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.
We have decades of combined experienced in criminal defense helping thousands of clients navigate, understand and overcome a difficult time.
Some of our attorneys have worked as prosecutors while the supervising attorney (Rob Harris) spent 10 years as a Municipal Court traffic Judge. Our attorneys are recognized and respected in all courts throughout the Portland Metro area and surrounding counties.
You can depend on our qualified and experienced DUI criminal defense attorneys 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.
Being arrested for DUI takes a toll on you financially and is extremely stressful for your family as well as yourself. So WHAT happens after a DUI Arrest?
Our DUI Lawyers
Oregon DUII Laws
Oregon DUII arrests (often called DUI or DWI) trigger two separate cases: (1) DMV case, where the person’s driver’s license may be suspended from anywhere from 90 days to three years and (2) a DUII criminal case, where significant punishment including jail time, fines, mandatory classes, required ignition interlock devices, and other consequences can be imposed.
First, the DMV case: This is the DMV process, which will determine your right to drive in Oregon granted by DMV. It’s not a criminal process, but it can be critical to how your criminal DUI case will be resolved. Read More….
The Second is the DUI criminal prosecution: This is the case that will proceed through criminal court. Either Oregon Circuit Court, or in some cases a City (Municipal) Court if the place you were arrested has a Municipal Criminal Court. (The most active DUII Municipal Courts locally are in Beaverton and Lake Oswego.) Read More about the Criminal Process.
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
DMV Suspension Because of DUII Arrest
The DMV Case: License Suspension
When you were arrested for DUII, you most likely were asked to take a breath test to measure your blood alcohol content (B.A.C). If you refused, or if you failed the test by blowing a .08 or higher, your right to drive in Oregon is scheduled to be suspended 30 days from the date of your DUI arrest.
Avoiding DMV – DUII License Suspension
If you want to avoid the DMV license suspension, you have only 10 days from the date of your arrest to contact the DMV and schedule a hearing. You need to act quickly and retain an attorney who knows what they’re doing and who can preserve your right to a hearing.
The DMV hearing is a critical stage for the DUII defense attorney since it’s not only a chance to avoid a suspension, but a chance for your attorney to question the police officer who arrested you.
Even if you believe you may be guilty of DUII, an experienced attorney can sometimes avoid a license suspension, or use the information obtained at the DMV hearing to help you achieve a favorable outcome in your criminal case.
It’s critical to hire a DUII Lawyer as soon as possible so you can effectively use the DMV hearing opportunity. Call one of our attorneys today for a free phone consultation 503-648-4777 and a flat fee quote.
The DUI Criminal Case
Oregon DUII/ DWI law does not require that you be drunk to be convicted of a crime in Oregon. You may be convicted of DUII if you are merely “affected to a noticeable and perceptible degree” by the intoxicant you have consumed. The analysis 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.
Drug or prescription medication DUII
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.
Am I Eligible for Diversion?
What is Diversion?
For a first time offender, Diversion may be an option. Under Oregon state law, a person who has not been convicted of a DUII or participated in another Diversion type program within the last fifteen years may be able to apply for Diversion and avoid a DUII conviction. The diversion requires you to plead guilty or no contest to the charge and agree to undergo an alcohol assessment and treatment, among other requirements. There are also fees and costs.
In addition to having a DUII conviction and/or having a Diversion within the past 15 years, diversion will not be available to you if: you’ve been in court-ordered alcohol or drug treatment within the past fifteen years, 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 an experienced DUI lawyer review the police reports and the DMV materials, including the breath test documentation, prior to entering the program.
What are the Penalties for a DUI conviction in Oregon?
Being convicted of Driving under the influence of intoxicants (DWI/DUI/DUII) has extremely serious consequences and penalties. If found guilty of a first DUI, 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. You could also receive up to 364 days in jail.
What Can I get for a First Time DUII Conviction in Oregon
On a first DUI – DWI – DUII the court is most likely to order at a minimum:
- 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.
- A driver’s license suspension of one year.
Second DUI conviction
The mandatory minimum fine will be $1,500.00, and the driver’s license suspension may be elevated to 3 years. Additionally, the probation term may be longer, you may have more strict rules of probation, and the jail time increases significantly. The jail time will depend on which court you are in (Which is why it’s critical to hire an experienced attorney who focuses their practice on DUI cases in the geographic location where the incident occurred).
Third DUI conviction
A third DUI conviction can be a Felony in Oregon and you can face a prison term, not just local jail. The maximum time on a Class C Felony is 5 years in prison. But the standard sentencing range will be based on your record. In any event, it can be at least 90 days in jail and you could face 13-14 months in prison. It could even be more if you have other non-DUI felonies on your record. You need to talk to an attorney who knows DUI sentencing guidelines in order to get a fair estimate of what sentence could be imposed in your case. A third DUI also includes a fine of at least $2,000.00, and your driver’s license could be revoked for life.
More than Three DUI convictions
If you have four or five or more DUI arrests and convictions, you will most certainly be facing a prison term of at least 18 months, as well as the lifetime suspension of your driver’s license and mandatory fines.
How Much Jail Will I serve?
This is a case-by-case analysis. But 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.
Can I Get a DUI reduced?
Oregon DUI 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. So, if you want to get a DUI dismissed, you will need to go to trial and win.
Do I need a DUI Attorney?
The DUI defense team at Harris Velázquez Gibbens is dedicated to providing aggressive and comprehensive defense to individuals who have been arrested for DUII. Our attorneys focus their practices on DUI defense cases. We will be with you in court every time, making sure that your rights are respected and that you are treated fairly. Punishments for DUI are severe so be sure to hire the best DUII attorney you can afford.
For a Free Phone Consultation, call our office during business hours and you will talk to one of our highly rated DUI attorneys at no charge. We can further explain the process and give you a firm flat fee retainer quote before you come in.