You get into an accident and prior to the crash you’ve been drinking. Naturally, the police will arrive, and at the scene, they will be looking to see if someone else was at fault, and what led to the crash. police protocol is a many-layered thing.
The office would speak to the involved people in the accident and would try to see if there is anything unusual in keeping with regular police protocol.
If you’ve been drinking, the officer will try to notice any unusual odor that may indicate that you’re under the influence. Also, your eyes may seem bloodshot, your pupils may be dilated, you may appear sleepy or groggy (other signs that would indicate that you are not sober). Your speech would also give you away; it may be slurred and hard to understand. Also, you might not be able to stand straight or walk.
These are some of the most typical signs of an intoxicated or drugged person.
Although you might not be able to hide the fact that you’ve been drinking or took drugs, you can refuse to take the field sobriety test or the breathalyzer test, you certainly can’t expect to be let go. They have to obey proper police protocol at the scene.
If the officer suspects that you’re intoxicated they will arrest you. This is when you need to contact an Oregon DUI attorney ASAP.
Do Officers Do Roadside Tests Or You Get Arrested?
In case the officer detected signs of alcohol or drug abuse, they would try to conduct a field sobriety test. You aren’t obligated to do this and you can deny it. Also, the officer may ask you to perform the breathalyzer test. You can deny this one as well, but you can expect to be arrested immediately. However, once you’re taken at the police station, you will have to undergo a blood sample test. A breathalyzer test may show alcohol presence even if you had certain foods, which may put you in the risk of DUI driving, even if you weren’t drinking at all). However, if you decide not to take the breathalyzer test you can expect to face penalties such as driver’s license suspension.
Having a blood sample test is mandatory. It’s in fact the most precise test. There isn’t a law that specifically requires that you must do the chemical test, it’s going to be mandatory if you injured or killed someone in the accident.
Usually, people take the breathalyzer test. In most cases, you won’t need the chemical test, but if the accident is severe, or the officer suspects that you are heavily intoxicated, the officer would ask you to take this test.
Penalties For Refusing the Test
Besides risking to get your driver’s license suspended (which can be a huge downfall and can affect your life, job and education), you will face a much higher penalty than the one you’ll get if you take the test.
In most cases, you probably shouldn’t refuse the test, unless you already have DUI points on your record, or can’t afford to be prevented from driving.
And while technically you have the right to refuse the test and contact an attorney, it’s better if you take the breathalyzer test.
If you decide to refuse to take the field sobriety test, your attorney can later argue that this test isn’t a strong indicator that you were under the influence. Some people have a problem with their balance because of health issues, not because they were drinking.
When to Hire an Attorney
Driving under the influence of alcohol or drugs is a dangerous and irresponsible act that could put your life and the lives of others at risk.
If you were drinking (no matter how much) before you sat in your car to drive and got pulled over by an officer, or were involved in an accident (no matter who caused it) you should immediately seek legal assistance.
Facing financial penalties, driver’s license suspension, installment of an ignition interlock device, or even jail are a few of the things you’ll face. In the long run, DUI can severely affect your chances of getting a good job, enrolling at the college you want, or can put you at risk of losing your current job. Having your license suspended would affect your transport to work. Keep in mind that you will have to attend DUI programs which may often be scheduled during your working hours.
If you’re looking for an Oregon DUI attorney to help you with your case, our team is here for you. Get your free case review; contact our office today.
