If you were arrested for DUII, you probably have questions about the legalities of the arrest and what to do next. The experienced attorneys at Harris, Wyatt & Amala in Salem compiled a list of frequently asked questions to help you navigate the next steps.
DUII arrests and charges need strong criminal defense attorneys. Call us at 866-364-4872 to discuss your case. We’re available 24/7.
Can Law Enforcement Search My Vehicle?
If the police have probable cause to believe that illegal items (such as drugs or weapons) are in your car, the United States Supreme Court has ruled that, in certain circumstances, law enforcement can search your vehicle without a warrant, but only in the places where the item they are looking for is reasonable to find.
Am I Required To Submit To Field Sobriety Tests?
If a police officer suspects that you are under the influence of alcohol or other drugs, he or she will likely ask you to voluntarily consent to several field sobriety tests. Performing field sobriety tests is voluntary: you have the right to say “no.” However, the state will try to use a refusal as evidence against you. If a police officer has probable cause to arrest an individual for DUII, then he or she may administer field sobriety testing without voluntary consent.
Will I Lose My License?
Refusing or failing a breath test can result in license suspension for up to three years, depending on the circumstances of your arrest and any prior DUII convictions. You can challenge the suspension at a DMV hearing. You must request a hearing in writing within 10 days of your arrest. The hearing allows our attorneys to discover important details regarding the circumstances of your arrest, including whether the arresting officer followed proper procedures.
What Is The Oregon DUII Diversion Program?
The diversion program allows you to enter a guilty plea, which is dismissed one year after completing the program requirements. Typically, you must complete a substance abuse treatment program and attend a session about drunk driving victim impact. You must also install and use an ignition interlock device while completing the program. Completing diversion will dismiss your conviction, but your DUII arrest will remain on your record.
It is imperative to contact an experienced DUII lawyer as soon as possible after a DUII arrest to start building the groundwork of your defense. Please see our DUII website for more information about Oregon’s drunk driving laws. If your questions were not answered in our DUI FAQ or for a free consultation, call us at 866-364-4872 or send us an email.