Oregon DUII Collateral Consequences
Oregon DUII Frequently Asked Questions
Oregon Driver's License Suspensions
Oregon Intoxilyzer 8000
For several years, Oregon used the Intoxilyzer 5000. In the fall of 2006, the Oregon State Police (OSP) began installing new Intoxilyzer 8000 units around the state and the use of the Intoxilyzer 5000 was discontinued completely in Oregon. The new Intoxilyzer 8000 has many differences from the older Intoxilyzer 5000, but the princials on which the device purports to gauge a driver's blood alcohol content are very similar.
To provide a breath sample into the Intoxilyzer 8000, you must blow long and strong into the mouthpiece attached to the machine. You must then wait, and provide a second sample. The machine will only print a reading if you complete both portions of the test (two full blows).
The decision of whether or not to provide a sample (i.e. the decision of whether "to blow") is complicated. There are both administrative and quasi-criminal (i.e. violation) penalties for refusing to provide a breath sample. However, the Intoxilyzer 8000 is not always accurate and a false high reading can result in a greater possibility that you'll be convicted of the crime of DUII. If you refuse, there is a very strong likely hood that the arresting officer will obtain a search warrant to take a blood sample from you for testing. For better or for worse, blood testing is more accurate than breath testing.
If you are reading this page, you are not likely sitting in the local jail or at a police station making the decision of whether or not to provide a breath sample. You probably either already provided a breath sample, or you refused. In any event, you should speak with an attorney/lawyer about your options regarding your breath test or refusal. You should not assume that any breath test result over .08 means that you will be convicted or that you will lose your driving privileges. Similarly, you should not assume that the local District Attorney's Office will not charge you with DUII if you blew a .07 or even a .05.
Romano Law, P.C. and Michael G. Romano are licensed to practice in the state of Oregon only. The information provided on this website is offered for informational purposes only. It is not offered as legal advice and does not constitute legal advice. Romano Law, P.C. does not seek to represent you based upon your visit to or review of this website. This website may be considered advertising under the rules of the Oregon Bar Association. You should not make legal decisions based upon brochures, advertising, or other promotional materials. If you would like to schedule a consultation to discuss a specific legal matter, please contact our offices.