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officer giving a DUII test

Do I Have Rights When I'm Pulled Over for a DUII in Oregon?

Getting pulled over by a police officer for any reason can be nerve-wracking and intimidating. These feelings can cause you to panic at the moment and unintentionally waive your rights. That’s correct; you do have rights when you are pulled over by a police officer.

What Are My Rights After Being Pulled Over?

Immediately upon pulling over, you are obligated to furnish the police officer with your license, registration, and proof of insurance. Once you’ve complied with the officer’s request for documentation, you have the right to:

  • Decline a field sobriety test
  • Decline a breath test
  • Decline your car to be searched
  • Decline to answer questions
  • Have your lawyer with you
  • Stay quiet

It is important to keep in mind that while within your rights, your license will automatically be suspended for one year if you refuse to take a breath test.

If you decide to exert any of your rights, be sure to remain courteous, solid with your stance, and keep to yourself as much as possible. It is not uncommon for police officers to do what they can to intimidate you into providing evidence that could hurt your case.

It is wise to keep yourself composed with the officer and make it well-known that you wish to speak to your lawyer before answering any of the officer’s questions. Stay strong, but also stay respectful.

If you are held under arrest and taken to the police station to be booked, you have the right to a private phone call with your attorney. Depending on the circumstance, you may even be able to make the phone call on your personal cell phone.

Other DUII Tips

  1. Ticket amount: If your ticket amount says $6,250, don’t be alarmed. This is a common figure for offenses that require court appearances and will most likely be reduced in court.
  2. Blood alcohol concentration (BAC) regarding diversion: There is no BAC too high to enter into Oregon’s DUII diversion program.
  3. Canadian entry: If you are convicted of a DUII, you will be unable to travel to Canada. However, you do have the option to pre-apply for entry by completing the required forms and enduring a background check, which can take up to 6 weeks.

Call Baxter Harder today at (541) 238-9210 to speak with an attorney about your DUII case in Oregon.