Frequently Asked Questions

This page can provide answers to some frequently asked questions.

 

How can you determine blood alcohol?

Answer: A blood alcohol test measures the amount of alcohol (ethanol) in your body. Alcohol is quickly absorbed into the blood—within 40-70 minutes after consumption. The amount of alcohol in the blood reaches its highest level about an hour after drinking, though food in the stomach can slow absorption. When taken in large amounts, alcohol sedates and depresses the central nervous system. Because alcohol reduces tension and inhibitions, drinking tends to make people feel relaxed and confident. Drinking alcohol can cause a lack of coordination, blurred vision, slurred speech, and stupor (unresponsiveness). High volume alcohol consumption leads to tolerance of the effects of alcohol, creating a tendency to increase consumption to gain the previous effect.

 

What is the impact as blood alcohol level rises?

Number of drinks per hour* Blood alcohol concentration (BAC)	Observable effects on mind and body function.
1–20.02	Relaxation, slight body warmth
30.05	Sedation, tranquility, slowed reaction time
60.10	Slurred speech, poor coordination, slowed thinking
120.20	Difficulty walking, double vision, nausea, vomiting
180.30	May pass out, tremors, memory loss, cool body temperature
240.40	Difficulty breathing, coma, possible death
300.50 and greater	Death

*1 drink = 1.5 fl oz(44 mL) liquor (80 proof) or one glass [5 fl oz(148 mL)] wine or one glass [12 fl oz(355 mL)] beer. Note: BAC and the effects of drinking alcohol vary from person to person and depend upon body weight, the amount of food eaten while drinking, and each person's ability to tolerate alcohol.

What are Mr. Cunningham's legal fees?

Answer: Mr Cunningham's fees are start at $950 for a DUI defense that does not go to trial. Mr. Cunningham generally charges a flat fee. A number of factors can increase the rate, including the severity of the underlying charge(s), whether a motion to suppress or other motions will be filed in the case, and whether a trial is anticipated in the case. There may be additional fees for expert witnesses and private investigators—though such witnesses will only be called after you approve the fees that might be incurred.

 

	What if I refused to take the blood test? Answer: Refusal to submit to a breath test in Oregon can result in a one-year suspension of your license and a mandatory $500 fine.

 

 

What if I disagree with the results of the breath test?

Answer: After taking the test, you will have a opportunity upon request and at your own expense, to have a blood alcohol test performed by a qualified person of your choice.

 

Could I blow a positive reading this morning from the drinking I did last night?

Answer: Yes, It is possible if you drank enough that your body did not have time to process the alcohol... This risk increases if a late night of drinking was followed by an early rise.

If you put a penny in your mouth will it lower your breath alcohol reading?

Answer: No. This is an urban legend.

Can use of mouthwash produce a reading of 0.02 or greater on a breath alcohol detection device after a fifteen minute deprivation period?

Answer: No.

Is it true that law enforcement officers look for tell-tell symptoms of a drunk driver?

Answer:

• Forgetting to turn the vehicle's headlights on
• Weaving laterally
• Lazy turns (wide turning radius)
• Hugging the center lane marker
• Almost hitting objects or vehicles
• Driving more than 10 mph below the speed limit
• Crossing over the center lane into opposing traffic
• Delayed response to turn signals and traffic signals
  
  

If I have been pulled over what signs is an officer looking for in investigating for DUI?

Answer:

• A flushed (reddened) face
• Bloodshot, red, and or watery eyes
• Slurred speech or talking unusually fast
• Difficulty in following directions
• Trouble locating ID/registration/insurance
• The odor of alcohol
• Trouble getting out of the vehicle
• Fidgety, scratching
  
  

If the officer asks if I have been drinking or using any controlled substances, what should I say?

Answer: You are not required to make any incriminating statements. With calmness and respect you should convey that you would like to speak with an attorney before answering questions.

What should I do if the officer wants me to take field sobriety tests?

Answer: You should politely refuse these tests. Often the officer already has made a conclusion and is using these tests to help build a case against you.

Can't I represent myself?

Answer: Yes. You have a constitutional right to represent yourself. It is a horrible mistake in almost all cases. A judge will probably advise you of the risk of proceeding without an attorney. An attorney knows the many details of current law. Good counsel can point out improper conduct by a law enforcement officer, do research, and write legal motions beneficial to your case.

A lawyer can question the State's expert witnesses and find the facts that may help turn your case. In short a laywer will reduce your stress, make sure you don't forget or omit important steps and quite possibly save you a conviction.

 
What parts of the State of Oregon does Mr. Cunningham serve?

Answer: As an Oregon's #1 DUI Defender, Mr. Cunningham serves clients all over the state —including Central, Southern and Eastern Oregon Oregon. However, the majority of his cases are concentrated in the following counties and cities:

Multnomah County	Washington County	Clackamas County
Portland	Hillsboro	Oregon City
Gresham	Beaverton	Tigard
Lake Oswego	West Linn	Tualatin
Troutdale	Sherwood	Wilsonville
Woodburn	Sandy	Gladstone
Forest Grove	Estacada	Canby

 

 

 

E-mail: james.cunningham@oregonduiattorney.com