Resources

No.  You have the right to remain silent.  You do not have to answer any questions.  This is an important right to exercise because anything you do say could be used against you in court.

Yes. Anyone under arrest is entitled to have an attorney present for any custodial interrogation (questioning by police officers when you not free to leave). If you tell the officer(s) that you won’t answer questions without an attorney present, then they must stop questioning you. You have the right to hire an attorney of your choice.  If you cannot afford an attorney, one will be appointed to represent you when you make your first court appearance.

No.  You have the right to refuse to consent to a search whether it be of your car, your home, or yourself. There are still ways in which the police could search your car, for example, if they get a warrant or as part of an inventory if your car is being towed. However, you do not have to make their job easier by allowing them to search without a warrant.

There are many consequences for being convicted of a DUII.  Several of them are dependent upon how many prior DUII’s you have on your record.  For a first conviction (not a diversion), a person will likely be placed on probation.  As conditions of their probation they would get, at minimum, either two days of jail or 80-hours of community service. They would also face significant fines.  Additional penalties would include a driver’s license suspension, a requirement to attend a Victims Impact Panel, and a requirement to be evaluated for alcohol or substance abuse treatment and then successfully complete the recommended treatment program. These penalties are increased, some significantly, for additional DUII convictions.

a.) If you are accused of driving under the influence of intoxicants, the DMV is going to attempt to suspend your license if you either failed or refused to take the breathalyzer test. This suspension, called an Implied Consent suspension, is separate from anything the courts may do later.  You do have the opportunity to contest this suspension by having a hearing in front of an administrative law judge. This hearing must be requested within 10-days of your arrest.

b.) If you are convicted of driving under the influence of intoxicants, your driver’s license will be suspended again, in addition to any implied consent suspension.  The length of this suspension is determined by your personal history with DUII convictions.  The minimum is a one-year suspension, and the maximum is a lifetime revocation.

If you refuse to take a breathalyzer test law enforcement will seek to obtain a warrant for a blood test and your blood will be sent to a forensic laboratory for testing.  The DMV will also seek to suspend your driver’s license for refusing the test.  The minimum suspension for refusing a breathalyzer test is for one-year with a 90-day waiting period before you can apply for a hardship license.  If you have a history of prior DUII convictions, participation in a diversion program, or prior breathalyzer refusals or failures, then this suspension could be increased to three-years.  The State will also try to use your refusal to take the breathalyzer against you in Court.

• Oregon Revised Statutes pertaining to DUII's and the DUII Diversion Program | External Link
• Oregon DUII Diversion Program Forms | External Link
• Oregon Department of Motor Vehicles Suspension Guidelines | External Link
• Oregon Department of Motor Vehicles Implied Consent Hearing and Hearing Request information | External Link
• Oregon Department of Motor Vehicles Hardship Permit Information and Application | External Link
• Oregon Department of Motor Vehicles Employer Ignition Interlock Device Exemption | External Link
• Oregon Alcohol and Drug Treatment Providers | External Link
• List of Oregon AA Meeting times and locations | External Link
• Alcohol and Drug Evaluation Services Locations | External Link

• NORML - The National Organization for the Reform of Marijuana Laws
  | External Link
• Oregon Medical Marijuana Program (OMMP) | External Link
• OMMP Administrative Rules | External Link
• Oregon Department of Agriculture Hemp Program | External Link
• Oregon Hemp Program Administrative Rules | External Link

• Oregon Revised Statutes | External Link
• Oregon Constitution | External LInk
• United States Constitution | External Link
• Criminal Justice Commission | External Link

• Felony Sentencing Grid
  ‍External Link
• Ballot Measure 11 Sentencing (increased sentencing for person crimes) External LInk
• Ballot Measure 57 Sentencing (increased sentencing for property crimes) External Link

• Multnomah County
  ‍Circuit Court | External Link
  Jail | External Link
• Clackamas County
  Circuit Court | External Link
  ‍Jail | External Link
• Washington County
  Circuit Court | External Link
  Jail | External Link