Should You Take A Breath Test If You Have Prior DUI Convictions?

Interviewer: Is it possible to make a wise decision about taking or refusing a breath test?

Shannon: It is a difficult decision. On one hand, you are trying to limit real, hard evidence the state will have against you. You are also trying to preserve your options in the future, like being able to drive in three months. It is definitely a difficult decision.

If you have two prior DUI convictions in Oregon or anywhere else, I say definitely do not provide the additional sample. This is because the consequence of a third DUI here in Oregon is a felony. Also, you are facing a lifetime license revocation at that point. You have bigger stuff to worry about at that point.

Interviewer: Can you refuse to be charged with DUII?

Shannon: You cannot refuse that. That is for two DUII convictions. It does not apply if you have been arrested for two DUIIs, prior to this. It applies if you have the convictions; not just if you have had an arrest or a diversion. You cannot refuse if you have a history of convictions.

Shannon I. Wilson, Esq.

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