Process of a DUII in Portland, Oregon

Below you will find an overview of what a driver or person will go through if they have been suspected of Driving Under the Influence of Intoxicants (DUII).

Car Stopped or Pulled Over

Field Tests

  • Horizontal Gaze Nystagmus (HGN) – This is when a law enforcement officer looks for nystagmus or involuntary jerking of the eye. The jerking happens when the eye follows a stimulus out of its peripheral vision; usually a pen or a light. The police officer will look for nystagmus at maximum devision which is eyes looking all the way to the side as well as prior to 45 degrees.
  • Walk and Turn – This is also known as the heel to toe test. The police officer will ask the subject to walk nine steps out, make a turn left or right and walk nine steps back. There are eight clues the police officer is trained to look for in this test. If you have two clues you will have failed the test. Subjects cannot deviate from what is asked upon them by the police officer. If the subject starts too early or doesn’t touch their heel to their toe this could cause them to fail the test.
  • One Leg Stand – The subject will be asked to stand on one let for 30 seconds. There are four clues to look for and if the subject triggers two clues they will deemed to have failed the test.

Arrest

Upon an arrest there are three circumstances that can happen:

Breathalyzer Test – Pass, Fail or Refusal – If passed subject will be asked to take a urine test

Blood Test – Pass, Fail or Refusal

No Sample

The pass or fail determination will be based on .04 for commercial drivers license (CDL) and .08 for those with a drivers license. Upon completion or refusal of any test there will be administrative license sanctions. At this point you may want to contact a Portland DUI lawyer to determine your rights and how you should progress with the charing arraignment.

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