Can You Refuse a Breathalyzer Test in Oregon?
Being pulled over by the police is a stressful experience, especially if you’re suspected of driving under the influence of intoxicants (DUI). One of the first things the officer will likely ask you to do is take a breathalyzer test. But what are your rights? Can you refuse a breathalyzer test in Oregon?
Understanding the Basics
In Oregon, like many other states, you do have the right to refuse a breathalyzer test. However, exercising this right can have consequences. Refusing the test may subject you to penalties that are sometimes even more severe than those for a DUI conviction.
When you obtain a driver’s license in Oregon, you give implied consent to alcohol and drug tests if stopped by law enforcement. Refusing this test can result in:
- Suspension of your driver’s license for a minimum of 12 months.
- A fine, which can vary depending on prior offenses and other factors.
- This refusal may also be used against you in court as evidence of impairment.
Many drivers are unaware of these consequences. They often act in the heat of the moment without a full understanding of the ramifications. The officer may still obtain a warrant to have your blood drawn if you refuse the breathalyzer test. But even if you pass the blood test, the fact that you refused the breathalyzer test can still be used against you in court.
So, what should you do if you are pulled over and asked to take a breathalyzer test? The best thing to do is to speak with an experienced criminal defense attorney. An attorney can advise you of your rights and help you make the best decision for your case.
Refusing a breath test can result in a license suspension. If this happened to you, it is possible that your attorney could schedule an administrative hearing to try and stop the license suspension. Because that right to a contested hearing must be requested quickly, it is even more important to contact an experienced defense attorney in Salem, Oregon, right away.
Legal Support When Refusing a Test
The labyrinth of traffic laws in Oregon can be daunting. While you have the right to refuse a breathalyzer test, understanding the consequences of that decision is paramount. Should you find yourself facing traffic offenses, seeking prompt legal advice is essential.
Southwell Law, LLC, one of the renowned criminal defense attorney firms in Salem, offers tailored guidance and support. Don’t let a single traffic citation spiral into a more significant issue. Whether it’s a traffic offense or a more complex legal matter, always seek out the services of competent lawyers in Salem, Oregon. Remember, your rights and driving privileges are on the line. Act wisely and promptly.
Facing traffic violations or have questions about your rights in Oregon? Reach out to Southwell Law, LLC for a free consultation today. Your peace of mind is just a call away.