DUII Defense, Diversions, and DMV License Suspensions
Arrested for DUII?
Professional Experienced DUII Defense Attorneys Can Help. For a free case evaluation call 503-648-4777 during normal business hours and speak with a highly rated DUII Defense attorney immediately.
The consequences of driving under the influence of intoxicants (DUII) in Oregon are both harsh and costly, usually resulting in jail time, fines, ignition interlock, and mandatory drug or alcohol treatment. Depending on whether you are a 1st, 2nd, or felony DUII defendant, penalties may include jail time or prison, 1-year, 3-year, or permanent license revocation, and up to thousands of dollars in fines. A third DUII offense in Oregon can be a Class C Felony.
Chapter 813 Legislation
Chapter 813 Driving Under the Influence of Intoxicants (“DUII”) is Oregon state’s Statute for enforcement and sentencing of DUII offenders with higher than permitted blood alcohol content or who are adversely affected by alcohol or drugs while driving. The state’s DUII legislation also accounts for intoxication while driving under a controlled substance or inhalant leading to impairment of a driver’s ability to safely operate a motor vehicle. The following criteria for DUII blood alcohol level concentration testing apply:
- As with most U.S. states, Oregon defines DUII as a violation of the drinking and driving laws while under the influence of intoxication at a blood alcohol concentration of 0.08 percent or when a driver is adversely affected to a noticeable degree while driving even if ones blood alcohol level is below the legal limit.
- “Super DUII” or high blood alcohol (BAC) concentration 0.15 cases are convicted with DUII enhancement resulting in higher penalties.
Our Hillsboro, OR DUI Lawyers
Oregon’s rules require that drivers arrested for driving under the influence of intoxicants, automatically consent to blood, breath, or urine test.
Refusal to submit to a field test may serve as evidence in court results with driver’s license suspension. Suspension for denial of implied consent for field testing is a separate suspension than the 1-3 Year Driver’s License Suspension corresponding to DUII conviction. If an order for suspension is upheld, the Driver and Motor Vehicle Services Division (DMV) adheres to the following state guidelines: (NOTE: DMV DOES NOT IMPOSE THESE PENALTIES; THE COURT DOES)
- DUII Conviction under 813.010:
- First offense: 48 hours to up to 1 year in jail, plus a minimum fine of $1,000
- Second offense: 48 hours to up to 1 year in jail, plus a minimum fine of $1,500
- Third or greater offense within the past 10 years: 90 days to a maximum of 5 years in jail, plus a minimum fine of $2,000 (if not sentenced to a term of imprisonment)
- Refusal to take a breath or urine test
- A fine of $650 to $1,000 (813.095)
- Driver’s license suspension
Avoiding DMV License Suspension
The Oregon DMV permits appeals of license suspension during the initial 10 days from the date of arrest. A request for appeal involves contacting the DMV to schedule a hearing. The hearing presents the defendant’s defense and serves as a separate court record of the criminal DUII case. Depending on the circumstance, an experienced defense attorney specializing in criminal DUII matters can guide you through the legal process and help you to avoid a license suspension in a criminal matter.
Diversion Program Eligibility
Diversion programs are offered in response to a Defendant’s guilty or no contest plea in court. Defendants with court-ordered alcohol or drug diversion on Oregon record within the past 15-years are ineligible.
Those with a CDL (Commercial Drivers License) or injury accident associated with the DUII case in question, are also automatically disqualified from entering an alcohol or drug diversion program instead of community service. A criminal defense lawyer can assist you by advocating for diversion program eligibility in an Oregon court.
DUII Sentencing Laws
In Oregon, notwithstanding diversion program entry, DUII defendants cannot plea-bargain for lesser charges. Defendants on their first or second DUII conviction could receive jail time or probation. Third-time offenders can be sentenced to prison time and stiffer penalties.
Recidivists with four or more DUII convictions on record can face prison time, as well as lifetime suspension of driving privileges, as well as mandatory fines. DUII dismissal is difficult if there are multiple offenses already on record. The no plea bargain rule in Oregon courts requires defendants contesting charges to go to trial to absolve allegations of wrongdoing.
Hillsboro, OR DUII Law Firm
Harris Velázquez Gibbens can assist you to avoid or reduce the headache of DUII penalties.
Punishments for DUII in Oregon are severe. There are times in our life that only a licensed attorney can help. DUII charges are one of those moments. An arrest record with a pre-existing conviction on record containing drug charges, personal injury, reckless driving can compound a drunk driving offense, leading to additional charges and the removal of driving privileges indefinitely.
By seeking consultation with a Hillsboro, OR DUII lawyer, you can sometimes avoid the more punitive court actions related to a criminal DUII conviction. With the assistance of an attorney, there is a higher probability that you will be able to seek the reduction of a lengthy jail or prison sentence and excessive penalties that might otherwise be assigned to your case. Contact a licensed attorney practice experienced in matters of DUII defense representation, to find out more about the legal rules and procedural steps related to abstaining charges.
Why Hire Us?
The Winning Edge – Second Look, Second Opinion
There are a lot of DUII lawyers in Oregon. Why hire us? We offer something that few lawyers can offer. Every week our criminal defense team of five lawyers meets to review police reports, plea offers, and to discuss trends and changes in the courthouse. You are guaranteed that your police report will be reviewed, and your plea offer and available defenses will be discussed, at our weekly team meetings.
Whether it’s the newest court of appeals decision, new court policies that were recently imposed, a change in sentencing policy at the DA’s office or even a new Judge on the trial rotation. Our team approach and regular meetings makes sure that we are aware of all factors that could affect your case.
Call 503-648-4777 now to get your case on our next team meeting schedule
Hillsboro, OR DUII Lawyer Team
The DUII legal team at Harris Velázquez Gibbens in Hillsboro, OR is committed to providing aggressive and comprehensive legal services for clients arrested under allegations of drunk driving and traffic crimes in a legal matter. Our attorneys have the right legal experience. Several of our criminal defense lawyers have worked as county prosecutors. Supervising attorney Rob Harris is a defense lawyer, who spent 10 years as a Municipal Court traffic Judge. Our full-service law firm is recognized and respected in all courts throughout the Portland Metro area and surrounding counties.
At times it seems the right legal services are not available. Not to worry, the solution is at hand. Depend on defense assistance from our qualified attorneys. By seeking legal consultation in a DUII drunk driving matter, the options become clearer. An initial consultation from our experienced Hillsboro DUII criminal defense attorneys will assist you by protecting your rights from criminal charges connected to drunk driving offenses. We offer clients the most effective defensive strategies and assertive representation.