Have you been arrested or cited for a DUI? Hire one of Eugene’s best DUI lawyers.
Numerous high profile cases have led Oregon to pass some of the toughest drunk driving laws in the country. Even for first-time offenders who are offered diversion (a program that can result in the dismissal of all charges), the consequences can be very serious, and repeat offenders can lose their driving privileges for life. Whether you have been charged with misdemeanor DUI, felony DUI, vehicular assault, or other related offense, it is important to hire an experienced defense lawyer who knows the ins and outs of the system. Ms. Sammons has been handling DUIs since 2004, lectures on the subject, and is widely regarded as one of Eugene’s top DUI practitioners.
Driving Under the Influence (AKA DUI or DWI) FAQ
What should I say to the police if I get pulled over for DUI?
I just got arrested for a DUI in Oregon. Is my license going to get suspended?
How do I get a diversion, and what are the requirements?
What will happen to my Oregon CDL (Commercial Driver Licenses) if I get a DUI?
I’m not eligible for diversion. Can I just plead to reckless driving?
#1 Type of Question I get at 3 am: Do I have to do field sobriety tests? Do I have to take a breath test?
In Oregon, field sobriety tests and breath (or blood) tests are handled very differently.
Field Sobriety Tests (the roadside tests)
These are the physical tests officers ask you to do on the side of the road — for example, walking heel-to-toe, standing on one leg, or following a pen with your eyes. You are not required to do them. There is no license suspension if you refuse. However, officers will usually warn you that your refusal can be used against you in court.
- Refusing the physical parts of the tests (like walking or balancing) can generally be used as evidence at trial.
- Refusing the verbal parts (such as counting or reciting the alphabet) is often protected and cannot be used against you.
Recent Oregon Supreme Court decisions, including State v. Ortiz (2024), continue to examine exactly how officers may testify about these tests at trial.
Breath, Blood, or Urine Tests
Once you are arrested for DUII (driving under the influence of intoxicants), Oregon law says you are deemed to have agreed to a chemical test. You can still refuse, but the consequences are serious:
- Your license will be suspended for 1 year on a first refusal, or 3 years if you have prior DUII convictions, diversions, or suspensions within the last 5 years.
- You will face an additional $650 fine.
- You will usually be ineligible for a hardship (limited) driving permit for at least 90 days.
- Police will often get a warrant for a blood draw right away.
Your refusal can also be used as evidence against you in the criminal case. However, the exact words the officer used when asking for the test matters. Under the Oregon Supreme Court’s decision in State v. Banks (2019) — and as applied in State v. Wilson (2024) — the refusal may not be admissible if the officer’s question was ambiguous (for example, asking if you “consent” rather than simply requesting you take the test).
If you have already refused a test
Time is critical. You have only 10 days from the date of arrest to request a DMV hearing to fight the license suspension. If you miss that deadline, the suspension usually takes effect automatically. This is one of the most important times to talk to an experienced Oregon DUII lawyer. The outcome of your DMV hearing can significantly affect your criminal case.
TRUST BUT VERIFY
- ORS 813.100 — Implied consent to chemical tests (breath, blood, or urine)
- ORS 813.095 — Penalty for refusal to take a test ($650 fine)
- ORS 813.130 — Rights and consequences that must be explained to you
- ORS 813.135 & 813.136 — Field sobriety tests (implied consent and admissibility of refusal)
- ORS 813.410 — DMV license suspension process and hearings
- ORS 813.420 & 813.430 — Length of license suspension (1 year or 3 years)
- You can also consult this comprehensive Suspension/Revocation Chart promulgated by the DMV.
- ORS 813.310 — Admissibility of refusal as evidence
Bottom line: These rules are complex and the outcome in your case often depends on the specific facts and exact words used by the officer. Always verify with an experienced Oregon DUII lawyer who can review your police report and advise you on the best next steps.