Oregon DUII Sobriety Test Attorney
DWI Rights Lawyer Serving Marion County and Surrounding Areas
If you refuse a breath, blood or urine sobriety test after a drunk-driving stop and arrest, you may face more serious consequences than if you had taken the test and failed. If you are facing DUII charges and refused or failed the sobriety test, it is critically important to seek informed legal advice before deciding how you will proceed.
Take Action Within 10 Days to Protect Your Driver's License
You should also act quickly to find a knowledgeable criminal defense lawyer you can trust. The Oregon Department of Motor Vehicles will issue an administrative suspension of your driver's license unless you file paperwork to contest the suspension within 10 days of the breath, blood or urine test. This suspension results from Oregon's implied consent law, which implies that as a condition of obtaining a driver's license every Oregon driver implicitly agrees to take a sobriety test when asked to do so.
If you refused the sobriety test, the suspension period you face could be one year or more, depending on whether you have been previously convicted of one or more charges of driving under the influence. If you failed the Intoxilyzer test (commonly known as the Breathalyzer test) or blood or urine test, then the suspension will be at least 90 days for the first offense, and more depending on whether you have been previously convicted of one or more charges of driving under the influence. The DMV suspension is in addition to any driver's license suspension that a judge may order if you are eventually found guilty and not allowed the benefit of a DUII diversion program.
The administrative hearing to protect your driver's license is an important part of building your criminal defense strategy as well. At the administrative (DMV) implied consent hearing, David will cross examine the arresting officer to fight your suspension and thereby properly evaluate your likelihood of prevailing in the defense of the criminal DUII charge in court. David will review and evaluate information and evidence to determine which types of legal strategies may work best in defending you against the DUII charge.
David DenHartigh, Attorney at Law: A Salem Sobriety Test Attorney
DUII defense is a specialized area of criminal defense practice. It is an area in which Salem, Oregon, criminal defense lawyer David DenHartigh has extensive experience. David has more than 20 years' criminal defense experience that he brings to bear on behalf of each client who retains him for help with DUII defense. Contact David immediately for more information after a DUII arrest.
David has extensive background handling DUII defense cases in which the sobriety test is an issue. David will interview you extensively and review all records associated with your case to determine the best strategies and defenses arguments to employ in your defense. Questions David will ask include:
- Why did the police stop you?
- Did you commit or were you accused of committing a traffic violation that provided the police with a reasonable suspicion that you were under the influence?
- Did you have a reason for refusing the sobriety test?
- What was the breath sobriety test result? Did you have something to eat or drink that could have affected the results?
- Did the police wait the required amount of time before administering the sobriety test?
- Does your medical history indicate a condition that might adversely affect the sobriety test results?
- Did the police follow all required procedures when administering the test?
Contact Salem, Oregon, DUII sobriety test attorney David DenHartigh for practical information and honest advice after a DUII arrest. Call 503-664-4613 or send David an e-mail.