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Eugene, Oregon Criminal Defense Attorneys – What to do if Stopped for a DUII

DUI’s are a serious charge to face, and unfortunately are all too common. Having a qualified Eugene DUII criminal defense lawyer on your side is crucial when facing a DUI charge. At Veralrud and Fowler we have defended numerous clients facing DUI charges and have found that there are some preventative measures you can take to avoid these charges. While the best form of defense is simply not to drink and drive there are other ways to protect you if this is not possible. 0.08%, the maximum blood alcohol level you can legally possess, can be easily exceeded with only a few drinks. While you may not feel intoxicated you may be over the legal limit.

If you are pulled over by an officer and have had a few drinks the last thing you want to be doing is fumbling for your registration and proof of insurance. Always have those items together and easily accessible. The police officer who pulls you over will be looking for any indication that you are intoxicated. Even a completely sober person can look out of sorts when searching for their papers. Having your registration and proof of insurance readily available will make the traffic stop easier for you and give no undue reason for the officer to believe you are intoxicated.

Often the officer will ask after you have been pulled over if you have been drinking. It is important that you do not admit to drinking, even if it was just one glass of wine with dinner. The officer is looking for any proof to indicate that you may be intoxicated and admitting that you’ve had even one drink is a bad idea. Reply instead by asking what reason they have for asking you that. You may even answer with something as simple as, “I have no comment on that particular matter.”

You may be asked to submit to a field sobriety test, politely decline. From walking a straight line to reciting the ABCs backwards even a sober person can easily fail these. Most that take these tests do in fact, fail. You are not required by law to submit to testing and have every right to refuse. When an officer asks you to do these they are simply looking for any proof to substantiate their belief that you are intoxicated. You are in no way required to provide them with this. If you were forced to perform these tests your Eugene criminal defense lawyer could have the case against you immediately thrown out. It is a complete violation of your rights. Legally you have the right to refuse field sobriety tests.

It is also important to know that unless you are placed under arrest for intoxication, you are not required by law to complete a breathalyzer test. An officer may ask you to perform one even when you are not under arrest and you have every right to decline. Once again, they are simply looking for a way to prove that you are intoxicated and you do not have to go along with it. If they do place you under arrest for intoxicated driving you can decline to take a breathalyzer but there are consequences. Refusal to complete a breathalyzer test while under arrest will result in an automatic license suspension. However, a suspension will only occur if you are under arrest. You cannot be penalized for refusing a breathalyzer otherwise.

If you ever face a DUI charge hire a Eugene criminal defense lawyer immediately. Even after following all these steps it’s possible to still be charged. At Veralrud and Fowler we have defended numerous clients against DUIs and would be honored to do so for you. We can provide you with a Eugene attorney well versed in the law surrounding DUIs that will fight tirelessly for you. Place your case in qualified hands and call Verlarud and Fowler today.

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975 Oak Street, Suite 798

Eugene, OR 97401

Phone  (541) 345-3333
Fax  (541) 342-1908

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