Oregonians celebrating Halloween should be aware that they can be arrested and convicted of DUII even if their BAC is under .08%. In Oregon, the law does not prohibit people from drinking alcohol and getting behind the wheel unless it impairs their ability to drive. The impairment can be the slightest physical or mental impairment. This is why many people are surprised the DA is still charging them with a DUII despite the fact the breath machine registered their Blood Alcohol Concentration (BAC) below a .08%.
These “low blow” DUIs can be more common around the holidays. Police Departments usually increase patrols on Halloween and the weekends around Halloween. Officers are trolling for DUII Drivers trying to get them off the road. As a result, the officers are hyper sensitive to DUII drivers and may be overzealous when it comes to making the call whether to arrest a DUI suspect. Although Police Officers may disagree, Field Sobriety Tests are subjective. This means that the officers can develop probable cause to arrest the DUI suspect based solely on their opinion the person was too impaired to be driving. As a result, a person can have one or two drinks and find themselves being arrested for DUII. The officer may error on the side of caution to get the driver off of the road, but the Driver may be facing DUII charges based on the questionable arrest.
You don’t want to be the person sitting in jail in the bumble bee costume, so please don’t drive after drinking alcohol. If you are arrested for DUII you need to be aware of your rights and options. Diversion may not always the best option in a “low blow” DUII situation. Call Jeremiah Ross and Ross Law LLC at 503.224.1658 for your free DUII consultation. Please remember this post is not legal advice and is for informational purposes only. Please consult with an Oregon Lawyer regarding the specific facts in your DUII case. Also, this post does not create an Attorney Client relationship.