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Refusal To Blow Into A Breathalyzer

There are many questions that you may have to ask yourself for the first time while you are standing in front of a uniformed officer holding the breath test machine.

  • Should I submit to a Breathalyzer test?
  • Do I have the right to refuse?

It probably isn’t going to feel like you have a choice in the matter. You do.

The best decision is to contact an attorney for guidance. At our law firm, we even welcome these calls after hours. Of course, you may have been unaware of your particular rights or were afraid to utilize them when you were pulled over. Regardless of whether you consented to a Breathalyzer or refused, Mark C. Cogan, P.C. can help you, but there are real consequences if you don’t act fast.

Were you pulled over for drunk driving in Portland? Contact our DUII attorneys immediately at (503) 549-1077.

I Refused… What Happens Now?

Under Oregon law, when you refuse to submit to an officer-requested breath test, you face the automatic suspension of your driver’s license.

  • First offense: Your license will be suspended for one year if this is your first DUII offense.
  • Subsequent offense: If you were convicted of a DUII in the past five years, your license will be suspended for three years.

You Have 10 Days To Challenge The Suspension

There is a procedure to challenge the suspension of your driving privileges in an administrative hearing. YOU MUST ACT FAST. You only have 10 days to make a formal request for a hearing.

We strongly advise that you contact us immediately so that we can represent you at the administrative hearing. There are two very real benefits to doing so. They are:

  • Avoid suspension: This is the only option you have to protect your driving privileges.
  • Gather evidence for your case: Even though this is an administrative hearing, it gives your lawyer the opportunity to question the police officer about the details of your arrest. This evidence can prove vital to a successful outcome in your criminal case.

Get Immediate Help | Initial Consultations Are Free

Our Portland drunk driving defense attorney have a proven record of success in helping individuals keep their licenses after refusing a breath test, and minimize the impact of any subsequent charges. Contact us immediately by calling (503) 549-1077. You can also submit your information online, and we will respond in a timely manner.

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