(SOLVED!) What Happens If You Refuse A Breathalyzer In Oregon?

This area is complex in both administrative and criminal DUI laws. Before refusing to take a breath test following a DUI arrest, it is best that you consult an attorney. If you are unable to speak with an attorney, it is best to administer the breath test. If you have never had a DUI before, if you do not have a Commercial Driver’s License, and if you are otherwise eligible for Oregon’s DUI Diversion Program, the criminal charge of DUI will ultimately be eligible for dismissal. For a first DUI, it isn’t very important to know your BAC. Last updated 47 days ago, by Zelda From Kahramanmaras (Turkey) [2]

Portlandduiguy.com goes on to describe that if you get pulled over by the police on suspicion of drunk driving, you’ll likely have lots of questions. This is likely to be the case especially if it’s your first time. It is normal to be anxious and uncertain about your rights when an officer holds a breathalyzer machine in front you. It is possible that you will have questions about whether or not you can refuse to be tested. You will likely be told by the officer that you cannot refuse testing. But you do have choices. There are also consequences. This can make matters very complicated, so it is a good idea to consult with a Portland DUI attorney. Let’s look at some of the things you need To be aware. We thank Farrell Felix, Eslamshahr Iran for sharing this information with us. [3]

The area of DUI criminal and administrative law is very complex. Before refusing to submit to a breathalyzer after a DUI arrest, it is best to consult a DUI attorney. You can take a breath sample if your attorney is not available. If you don’t hold a Commercial Driver’s License, have not had any previous DUIs, and are eligible otherwise for the DUI Diversion Program in Oregon, then the DUI criminal charge will ultimately be eligible to be dismissed. It is important to note that your breath test results for first DUI are not crucial. Maleka Talley, April 18, 2020. [4]

“Breathalyzer” is a generic term that refers to one of the first breath testing device brands that are used to estimate blood-alcohol levels. Today, “breathalyzer” is a name that is used in a similar way that people used to state, “I will Xerox you a copy.” That was because Xerox was the very first company that produced a plain paper photocopier which resulted in “Xerox” becoming a verb and becoming synonymous with “copying” or “photocopying” even when it was done on a machine that was not a Xerox one. The Intoxilyzer8000 is the specific brand and model of the Oregon breath test device. However, many people still call it the “breathalyzer.” [5]

Q: It doesn’t really matter. A: Nothing really. Different jurisdictions and states use different terminology. This type of arrest is known in Oregon as Driving under the Influence. (ORS 813.010). You will often see DUII and DUII interchangeably, despite the difference in the terms. This is because it makes it easier for people to find what they need. You can also find it here. Washington StateIt is simply driving under the influence in Washington. See RCW 46.61.502. DWI (Driving While Intoxicated) is used by other states such as Texas. No matter how you say it — DUI, DUII, or DWI — it all means the same thing.Q: What will happen if I refuse to take a DUI breath test? Traven James modified the above on March 10, 2020. [6]

At the point you didn’t show up in court, the judge likely issued a bench warrant for your arrest. If you receive a bench warrant, it means that you could be arrested. officer coming to your home or at work and placing you in jail. If you are charged with a DUII, this can also result in an additional suspension of your driver’s license, and may prevent you from entering a DUI Diversion program. In addition to the initial criminal charge, the District Attorney can also add a Failure to Appear criminal charge that you will have to face. (Amended March 19, 2021 by Indea smart) [7]