This blog gives general guidance and in each circumstance you have to make your own decision or call an attorney for advice at the time of being asked to take a breath test. This commentary does not cover Commercial Drivers Licenses (CDL).
Having given you the caution that this does not cover every possible circumstance, it is my hope this blog post will help give advice thatis helpful. At the time you are being arrested for DUII, you are probably not as clear minded as you would otherwise be, so this guide, if read with a clear mind, may assist you when it is not so clear.
The general rule: BLOW.
Otherwise you will be cited under a different statute (ORS 813.100) for failure to take a breath test and your license will be suspended for a minimum of ONE year. It could be up to three years if the circumstances of your driving meet the criteria for an enhanced penalty. The grounds for increasing the suspension to three years include:
(1) You are currently in a DUII diversion program in Oregon or similar program elsewhere;
(2) Within the last five years you had your license suspended under ORS 814.410 or 482.540;
(3) Within the last five years you have been convicted of a DUII in Oregon or elsewhere; including a driving offense in another jurisdiction while having a blood alcohol content above that jurisdition’s permissible blood alcohol content.
Remember, the general rule is to blow.
Here are some for reasons:
If you blow less than .08 your license will NOT be suspended;
If you blow .08 or above your license will be suspended for 90 days, but you can get a hardship permit after 30 days.
Do not blow if:
You have enhancement factors as listed above.
Blowing into the testing machine provides additional information to the police, but if you have enhancement factors and you blow, you are making their job easier, but you are not creating any benefit for yourself. In essence, if you have had a DUII or DUII program or diversion with in the last five years, you are probably better off not blowing.
Information on this web site is of a general nature and is not intended to be legal advice. Use of this web site does not create an attorney-client relationship with Howard W. Collins.