Refusing the breath test in Oregon: the trade-offs
Implied consent, license consequences, and where good counsel changes outcomes.
Oregon's implied-consent law says that by driving on a public road you've agreed to take a breath test if lawfully arrested for DUII. Refusing has consequences, but those consequences are not always worse than taking the test.
What refusal triggers
Refusal triggers an automatic license suspension that's longer than the suspension following a failed test. It also creates evidence the State can use at trial.
When refusal can still be the right call
In some cases (high readings expected, prior DUIIs, or a CDL) the difference between a refusal suspension and a failed-test conviction is meaningful. The right answer depends on your specific facts.
The deadline you cannot miss
After arrest you have a tight window to request an implied-consent hearing. Miss it and the suspension is automatic. Talk to a lawyer before that window closes.
From Abraham Hanson LawPublished