In the event that you should be arrested on suspicion of driving under the influence (DUI), you will be taken to the police station and asked to submit to a breath, blood, or urine test to measure the amount of alcohol or drugs in your system. Under Oregon’s “implied consent” law, by driving a vehicle on public roads, you have already consented to any chemical test that an officer should request in the event of your lawful arrest. This test must be taken as soon as possible from the time in which you were last driving, and it is up to the officer to determine which test you will take. But what happens if you refuse?
Refusing to submit to a chemical test will bring the following penalties:
- First refusal: Up to $1,000 in fines and a 1-year driver’s license suspension
- Second or subsequent refusal: Up to $1,000 in fines and a 3-year driver’s license suspension
Immediately upon refusal, the officer will confiscate your driver’s license and issue you a 30-day temporary driving permit. The officer should also inform you that you have a right to contest your suspension at a DMV administrative license suspension hearing. You must request this hearing within 10 days of refusing a chemical test. An attorney can help you prepare for this hearing and, in some cases, attend on your behalf and fight to protect your driving privileges.
If your suspension is upheld following this hearing or if you fail to schedule a hearing in time, you may be able to apply for a hardship license after you have served 90 days of your suspension and if you do not have any DUI convictions within the past five years. It is important to note that hardship licenses are not guaranteed and are issued by the DMV on a case-by-case basis.
Should I refuse or submit to a chemical test?
It is rarely a good idea to refuse a test, as a test refusal is oftentimes used by the prosecution as evidence of guilt. Depriving the prosecution of measurable evidence of your intoxication will not guarantee you victory in court, as the state merely needs to prove that you were intoxicated to a point where it was unsafe for you to operate a motor vehicle. Instead, it is best to submit to a test and contact an attorney.
Contact a powerful DUI Lawyer in Lincoln City
A DUI conviction can have a massive impact on your personal and professional livelihood and follow you around for the rest of your life. If you are facing DUI charges, a skilled Lincoln City criminal defense attorney from Andrews, Ersoff & Zantello can use their vast legal knowledge to protect both your freedom and driving privileges. Backed by decades of experience, your case is sure to be in excellent hands.