Being pulled over on suspicion of intoxicated driving is one of the most stressful things a person can experience. Your heart is racing, an officer is at your window, and you have no idea what to say or do. The choices you make in those first moments can have real consequences for your case. Understanding what officers are looking for, what you are and are not required to do, and what happens next can make a significant difference in your outcome.

What Officers Are Looking for the Moment They Approach

A traffic stop for suspected intoxicated driving is not a casual conversation. From the moment an officer approaches your vehicle, they are building a picture. One of the first things they may note is whether they detect the smell of alcohol. If you acknowledge that you have been drinking, that admission becomes evidence in the investigation.

Officers are also trained to observe how you retrieve your insurance and registration. It may seem routine, but this is what is known as a divided attention test. The concept mirrors the divided attention required to operate a vehicle safely – using the gas and brake while checking your mirrors at the same time. If you stop looking for your documents in order to answer a question, that observation goes into the officer’s notes. Being prepared with your documents organized and easy to access removes one variable from that equation.

Do You Have to Perform Field Sobriety Tests?

This is one of the most common questions we hear, and the answer is straightforward: no. You are not required to perform field sobriety tests in Oregon. The officer may ask more than once, and they may ask you to perform tests that seem purely physical in nature. The answer is still no.

There is one important thing to understand: your refusal can potentially be referenced later if your case goes to trial. However, field sobriety tests are subjective evaluations that are often used to build additional evidence against you. In many situations, declining is the more protective choice. Speak with an attorney as soon as possible about what is best for your specific circumstances.

How to Handle Being Arrested

If the officer has made a determination to arrest you, that moment is not the end of the process – it is the beginning of it. The arrest is made by one person based on what they observed on the street. What follows involves a prosecutor, a judge, and your attorney. The officer’s assessment is not the final word.

Even if you believe the arrest is unjust, do not argue and do not resist. It will not help your case, and it can make things significantly worse. Remain calm. Comply with the physical aspects of the arrest. Save your arguments for the courtroom, where they belong and where they can actually make a difference.

Contact an Attorney Immediately – Do Not Wait

This is the most important step you can take after an arrest for intoxicated driving, and it needs to happen as soon as possible. From the day of your arrest, a clock is ticking. You may have a limited window to request a hearing to challenge your DMV license suspension. Missing that window has real consequences.

Every day that passes is a day your attorney could be working on your case. Details are fresher. Evidence is more accessible. Options are more available. People often assume they can wait until their court date gets closer before reaching out to a lawyer. Please do not make that mistake. Contact an attorney you trust immediately and bring them into your case from day one.

We can negotiate the most favorable outcome possible for your case, in order to minimize the negative consequences on you and your family.