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The Oregon Implied Consent Law
Oregon is among many states with an implied consent law, under which a person who drives a car in Oregon is presumed to agree to suspension of his driver’s license if he refuses to consent to a blood, breathalyzer, or urine test for DUII.
Under the U.S. Constitution and state constitutions, you do have the right to refuse to provide evidence against yourself by testing, but your driver’s license may be immediately confiscated and you’ll face a one-year suspension.
A hardship license may be available after 90 days of implied consent suspension.
A second refusal within 5 years will result in an automatic suspension of 3 years.
A hardship license will only be available in your criminal case, once the 3-year implied consent suspension has run its course.
If you are suspended under the implied consent law, you may be issued a temporary license, pending a suspension hearing, which you must request within 10 days of the day when your suspension begins.
In addition, your act of refusal can be used as evidence of guilt in a DUII prosecution.
If you consent, you may have the right to an independent blood test, at your own expense.
Courts have ruled implied consent laws constitutional.
For more information, see the Oregon Driver’s Manual
