Hopefully you will never be arrested for a DUI.  But, if you ever find yourself under arrest, you have the right to consult with an attorney before deciding whether to take a breath test. This is nothing new – Oregonians have had this right at least since 1988, when the Oregon Supreme Court issued its ruling in State v. Spencer, 305 Or 59 (1988).

There is, of course, a catch: you have to ask. If you ask, the police cannot deny you a reasonable opportunity to consult with an attorney.  If you ask for the chance to call an attorney, and the police refuse, the evidence of your breath test can not be used against you in court.  But if you do not ask for the chance to talk to an attorney, there is nothing between you and the breathylizer.

As I have said before, it is always better to consult with an attorney sooner rather than later.  Don’t wait until its too late!

(photo: OregonDOT)