Oregon Implied Consent Law

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Under Oregon law, by driving a motor vehicle you have “implied” that you will consent to a search of your breath, blood, or urine if you are arrested for Driving Under the Influence. If your blood alcohol level is shown to be .08% or greater, you will be deemed to have “failed” the breath test. If you are under the age of 21, any amount of alcohol in your blood is grounds for a suspension of your license.

If at the time of your arrest, you have a valid Oregon Driver License, the officer will confiscate your license and issue a temporary “license” or permit for 30 days. After 30 days, however, that “permit” is no longer valid.

The most common method of testing is for an officer to ask to check your BAC with a breath test. You do not have to take a blood test unless you have been in an accident and need medical attention. In that case, the officer who arrests you can ask you for a blood test while you receive medical care. If the accident left you unconscious, however, then the officer can order a blood test without asking you first.

If you refuse to take a chemical test, your license will be suspended and evidence of your refusal can be used against you in court. If you are later found guilty of a DUI – even without the results of a chemical test – your suspension will be made longer.


About the Author:

Marc W. Gunn is a Shareholder with Gunn & Gunn P.C. and has been practicing law in Oregon since 1995. Marc's areas of practice include Criminal Defense, Bankruptcy, DUII Defense, Creditor Representation and Business Reorganizations. In his free time, Marc enjoys outdoor activities, Scuba Diving and spending time with family and friends.