1. What do law enforcement officers look for when searching for drunk drivers on the highway?

Answer: The following is a list of symptoms that officers look for when looking for drivers under the influence.

• headlights off
• wide turning radius
• hugging the center lane marker
• almost striking an object or vehicle
• weaving
• driving more than 10 mph below the speed limit
• crossing the center lane into opposing traffic
• slow response to turn signals and traffic signals
  
  

2. If stopped by a law enforcement officer and he inquires if I have been drinking or using any controlled substances, what should I say?

Answer: You are not required to make any incriminating statements. You should politely indicate that you would like to speak with an attorney before answering any questions.

3. What should I do if the officer asks me to take field sobriety tests?

Answer: You should politely refuse these tests. Most of the time the officer has already made up his mind and is using these purely subjective tests to help build his case against you.

4. What type of clues is the officer looking for when investigating for DUI?

Answer: The officer begins his DUI investigation from the moment you are brought to his attention. That could be how you were driving. But once he pulls you over, he will be looking at the following symptoms.

• Inability to follow directions
• Odor of alcohol
• Flushed face
• Bloodshot, red, and or watery eyes
• Slurred speech/talking extremely fast
• Trouble getting to ID/registration/insurance
• Stumbling to get out of the vehicle
• Fidgety, scratching
• Poor concept of time
  
  

5. Should I consent to a chemical test? What happens if I refuse?

Answer: This is always the most difficult question to answer because there are many factors for different people.

• If this is your first DUI then you will most likely be eligible for a diversion program. I would recommend taking the breath test so you will not be exposed to some of the more adverse consequences that occur with a refusal.
• If you can honestly say you only had "two drinks with dinner," then there is a likelihood your BAC will be below .08.
• If you have had prior DUIs and are really not sure how many drinks you consumed, then it might be a good idea to refuse the test. You also need to consider the penalties of a refusal. If you refuse to provide a sample, your Oregon Driver's License will be suspended for at least one year. If you have a prior alcohol-related offense within 5 years, then the suspension will be for 3 years. You may be eligible for a hardship permit after 90 days. A refusal can be used against you in court as "consciousness of guilt."   As of January, 2004,  refusing a BAC test is a violation which will result in a fine between $500- $1000.
• If you fail a breath test and you have a prior alcohol offense within 5 years then there will be a 1 year suspension.
  
  

6. Do I have a choice of type of chemical test?

Answer: In Oregon you do not have a choice between  breath and blood testing. But after taking the breath test, you can request to be released so that you may take a blood draw at your own expense. Unfortunately, the officers usually do not inform you of that choice. An officer can require a urine test if either blood or breath testing is unavailable or if he has reason to suspect you are under the influence of a controlled substance.

7. Because I failed the breath test, the officer took my license. What happened to being presumed innocent?

Answer: This is patently unfair, but the courts in Oregon have ruled that driving is a privilege not a right, and can be summarily taken away from anyone. Make sure that you file for a DMV hearing to challenge this suspension.

8. Why do I need a lawyer? Why can't I represent myself?

Answer: You have a constitutional right to represent yourself. This would be an awful mistake. A judge will probably admonish you many times if you attempt to proceed without an attorney. An attorney will have specific knowledge as to the current state of the law. He will be able to spot improper conduct by a law enforcement officer, he will do research, and write legal motions that may benefit your case. He will know how to question the State's expert witnesses and find the facts that may help turn your case.

9. I had a BAC below .08, why is the State prosecuting me?

Answer: The State can prove you are guilty under a number of different theories.

• The first is that you had a BAC of .08 or above while operating a motor vehicle on premises open to the public.
• Second is that you were operating a motor vehicle on premises open to the public while you were under the influence to a noticeable, perceptible degree. This can mean you had a BAC of .05, but were falling down and obviously impaired.
• Third is that you were under the influence of a controlled substance
• Fourth is that you were under the influence of a combination of a controlled substance and alcohol
  
  

10. How much will it cost to retain an attorney?

Answer: Price varies depending on many factors.

• The experience and skill of the attorney. Do not assume because the attorney has 20 years experience and they are expensive that you will get the best defense. Talk with your attorney and see how confident they are when you speak to them. Do you find them appealing? Are they a likable person? If you were on a jury, would you want to listen to what she had to say? Do you get the impression that they are going to work hard to defend your case?
• The complicated nature of your case
• Are there going to be any expert witnesses to testify on your behalf or on behalf of the State?
  
• The fee can include the DMV suspension hearing
• Does an investigator need to be hired?
• Is the case a felony or a misdemeanor?
• Was there an accident involved? Any injuries?
• Your prior record?
  
  

I just blew into the machine and it showed my BAC was over .08. Should I just plea guilty?

Answer: No! It is very unlikely you are going to gain any benefit by pleading guilty in your case. You have a constitutional right to require the State to prove that you are guilty beyond a reasonable doubt. There is nothing wrong with exercising your rights and making the State do its job. I do know that you have zero chance to win your case if you plea guilty.