Oregon DUI Reasonable Suspicion

What does it mean in for a police officer in Oregon to have reasonable suspicion that a driver is driving under the influence of intoxicants (DUI)? Reasonable suspicion is an important issue for your attorney to analyze if you’ve been charged with DUIWhen you talk to a police officer, the interaction is either considered “mere conversation” or a “stop.” A “stop” is more than just a pause of motion. It has a very specific meaning in the law which is not the same as the everyday meaning of “stop” in common usage. It also has nothing to do with a stop sign. A police officer does not need any reason to have a “mere conversation” with someone but must have “reasonable suspicion” to stop someone. State v. Lawton, 194 Or. App. 190 (2005).

Oregon DUI Reasonable Suspicion

What Constitutes “Reasonable Suspicion?”

Reasonable suspicion is an officer’s belief based on “articulable objective facts” that it is reasonable under the totality of circumstances existing at the time that the suspect committed or is about to commit a crime. State v. Brown, 31 Or. App. 501(1977).

What is the Standard of Proof for “Reasonable Suspicion” in Oregon?

Reasonable suspicion requires a lower burden of proof than probable cause. Reasonable suspicion means that the officer need only some indication that the motorist may have committed a crime. Probable cause means that an officer has enough evidence to suggest that the motorist likely committed a crime. State v. Belt, 325 Or. 6 (1997).

Many people find these standards confusing since an officer must have reasonable suspicion to stop you if he suspects you are committing an Oregon DUI, a fairly serious crime. However an officer must have probable cause, a higher burden, to pull you over for a traffic violation, which is not considered a crime at all. State v. Matthews, 320 Or. 398 (1994).

What is “Reasonable Suspicion” of DUI in Oregon?

In an Oregon DUI, reasonable suspicion means that the officer only need some indication that the driver may be driving intoxicated. Any of the following may be reasonable suspicion that the driver is committing an Oregon DUI: not coming to a complete stop at a stop sign, crossing over painted lines, not signaling before a turn, driving out of turn at a light or four-way stop, or not signaling when exiting a round-a-bout.

In Oregon, an officer may also have reasonable suspicion of an Oregon DUI if he sees a driver drive away from a bar or tavern at half the posted speed limit after noticing that the driver’s has droopy eyes and slow movements. State v. Madden, 89 Or. App. 21 (1987).

Once stopped, the officer has the right to temporarily detain you in order to investigate further. During this temporary stop an officer may ask you questions related to the reason for the stop. He may also inquire about weapons and ask if you consent to a search of you and/or your possessions. If the officer reasonably suspects from this brief interaction that you are armed and/or dangerous, the officer has the authority to frisk you.

During this conversation, if the officer observes bloodshot eyes, watery eyes, slurring, inattentiveness, open alcohol containers in the passenger part of the vehicle, and/or alcohol on the breath an officer may decide to administer a sobriety and/or a breath test. In Oregon DUI’s, the police use a machine called the Intoxilyzer 8000 to conduct the “breathalyzer” test.

If your performance is sub-par in the field sobriety test or “breathalyzer” test the officer may find that your statements or conduct, coupled with the officer’s observations grow into probable cause which could lead to arrest. In City of Portland v. Price, 106 Or. App. 455 (1991) and State v. Miller, 54 Or App 323 (1981).

How Can This All Help Me, And My Case?

You’re going to want to speak with an attorney. Whether you call our firm, or another firm, have an experienced DUI attorney review your case. That means all the police reports, all the dash cam footage, body cam footage, and your account of what happened. You should not even consider entering a “guilty” or “no contest” plea until you’ve at least gone over this with your lawyer.

Scroll to Top
Call Now Button