, explain yourself, or argue with the officer. This way, words you say won’t be used against you.
Avoid answering questions about where were you, where you’re going or if you have been drinking.
You have the right to refuse a search of your car, person, purse, or bag. Use your right to decline the Field Sobriety Test and don’t explain why you refuse it.
If the officer asks you to do the breathalyzer test, call your attorney. If you cannot reach your lawyer, you can still refuse the breath test.
Make sure you stay calm and don’t threaten, argue, or physically attack the officer. The fact that you’re getting arrested should not scare you. Collaborate, but don’t say too much information.
If you were recently arrested for DUI in Oregon (no matter if this was your first DUI or not) make sure you contact a skilled DUI attorney who has experience in this area.
Our team at Trilogy Law is here to assist you. We’ll answer every question you have and stand by your side. We’ll collect evidence, and give our best to work for you to get out of this with the lesser penalty possible.
Contact our office today and schedule your first free case review.