Washington County Oregon DUII Lawyers

Oregon DUII Attorneys

Driving under the influence, driving while intoxicated, drunk driving. Everyone makes mistakes, and if you do, you can depend on our firm to provide professional, compassionate representation, while protecting your rights and using every tool at our disposal to ensure an outcome that minimizes the impact on you, through a discrete plea agreement or diversion, or an aggressively contested trial.

Oregon DUII Law

Oregon DUII arrests (often called DUI or DWI) trigger two separate cases: (1) a criminal case, where significant punishment including jail time, fines, mandatory classes, required ignition interlock devices, and other consequences are sought; and (2) a DMV case, where the person's driver's license may be suspended from anywhere from 90 days, to three years.

The DMV Case

IMPORTANT: To contest a DMV suspension, you must request a hearing with the Oregon DMV, in writing, within ten days of the arrest. Failure to do so will mean that DMV will suspend your license without a hearing. If you request a hearing, then the officer must appear at an administrative hearing, and provide evidence that there was reason to believe you were driving under the influence, and that the officer either performed the breath test accurately, or that you refuse the test.

The Criminal Case

Oregon DUI / DWI law does not require that you be drunk to be convicted of Oregon drunk driving. In Oregon, you may be convicted of DUII if you are merely affected to some perceptible degree by the intoxicant you have consumed. The test is whether you lack the clearness of mind and physical control that you normally possess because of the intoxicant you have consumed. Intoxicants include drugs, alcohol, or a combination of both. If you are in such a physical condition through the use of medication, drugs or even fatigue so that you become affected by a lesser amount of intoxicant than would normally affect you, you may still be found guilty of the charge of driving under the influence of intoxicants if your mental or physical faculties are affected to a noticeable degree.

Being convicted of Driving under the influence of intoxicants (DUII) has extremely serious consequences and penalties. If found guilty a first DUII, you could be fined a maximum of $6,250 up to $10,000, depending on the facts of your case. Your driver's license will be suspended for one year, and you will be required to submit to an alcohol evaluation at your own expense and to complete any treatment program recommended by the evaluator, and you could receive one year in the county jail.

On a first DUII the court is most likely to order:

18 months to 24 months of probation;
At least 48 hours in jail or at least 80 hours of community service;
Court costs and various fees and assessments totaling about $400;
A mandatory minimum fine of $1,000;
That you obey all laws during the probation period;
That you not drink alcohol or use or possess drugs;
That you attend a Victims Impact Panel.

For a second DUI conviction the mandatory minimum fine will be $1,500.00, and the driver's license suspension may be elevated to 3 years.

For a third DUI conviction the fine will be a minimum of $2,000.00, and your driver's license could be revoked for life.

If you are convicted of a fourth DUI you may go to prison for over 1 year and suffer a lifetime drivers license revocation.

Obviously, the jail sentence imposed on a second or third DUI offense will be significantly greater than the sentence imposed on a first DUI offense. The only way to keep from going to jail or being incarcerated is to fight your DUI case and win.

Oregon DUII cases may not be plea-bargained to lesser charges. While plea deals of this type are common in some states, in Oregon this practice is prohibited by state law.

Diversion

For a first time offender, Diversion may be an option. Under state law, a person who has not been convicted of a DUII or participated in another Diversion type program within the last fifteen years, can apply for Diversion. Diversion requires you to plea guilty or no contest to the charge and agree to undergo alcohol assessment and treatment. There are also fees and costs. Diversion is not available if you’ve been in court ordered alcohol or drug treatment within the past fifteen years, if there was an injury accident associated with your DUII, or if you have a CDL (Commercial Drivers License). There are also many other discretionary factors a Judge may consider to disqualify a person from entering a Diversion program. Because you have to enter a guilty or no contest plea to enter Diversion, you should have lawyer review the police reports and the DMV materials, including the breath test documentation, prior to entering the program.

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