Best DUI & DWI Lawyers in Oregon

About DUI & DWI Law in Oregon, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious criminal offenses in Oregon. The state enforces strict laws against operating a motor vehicle under the influence of alcohol, drugs, or a combination of both. In Oregon, these offenses are commonly referred to as DUII (Driving Under the Influence of Intoxicants). Law enforcement takes DUII offenses very seriously, and conviction can result in severe legal, financial, and personal consequences. Understanding your rights and responsibilities is crucial if you are facing DUII charges in Oregon.

Why You May Need a Lawyer

Individuals charged with DUII in Oregon may face complex legal proceedings and harsh penalties. Here are some common situations where legal help is essential:

• You have been arrested or charged with DUII and are unsure about what steps to take next.
• You want to challenge aspects of the arrest, such as the accuracy of breathalyzer or field sobriety test results.
• You are concerned about the potential impact on your driver's license, employment, and personal life.
• You have prior DUII offenses that may lead to enhanced penalties.
• You are navigating the court system for the first time and need experienced representation to negotiate outcomes or plea deals.

A knowledgeable attorney can explain your options, represent you in court, and work toward minimizing or mitigating the consequences of a DUII charge.

Local Laws Overview

DUII laws in Oregon are outlined under Oregon Revised Statutes section 813.010 and related laws. Key aspects include:

• Legal Blood Alcohol Concentration (BAC) Limits: For most drivers, the legal BAC limit is 0.08 percent. For commercial drivers, it is 0.04 percent.
• Zero Tolerance for Underage Drivers: Any measurable amount of alcohol can result in DUII charges for drivers under 21 years old.
• Implied Consent Law: By driving in Oregon, you consent to blood, breath, or urine testing if officers suspect impairment. Refusing a test leads to automatic license suspension and other penalties.
• Penalties: Even a first-offense DUII can result in jail time, fines, mandatory education or treatment programs, and a one-year license suspension. Penalties increase with multiple offenses.
• Oregon Diversion Program: Qualifying first-time offenders may enter a diversion program, which can eventually lead to dismissal of the charge if successfully completed.
• Aggravating Circumstances: Penalties are more severe if the DUII involved injury, a high BAC, or minors in the vehicle.

Frequently Asked Questions

What is the difference between DUI, DWI, and DUII in Oregon?

In Oregon, the official term is DUII (Driving Under the Influence of Intoxicants), which includes alcohol and controlled substances. DUI and DWI are terms used in other states, but they refer to essentially the same offense.

What are the penalties for a first conviction of DUII in Oregon?

A first DUII conviction can result in up to one year in jail, fines up to $6,250, a one-year license suspension, mandatory victim impact panels, and either probation or diversion programs, depending on eligibility.

Can I refuse a breathalyzer or field sobriety test in Oregon?

You have the right to refuse a breathalyzer or chemical test, but refusal will trigger an automatic license suspension and can be used as evidence against you in court.

How long does a DUII stay on my record in Oregon?

A DUII conviction stays on your criminal record permanently in Oregon, which can impact future sentencing, employment, and insurance rates. The offense is not eligible for expungement.

Can I get my license back after a DUII suspension?

After the suspension period ends, you may apply to reinstate your driver's license. This may require completion of an alcohol treatment program and payment of reinstatement fees.

Am I eligible for the Oregon DUII Diversion Program?

Most first-time offenders without injuries or recent prior DUII convictions are eligible for the DUII Diversion Program, which diverts prosecution in exchange for meeting strict requirements.

What happens if I am charged with DUII for drugs, not alcohol?

DUII covers impairment by any intoxicant, including illegal, prescription, and even some over-the-counter drugs. The procedures and penalties are similar to those for alcohol-related DUII.

Will a conviction affect my job or insurance?

Many employers and insurance companies view DUII convictions very seriously. You may face job loss, difficulty finding employment, and increased auto insurance premiums.

Do I need a lawyer for a DUII charge in Oregon?

While you can represent yourself, having a lawyer significantly increases your chances of defending against the charges or negotiating favorable terms, especially given the complexity of DUII law.

Can my DUII charge be dismissed?

In some cases, charges can be reduced or dismissed due to procedural errors, improper testing, or participation in a diversion program. An experienced attorney can evaluate your case for possible defenses.

Additional Resources

Here are some resources and organizations that provide information and support related to DUII in Oregon:

• Oregon Department of Transportation Driver and Motor Vehicle Services Division (DMV)
• Oregon State Bar Lawyer Referral Service
• Oregon Criminal Defense Lawyers Association
• National Highway Traffic Safety Administration (NHTSA)
• Local court websites for city or county-specific procedures
• Substance abuse counseling and treatment centers in your area

Next Steps

If you have been charged with DUII in Oregon or have questions about your legal options, consider the following actions:

• Contact a criminal defense attorney with experience in Oregon DUII cases as soon as possible after your arrest.
• Request a DMV hearing promptly if your license is at risk of suspension - there are strict deadlines.
• Gather information about your arrest and the circumstances leading up to it, including any documentation or police reports.
• Attend all required court dates and meetings related to your case.
• Explore eligibility for diversion or treatment programs with your lawyer’s help.

Dealing with a DUII charge in Oregon can be overwhelming, but with the right support and information, you can make informed decisions and work toward the best possible outcome.