Oregon DUI stops are more than just physical stops of a moving vehicle. When a police officer speaks with an ordinary citizen, the interaction is either considered an arrest, a “mere conversation” or a “stop.” Stop has a very specific meaning in the law which may not coincide with your everyday understanding of what “stop” means. An officer does not need any reason to have a “mere conversation” with anyone but he does need “reasonable suspicion” to stop someone. State v. Lawton, 194 Ore. App. 190 (2005).
In Oregon DUI cases, to determine if the interaction was “mere conversation” or a “stop” is an objective test, which means that the officer must be able to articulate specific, observable facts that would lead a reasonable police officer to believe that the driver of the car is intoxicated. State v. Castrejon, 79 Ore. App. 514 (1986).
An officer who has reasonable suspicion that the driver is intoxicated may stop and briefly detain the driver for the purpose of a limited investigation. Any small traffic violation could be considered reasonable suspicion. This includes: turning without using your blinker, not coming to a complete stop at a stop sign, crossing over the painted lines, stopping for no apparent reason, having a headlight out, having a taillight out, or even having a license plate light out. If you are located in an area where there are many round-a-bouts such as in Bend, Oregon an officer may have reasonable suspicion to pull you over for a DUII because you did not use your blinker when exiting the round-a-bout.
An Oregon DUII case may be dismissed if the officer did not have reasonable suspicion for the initial stop, however this very rarely happens since nearly any small traffic infraction may be considered reasonable suspicion.
Once pulled over, the officer will ask the driver a few questions as part of his limited investigation. If the officer speaks with the driver and still has reasonable suspicion that the driver is intoxicated then the officer may carry out a field sobriety test and/or a “breathalyzer” test, which in Oregon is administered using a machine called the Intoxilyzer 8000. An officer may consider any of the following reasonable suspicion that the driver is intoxicated: bloodshot eyes; watery eyes; inattentive behavior; slurring words; and/or the odor of alcohol on the driver’s breath.
In addition to inquiring into the circumstances related to the reason for the stop, an officer may inquire regarding officer safety and the presence of weapons, ask for consent to search for weapons, and inquire into circumstances arising during the detention that give rise to a reasonable suspicion of criminal activity. State v. Porter, 312 Or. 112 (1991). If the officer reasonably suspects the detainee is armed and presents a danger the officer has the authority to frisk the detainee.
If the officer told you you could not leave, that was a stop. An important note is that a stop is not an arrest. However, a stop becomes an arrest once the officer places handcuffs on your wrists.