DUI Lawyer

Gig Wyatt
DUI Arrest

Gig Wyatt
DUI Defense Attorney, Salem, Marion County

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What is Implied Consent?

If you drive a vehicle on a highway or premises open to the public, you have given your “implied consent” to submit to a chemical test for the purpose of determining your BAC. Police officers must inform suspects of their Miranda rights to remain silent and to have an attorney present. If you are stopped for any reason and are concerned about a possible DUI charge, you can immediately ask for a lawyer. You do not have an obligation to talk to the police and, in fact, most people convict themselves when they do talk to the police.

If You are Arrested for DUI


If you or someone you know has just been arrested for a possible DUI charge then it is important that you have legal representation to defend your rights as soon as possible.

Probable Cause for Arrest

An arrest is a seizure under both the United States Constitution, and the Oregon Constitution, and an officer must have probable cause that you have committed a crime. The legal concept of probable cause has both a subjective and an objective component. An officer must subjectively believe that you have committed a crime, and his belief must be objectively reasonable under the circumstances. Probable cause is not simply what a reasonable officer could have believed when he conducted a warrantless search or seizure, but it is what the particular officer actually believed, based upon the underlying facts of which he was cognizant, together with his own training and experience.

When a police officer places you under arrest, he must believe it is more likely than not that: (1) you, (2) were driving, (3) a vehicle, (4) upon a highway or premises open to the public, (5) while under the influence of intoxicants. Even if the officer subjectively believes that a person has committed the crime of DUII, his belief must be objectively reasonable under the circumstances. In other words, a judge must find that the police officer’s belief was reasonable.

The Stop

A police officer must have a valid reason to "stop" you, or temporarily restrain your liberty. In general, there are two different ways a police officer may lawfully stop you: (1) If an officer has probable cause to believe that you have committed a traffic violation, the stop is valid; and (2) If an officer has reasonable suspicion that you have committed, or are committing a crime then the stop will be valid. However, if the police officer did not have a lawful reason to stop you, then the evidence of the stop could be suppressed, and any evidence the officer gained after the stop. If a Defendant successfully suppresses the stop, then it is likely the prosecutor will dismiss the case because the State would not have any evidence to present to a jury at trial. If the stop is made on the basis of a traffic violation, then an officer must have specific and articulable facts which justify expanding the scope of the stop from a traffic violation into a criminal investigation (i.e., a DUII investigation). Typically, officers will report an odor of alcohol, bloodshot and watery eyes, slurred speech, flushed face, dexterity problems, and other common indicators of impairment.

Information about the DUI arrest process is provided here only for educational purposes related to DUII laws in Oregon. "Touch to call" - 24/7 Phone Support 503-378-7744