Best Drunk Driving Lawyers in Oregon

About Drunk Driving Law in Oregon, United States

Drunk driving, legally referred to as Driving Under the Influence of Intoxicants (DUII) in Oregon, is a serious criminal offense. The state has strict laws aiming to prevent accidents and injuries caused by impaired drivers. Driving while under the influence of alcohol, prescription medication, or illegal substances can result in criminal charges, fines, and license suspension. DUII law in Oregon applies not only to those driving cars but also to individuals operating motorcycles and even bicycles while impaired.

Why You May Need a Lawyer

Facing DUII charges can be overwhelming, and many people are unsure about their rights and legal options. Hiring a lawyer is recommended if you experience any of the following situations:

• You have been arrested or cited for DUII.
• You face repeat offenses or have an extensive driving record.
• You refused to take a breathalyzer or blood test at the request of law enforcement.
• Your DUII incident caused an accident, injury, or death.
• You are concerned about losing your driver’s license, your job, or facing jail time.
• You want to contest the charges or negotiate a plea bargain.
• You need guidance through Oregon’s DUII Diversion Program.

An attorney can help ensure that your rights are protected, evaluate the evidence against you, and guide you through the complex court process.

Local Laws Overview

Oregon has several laws and regulations specific to DUII:

• Legal Blood Alcohol Content (BAC) Limit: For drivers 21 and over, the legal BAC limit is 0.08 percent. For commercial drivers, it is 0.04 percent. Minors under 21 cannot have any measurable alcohol in their system while driving.
• Implied Consent Law: By driving in Oregon, you automatically consent to breath, blood, or urine tests if law enforcement suspects you are impaired. Refusal results in immediate license suspension and possible fines.
• Penalties: Penalties for a first-time DUII can include mandatory minimum jail time, hefty fines, license suspension for at least one year, and mandatory installation of an ignition interlock device (IID) on your vehicle. Repeat offenses carry harsher penalties.
• Diversion Program: Oregon offers a Diversion Program for eligible first-time offenders. Successful completion allows the charge to be dismissed, but participation includes fees, treatment requirements, and abstaining from alcohol for the program’s duration.
• Zero Tolerance for Minors: Drivers under 21 face automatic license suspension for any detectable amount of alcohol or drugs.
• Out-of-State Drivers: Oregon reports DUII convictions to other states. Penalties can impact your driving privileges elsewhere.

Frequently Asked Questions

What happens if I am pulled over and refuse to take a breathalyzer test?

Under Oregon’s implied consent law, refusal to take a breath, blood, or urine test results in an automatic license suspension for at least one year and additional fines, even if you are not ultimately convicted of DUII.

Can I lose my license immediately after a DUII arrest?

Yes, your license can be suspended immediately. Law enforcement can issue a temporary permit valid for 30 days, after which the suspension takes effect unless you contest it.

What are the penalties for a first-time DUII offense in Oregon?

Penalties can include a minimum jail sentence or community service, fines, a one-year license suspension, required installation of an ignition interlock device, participation in a drug or alcohol treatment program, and probation.

Is jail time mandatory for a first DUII conviction?

A first conviction typically carries minimum jail time, but alternatives such as community service and participation in the Diversion Program may be available, depending on your circumstances.

What is the Oregon DUII Diversion Program?

The Diversion Program is designed for first-time offenders. It allows you to avoid a criminal conviction by completing requirements like treatment, abstaining from alcohol, paying fees, and installing an ignition interlock device.

Are DUII laws different if I am under 21?

Yes. Oregon has a zero tolerance policy for drivers under 21. Any amount of alcohol in your system will result in license suspension and other penalties.

What happens if I am convicted of multiple DUII offenses?

Penalties for multiple convictions are much more severe and may include longer jail sentences, permanent license revocation, higher fines, and extended IID requirements.

Can I drive to work if my license is suspended?

You may be eligible for a hardship permit that allows driving to work, school, or medical appointments. Strict rules apply, and eligibility varies by case.

Will a DUII conviction stay on my record forever?

DUII convictions in Oregon remain on your criminal record permanently and are not eligible for expungement. This can impact employment, insurance, and other aspects of your life.

Do I need a lawyer for a DUII charge?

While you are not required to have a lawyer, legal representation is highly recommended to protect your rights, evaluate evidence, navigate the legal system, and negotiate possible plea deals or diversion opportunities.

Additional Resources

• Oregon Department of Motor Vehicles (DMV) - Provides information on license suspensions, ignition interlock requirements, and hardship permits.
• Oregon State Police - Offers information on DUII enforcement and statistics.
• Oregon Circuit Courts - Handles DUII arraignments and trials.
• Oregon Health Authority - Lists certified DUII treatment programs and services.
• Oregon State Bar Lawyer Referral Service - Connects individuals with qualified defense attorneys.
• Oregon DUII Task Force - Educates the public and advocates for highway safety.

Next Steps

If you are facing DUII charges or have been arrested for drunk driving in Oregon, consider the following steps:

• Do not discuss your case with law enforcement or prosecutors before speaking with an attorney.
• Contact a qualified DUII defense lawyer as soon as possible to discuss your situation and legal options.
• Request a DMV hearing within 10 days of your arrest if you wish to contest your license suspension.
• Gather documents such as your citation, police report, and any paperwork provided at the time of your arrest.
• Consider whether you may be eligible for Oregon’s DUII Diversion Program.
• Follow all court instructions, including appearance dates, treatment evaluations, and any temporary driving restrictions.

Legal assistance can make a significant difference in the outcome of your case. Acting promptly helps protect your rights and provides the strongest possible defense.