DUII Information   |   434 NW 19th Avenue   |   Portland, Oregon  97209   |   503.546.2928   |   Diversion Information


David N Lesh
Oregon DUII Defense Attorney
Oregon Super Lawyer 2018, 2019, 2021, 2021, 2022

Call today to speak with Mr. Lesh about your DUII arrest
Phone and Email
Photo of attorney David Lesh


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]

About the Author of the Oregon DUII Guide: 

David Lesh is a Portland attorney emphasizing DUII and criminal defense.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor and lawyer to the Portland Police Bureau.  He was named an Oregon Super Lawyer in 2018, 2019, 2020, 2021, and 2022.  His law practice has an A+ BBB rating.

Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935   |   Email: duii @ outlook.com (no spaces)

Privacy Policy


"Can't recommend David Lesh more.  I've seen him get great results firsthand for his clients."


A. Johnson

5 stars



Websites, including this one, provide general Oregon DUI information and processes but do not provide legal advice or create a lawyer / client relationship.  General information cannot replace legal advice specific to your case, problem, or situation.  Consult qualified Oregon attorneys for advice about any specific problem or DUI charge that you have.  Oregon attorneys are governed by the Oregon Code of Professional Responsibility.   This website may be considered an advertisement for services under the Code.  Information contained in this website is believed to be accurate but is not warranted or guaranteed in any way.  ORS 813010.


Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards.  © Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023 by David N Lesh, duii @ outlook.com.