Oregon DUI Arrest – What You Need to Know

What constitutes an Oregon DUI arrest? When a police officer speaks with an ordinary citizen, the interaction is either considered an arrest, a “mere conversation” or a “stop.”

In Oregon, arrest means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. It is a fact-specific inquiry into the totality of the circumstances to determine whether the duration or intensity of the officer’s actions converted what would otherwise be a stop into an arrest. State v. McKinney, 174 Or. App. 47 (2001).

If an officer, for an officer to make an Oregon DUI arrest, he must show that he reasonably believed that it is more likely than not that you were driving a vehicle on a public road while under the influence of intoxicants.

Probable Cause Required for an Oregon DUI Arrest

A police officer must have probable cause for an Oregon DUI arrest. Sometimes what happens is that a police officer’s initial observations are insufficient to justify an arrest but after the officer stops and inquires the driver he finds that the driver’s subsequent statements or conduct grow into enough probable cause to justify an arrest. State v. Miller, 54 Or. App. 323 (1981).

For example, someone is pulled over for the traffic violation because they turned right without using his turn signal. When the officer comes to the vehicle he smells alcohol on the driver’s breath and notices that the driver is slurring his words. The officer did not have the authority to arrest the driver for not using the turn signal, but he may have probable cause to arrest him once he observes the driver’s other traits. In Oregon, resisting arrest may be an indication that the driver is intoxicated. State v. Hein, 31 Or. App. 147 (1977).

While an arrest will not necessarily lead to a criminal conviction, it may still have serious life consequences. One may miss work or school because of an arrest. Additionally, one is legally obligated to disclose an arrest on a job application, a loan application, or for an application for a professional license. It may be possible if you are arrested and found not guilty that your arrest record may be expunged from your permanent record, however there are specific rules about what may and may not be expunged.

“Can I remove an Oregon DUI arrest from my record?”

It depends. The rules concerning the setting aside of an Oregon DUI arrest are complicated. Contact our office for details, or visit our Oregon expungement page.