You were driving when the police pulled you over. The officer explains that he’d like you to take a field-sobriety test, because your vehicle was weaving in the lane. You know you haven’t been drinking.
What should you do? Do you have to take the test? Here are a few things to think about.
1. You could be arrested if you refuse the field-sobriety tests
Getting charged with a DUI can change your life in a matter of minutes. One moment, you’re headed home from work or a social gathering and the next, you’re on your way to spend the night in jail. The whole experience can be traumatic, especially if you weren’t breaking the law. There are a number of reasons why people could be falsely arrested with driving under the influence of intoxicants (DUII) in Oregon. Untreated diabetes or other medical conditions could result in a failed field sobriety test and breath test. Mistakes or uncalibrated breath tests could also cause serious legal issues for someone.
You are still required under law to submit to a breath test if you are driving. Failing the test results in arrest. Oregon sets the legal limit for blood alcohol content (BAC) at 0.08 percent. Anyone whose test shows a BAC of 0.08 percent or higher will face criminal DUII charges. Even if your driving ability wasn’t impaired and you got stopped for an unrelated reason, you could still get convicted of a DUII offense. The higher your BAC level when tested, the higher the potential penalties for your offense. Having children in the car could also result in increased penalties or additional criminal charges.
Penalties include jail, fines and loss of your license
When you get sick or are hurt, do you ever think twice about going to the doctor? Does it have anything to do with how costly the bill could be?
If so, you are not alone. The rising cost of medical care has made it no longer feel like a no-brainer to seek care. For many people, being unsure is reason enough to wait out a cold or other ailment just a little longer.
When you are injured in a car accident, however, seeking medical attention is one of the most important things you can do for yourself. Of course, this is true if you are seriously injured – your health should always be a priority. It is also true if you decide to file a personal injury claim after the fact. Having a strong record of medical visits can help bolster your case. But who is going to pay for it?
Imagine that you are driving home after a night out watching the game with friends. Your night suddenly goes from great to worrisome when you see the lights of a police car in your rearview mirror. You pull over to the shoulder and wonder if maybe you had one too many drinks. If the officer asks you to take a breath test, will you agree?
Many people in Oregon have found themselves in this situation. Is it better to take a breath test and fail, or refuse to take the test altogether?
Implied consent in Oregon
Central Oregon Legal Blog