I got arrested for a DUI, but didn’t fail the field sobriety tests, but did fail the breath test. What now?

Oregon has laws dealing with DUI arrests and field sobriety tests (FSTs) and whether you are required to submit to them. While you can refuse to perform FSTs, a refusal to do them can be used against you in court. In essence, a prosecutor could bring up your refusal to try to indicate knowledge of guilt. Failing FSTs won’t necessarily damn you to a conviction, but passing them will not necessarily exonerate you.

Oregon also has a law requiring you to submit to a breath test if asked by an officer. If you refuse, the DMV will suspend your license for between 1 and 3 years, depending on your prior history involving breath tests. Failing a breath test, or blowing over the legal limit, also will lead to a license suspension, but it will not be as long as it would have been had you refused a breath test.

Either way, a prosecutor may choose to proceed with DUI charges anyway.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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