Oregon Criminal Defense Lawyers

MyOregonDefenseLawyer.com

Free Initial Consultation

(888) 205-9314

  • Home
  • Criminal Charges & Sentencing
  • Criminal Court Process
  • About Us
    • Disclaimer / Privacy Policy
  • Defense Blog

Oregon Supreme Court Hearing Case of DUI Blood Tests

December 18, 2009

Do the police have a right to draw blood from a person they suspect of DUI? Or does that person have a right to refuse that kind of search without fear of legal ramifications? These are the kind of questions that were asked earlier this week by attorneys in front of the state’s Supreme Court.

Like most other states in the country, Oregon has “implied consent” laws. When you are a licensed driver it is “implied” that you “consent” to any blood alcohol tests, whether blood or breath, which may be performed by legal officials. Under this “implied consent”, if you refuse the tests, you can potentially lose your license.

Attorney John Kroger argued the position that no search warrant should be necessary for blood draws and the law should remain as-is. On the other hand, Peter Gartlan, head of the Office of Public Defense Services, defends the position that a search warrant should be required to ensure the rights of the people are protected, as the Constitution states they should be.

Gartlan argues an implied consent blood draw is an unreasonable search. Truthfully, if probable cause exists for the search, why shouldn’t the police be able to obtain a warrant? Kroger pointed out that the time it would take to obtain a warrant could hinder the state’s ability to get positive blood tests, simply due to the fact that blood alcohol content decreases with time.

As Justice Michael Gillete states in this article from The Statesman Journal, “Our Constitution often puts government at a significant disadvantage. That’s what it’s there for.”

His statement couldn’t be more on target. The Constitution is there to protect our rights. This can be inconvenient for people who represent the interests of the government, but necessary to maintain a fair system rather than a police-state.

If you are facing charges of DUI or any other criminal matter, the right defense attorney will be there to ensure your Constitutional rights are protected. Contact me to discuss your case today.

Filed Under: DUII

Free Consultation

If you are accused of a criminal offense in Oregon courts, please contact us for a case evaluation and initial legal consultation at:


(888) 205-9314


Receive our free legal defense consultation and case evaluation. We'll explain what you are facing in plain language, and tell you how we can help.

Criminal Laws

  • Assault
  • Burglary
  • Criminal Mischief
  • Disorderly Conduct
  • Domestic Violence / Assault
  • Drug Possession
    • Marijuana Possession
    • Cocaine Possession
    • Heroin Possession
    • Methamphetamine Possession
    • Drug Delivery/Manufacturing
  • Driving on a Suspended License
  • Drunk Driving / DUII
  • DUII 2nd Offense
  • Failure to Appear
  • Fraud / Forgery / Worthless Checks
  • Harassment / Stalking
  • Hit and Run
  • Reckless Driving / Careless Driving
  • Restraining Order Violations
  • Robbery
  • Shoplifting / Theft
  • Weapons Charges
Copyright © 2025 Get Lawyer Leads, Inc.
THIS IS AN ADVERTISEMENT. This is not a law firm or referral service and does not provide legal advice. This is a free matching service only, claim reviews will be performed by a third party attorney. An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. Services are not available in all states.