Common Misconceptions about DUII Charges
Interviewer: What would you say are some of the most common misconceptions that people have about the DUII process?
A Driver with A Low Blood Alcohol Level Can Be Arrested
John Reade: One misconception is that you have to be, what most people would call drunk or very intoxicated in order to be arrested and/or convicted of driving under the influence.
Driving under the influence in Oregon is defined as you are considered to be intoxicated when your mental and/or physical faculties, are affected to a noticeable or a perceptible degree by an intoxicant. An intoxicant is usually alcohol, but it can be something other than alcohol, such as prescription or non prescription medication. Marijuana, for example, can be an intoxicant.
Will a DUII Arrest become Public Knowledge?
Interviewer: When someone is arrested and charged, how public will it be? Will an employer, family, friends, find out or is it something that is kept quiet?
Depending on Where You Reside, an Arrest May Be Published in the Local Newspaper
John Reade: In Josephine County, an arrest is published in the local newspaper. People usually find out about someone else’s arrest for Driving Under The Influence, if they read the newspaper, in either the paper format or the online format.
In Oregon, You Have the Right to Refuse to Take a Breath Test
Interviewer: What if someone were to refuse a Breath Test?
Your License Will Be Suspended for a Longer Period Of Time If You Refuse A Breath Test, Than If You Take A Breath Test And Fail The Breath Test
John Reade: You have the right to refuse a breath test. The only significant consequence of refusing a Breath Test is a license suspension for a longer period of time if you refuse a breath test, than if you take a Breath Test and fail it. In a driving under the influence case there are two potential license suspensions. One potential license suspension by the Oregon Department of Motor Vehicles, if you took a breath test and failed the breath test or refused to take the breath test. The other potential license suspension period is by a judge, if you are convicted of driving under the influence.
You Only Have 10 Days After The Date Of An Arrest For Driving Under The Influence To Request A Hearing To Contest The Suspension Of Your License By The Department of Motor Vehicles for Refusing Or Failing A Breath Test
In Oregon, you only have 10 days after the date you are arrested for Driving Under The Influence to request a hearing to contest the suspension of your license for refusing or failing a breath test.
At Trial, a Breath Test Refusal Can Be Argued as an Admission of Intoxication
If you refuse to take a breath test, and the matter goes to a trial before a jury, the prosecutor will have the right to tell the jury that the person refused the breath test, because they knew they would fail it.