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Portland Criminal Defense Attorney: Is Implied Consent Inherently Coercive?

A case last year in the Oregon Supreme Court raised the issue of whether implied consent is actually inherently coercive. In this case, State v. Moore, a driver was arrested for reckless homicide for causing a head on crash while allegedly driving under the influence of intoxicants. While at the hospital being treated for injuries, a police officer came and read him a statement regarding implied consent prepared by the Oregon DMV, including the penalties for refusing. Because of these penalties, the defendant’s Portland Criminal Defense Attorney argued that the law was coercive and that the defendant did not voluntarily consent to the search. The Oregon Supreme Court disagreed and upheld his conviction.

Portland Criminal Defense Attorney on Implied Consent

“Implied consent” means that, because you are driving a vehicle, you are consenting to the fact that, if pulled over, you will be required to submit to a blood and alcohol test if there is probable cause. Because driving is a privilege and not a right, a person concedes certain rights in exchange for this privilege. Therefore even with the fines and penalties associated with refusing to submit to a blood and alcohol test, the Court ruled that these penalties are not in and of themselves coercive in attempting to collect a sample from an alleged intoxicated driver.

Even still, there are times when police find evidence against a person using coercive tactics. If you feel this happened to you, contact a Portland Criminal Defense Attorney today to learn your rights. If it can be shown that the police used illegal tactics to collect evidence against you, that evidence can be suppressed, leading to charges being dropped.

If you have been arrested, you need an aggressive Portland Criminal Defense Attorney who will fight for your rights. Contact Corbridge & Kroll today to discuss your case.

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