How Can I Be Charged with DUII If I Passed the Breathalyzer in Oregon?

Question from Melly, How Can I Be Charged with DUII If I Passed the Breathalyzer in Oregon?

Answer from AI:

If you were involved in an accident, underwent a field sobriety test, passed a breathalyzer test (with results under the legal limit), and yet were still cited for a DUII (Driving Under the Influence of Intoxicants) in Oregon, this situation may seem confusing. However, there are several reasons why this could happen. Below is an explanation of the possible factors involved and what you should consider doing next.

How Can You Be Cited for DUII If You Passed a Breathalyzer?

In Oregon, a DUII charge is not solely based on the results of a breathalyzer test. The law allows officers to cite individuals for DUII if they believe the person was operating a vehicle while under the influence of intoxicants, even if the blood alcohol content (BAC) is below the legal limit of 0.08%. Here are some key points to consider:

1. Field Sobriety Tests (FSTs):

   • Police officers often administer field sobriety tests to assess a driver’s impairment. These tests are subjective and based on the officer’s observations of your balance, coordination, and ability to follow instructions.
   • If you performed poorly on the FSTs, the officer may have determined that you were impaired, even if your BAC was under the legal limit.

2. Other Signs of Impairment:

   • Officers are trained to look for signs of intoxication, such as slurred speech, bloodshot eyes, the smell of alcohol, or erratic behavior. Even if your BAC was low, these observations could lead to a DUII citation.

3. Prescription or Illicit Drugs:

   • Breathalyzer tests only measure alcohol levels. If the officer suspected that you were under the influence of prescription medications, marijuana, or other drugs, they could cite you for DUII. Oregon’s DUII law includes being under the influence of any intoxicating substance that impairs your ability to drive safely.

4. Refusal to Take the Breathalyzer Test:

   • While you mentioned that you took the breathalyzer test, it’s important to note that Oregon’s implied consent law requires drivers to submit to a breath or blood test if suspected of DUII. Refusal to take the test can result in penalties, but this does not seem to apply in your case since you took the test.

What Should You Do Next?

1. Understand the Charges:

   • Review the citation you received. It should include the specific reason for the DUII charge (e.g., alcohol, drugs, or a combination). If the citation does not specify, your attorney can request more information.

2. Consult a DUII Attorney:

   • A DUII charge is serious and can have long-term consequences, including fines, license suspension, and increased insurance rates. An experienced DUII attorney can review the evidence against you, including the FST results, breathalyzer results, and the officer’s report, to determine whether the charge is valid.
   • If the officer’s observations or FST results were flawed, your attorney may be able to challenge the citation.

3. Request a Hearing:

   • In Oregon, you have the right to challenge the citation. Your attorney can help you request a hearing to contest the charges.

4. Do Not Plead Guilty Without Consulting an Attorney:

   • Even if you believe you were not impaired, it’s important to avoid pleading guilty without legal advice. A DUII conviction can have serious consequences, and an attorney can help you explore your options.

Key Laws and Regulations

• Oregon Revised Statutes (ORS) 813.010: This law defines DUII and allows for charges based on impairment, regardless of BAC.
• Implied Consent Law (ORS 813.100): Drivers are required to submit to a breath or blood test if suspected of DUII.

When to Seek Legal Advice

If you were cited for DUII despite passing a breathalyzer test, it’s crucial to consult with a qualified DUII attorney. They can help you understand the charges, review the evidence, and determine the best course of action. While this explanation provides general guidance, only a licensed attorney can provide advice tailored to your specific situation.

For more information about Oregon’s DUII laws, you can visit the Oregon Revised Statutes or consult with a local DUII attorney.