I refused a breath test, but did not get charged with a DUII, will my license still be suspended?

It is important to remember that the DMV can, and will, suspend your license two different ways in DUII cases.

Obviously, there is the court suspension when you are convicted of a DUII. This suspension is completely separate from any suspension related to a suspension for failing or refusing a breath test.

Thus, the DMV can, and will, still suspend your license if you refused or failed a breath test, even though no criminal charges were filed. Likewise, the DMV will suspend your license for a DUII conviction, even if you submitted to a breath, blood, or urine test and passed.


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