DUII in Oregon: 5 Dangerous Myths Every First-Time Offender Should Know
Summer in Oregon means road trips, barbecues, and, unfortunately, an increase in DUII arrests. If you’re facing a first-time DUII charge, you’re probably hearing a lot of conflicting advice. At Gunn & Gunn P.C., we want to set the record straight. Here are five of the most common myths about DUII and the truth that could protect your rights and your future
Myth #1: “If I’m polite and cooperative, I don’t need a lawyer.”
🚫 False.
Being respectful during a DUII stop is always a good idea and will help you avoid additional charges, like resisting arrest or assault of a public safety officer. However, it won’t protect you from the serious consequences of a DUII charge. DUII is a criminal offense in Oregon, and even a first-time conviction can result in:
- ✅ Jail time or community service
- ✅ Fines and court costs
- ✅ Mandatory treatment programs
- ✅ A suspended driver’s license
- ✅ A permanent criminal record
An experienced DUII attorney can help you challenge the evidence and protect your rights. Also, if you decide to enter the DUII Diversion Program, we will guide you every step of the way so the charge can be dismissed.
Myth #2: “Refusing a breath test is always better than failing one.”
🚫 Not necessarily
Under Oregon’s Implied Consent Law, drivers are presumed to have agreed to chemical testing if lawfully arrested for DUII. Refusing a breath test can result in:
- ✅ A 1-year license suspension (compared to 90 days for failing the test
- ✅ Ineligibility for a hardship permit for at least 90 days
- ✅ Use of the refusal as evidence in court
Additionally, officers in Oregon regularly seek telephonic blood draw warrants, even for a first-time DUII. This means that police may get your blood alcohol level even if you refuse the breath test. In some cases, refusal may be the better option (especially for third- or fourth-time DUII offenses), but it’s a decision best made with legal advice. You have the right to speak to a lawyer before taking the breath test, so if you’re unsure, ask to speak with an attorney before deciding. We have an after-hours line for this exact reason.
Myth #3: “I can deal with the DMV stuff later.”
🚫 Big mistake.
If you fail or refuse a breath test, the arresting officer will issue a Notice of Intent to Suspend your license. You have only 10 calendar days from the date of your arrest to request a DMV hearing to challenge that suspension.
If you miss this deadline, your license will be automatically suspended, even if your criminal case is later dismissed. This hearing is separate from your court case and can be a critical opportunity to preserve your driving privileges. You can request the hearing through the DMV2U portal. If you choose to hire us, our attorneys can submit the request for you.
Myth #4: “Field Sobriety Tests Are Mandatory—You Have to Take Them.”
🚫 False.
In Oregon, field sobriety tests (FSTs) are voluntary. These include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (involuntary eye movement) tests. While refusing may lead to arrest if the officer believes there’s probable cause, it limits the evidence that can be used against you in court.
You have the right to politely decline these tests and request to speak with an attorney. Our attorneys participated in the same Standardized Field Sobriety Test (SFST) training that the officers take, and we know the weaknesses in that training.
Myth #5: “If I’m Under the Legal Limit, I Can’t Be Charged with DUII.”
🚫 Also false.
Oregon law allows DUII charges even if your BAC is below 0.08%. The key question is whether your ability to drive was “adversely affected to a noticeable or perceptible degree” by alcohol, drugs, or a combination of substances.
This includes cannabis, prescription medications, and even over-the-counter drugs that impair your coordination or judgment. These “poly-drug” cases are complicated, and our attorneys participated in a two-day Drug DUII course to know how to handle these allegations.
What Should You Do If You’re Arrested for DUII in Oregon?
- ✅ Stay calm and respectful.
- ✅ Ask to speak with an attorney before deciding to take a breath test.
- ✅ Request your DMV hearing immediately. DON’T WAIT.
- ✅ Contact a DUII defense attorney as soon as possible.
We’re Here to Help
At Gunn & Gunn P.C., we’ve helped hundreds of Oregonians navigate DUII charges and protect their rights. If you’ve been arrested or have questions about your case, call us today for a confidential consultation.
📞 (503) 362-4866
📍 Serving Salem and all of Oregon