What happens if I refused to take a breath or blood test after my DUII arrest?

The refusal to take a breath or blood test nearly always results in an implied consent suspension of your right to drive in Oregon of either one or three years depending on your DUII history.  If you act within 10 days of your arrest, you may request an appeal of your suspension with the Office of Administrative Hearings.

A chemical test refusal also generally results in a ticket for "refusal to take a test for intoxicants" under ORS 813.095.  If convicted of this offense you face a presumptive fine of $650.

      ORS 813.095 Offense of refusal to take a test for intoxicants; penalty. 

      (1) A person commits the offense of refusal to take a test for intoxicants if the person refuses to:

      (a) Take a breath test when requested to do so in accordance with the provisions of ORS 813.100; or

      (b) Take a urine test when requested to do so in accordance with the provisions of ORS 813.131 and 813.132.

      (2) The offense described in this section, refusal to take a test for intoxicants, is a specific fine traffic violation. The presumptive fine for refusal to take a test for intoxicants is $650. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants. [2003 c.814 §2; 2009 c.614 §1; 2011 c.597 §102]