Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
DUI and DWI are common shorthand terms for crimes involving impaired driving. In Oregon the statutory term is DUII - driving under the influence of intoxicants - and it covers operating a motor vehicle while impaired by alcohol, marijuana, other drugs, or a combination of intoxicants. Oregon City is in Clackamas County and is subject to Oregon state law as well as local court procedures. Enforcement can involve a traffic stop, field sobriety testing, a request for a chemical test - breath, blood, or urine - and both administrative and criminal proceedings.
Facing a DUII charge can have serious consequences for your freedom, finances, job, and driving privileges. You may need a lawyer if you are dealing with any of the following situations:
- You were arrested after a traffic stop and charged with DUII.
- You refused or submitted to a chemical test and face an administrative license suspension.
- You have prior DUII or related convictions that increase penalties.
- The arrest involved an accident, injury, or fatality - potential felony exposure.
- You are a commercial driver, a driver under 21, or are accused of driving with a high BAC or drugs in your system.
- You believe procedural errors, incorrect testing, or improper police conduct affected your arrest.
- You need help understanding plea offers, diversion options, or mitigation steps to reduce consequences.
Key aspects of Oregon and local practice that are especially relevant in Oregon City include the following:
- Statutory standard - Oregon defines DUII under ORS 813.010 as driving while under the influence of intoxicants or with a blood alcohol concentration at or above the legal limit. The statute applies to alcohol, marijuana, prescription medications, and illegal drugs when they impair driving.
- Legal limits - For non-commercial adult drivers, the per se BAC limit is 0.08 percent. Lower limits apply to commercial drivers and to drivers under 21 under certain administrative rules. Impairment can be proven even below the numeric limit if the driver shows signs of intoxication.
- Implied consent and administrative action - Oregon has implied consent laws. If you are lawfully arrested for DUII, officers may request a breath, blood, or urine sample. Refusing or failing a chemical test can trigger an administrative license suspension through the Oregon driver and motor vehicle services authority. You generally must request an administrative hearing within a short deadline - typically 10 days from the date of arrest - to contest the suspension.
- Criminal vs administrative processes - A DUII arrest usually generates two separate processes. The administrative process through the DMV concerns your driving privileges. The criminal case in municipal or circuit court addresses criminal penalties, fines, possible jail time, probation, alcohol treatment, and other sanctions.
- Field sobriety testing and chemical testing - Standardized field sobriety tests commonly used include horizontal gaze nystagmus, walk-and-turn, and one-leg stand. Chemical testing methods include breath, blood, or urine. Each type of test can raise technical, procedural, and scientific issues that may be challenged by counsel.
- Penalties - Penalties vary based on BAC, prior convictions, and whether an accident, injury, or death occurred. Potential penalties include fines, jail or prison, probation, mandatory alcohol or drug evaluation and treatment, community service, mandatory ignition interlock devices for some convictions, and license suspension or revocation. Repeat offenses and cases involving serious injury or death may be charged as felonies.
- Local court and agency players - In Oregon City, cases are handled in local municipal court for certain offenses or in the Clackamas County Circuit Court for more serious charges. Enforcement can be by Oregon State Police, local police, or county deputies. The Clackamas County District Attorney prosecutes criminal charges. The Oregon driver and motor vehicle services division handles administrative license issues.
In everyday speech DUI and DWI are used interchangeably. In Oregon the statutory term is DUII - driving under the influence of intoxicants. DUII covers driving while impaired by alcohol, marijuana, prescription drugs, or illegal substances, and also covers driving with a BAC at or above the legal limit.
For most adult drivers the per se BAC limit is 0.08 percent. There are lower standards and stricter consequences for commercial drivers and special administrative rules for drivers under 21. Even if your BAC is below 0.08 percent, you can still be charged if the State can show impairment.
Stay calm and comply with lawful orders. You have the right to remain silent - you can politely decline to answer incriminating questions beyond basic identification. You should provide your license and registration. You can refuse field sobriety tests but refusal may be used against you in court. If arrested, ask for an attorney and be aware of the deadline to request an administrative hearing to protect your driving privileges.
Oregon has implied consent - refusal can lead to administrative license suspension and other consequences. Whether to submit to testing is a serious and time-sensitive decision. An experienced attorney can advise based on case details, but it is important to know that refusing without understanding the consequences can jeopardize your driving privileges.
Deadlines are short. In most cases you must request an administrative hearing within 10 days of the arrest to challenge an implied consent suspension. Missing that deadline can result in automatic loss of license without a hearing, so seek legal counsel immediately if you were arrested.
Penalties vary by case facts, including BAC level, presence of injury, and prior record. Typical penalties for a first-time misdemeanor DUII may include fines, probation, alcohol education or treatment, community service, possible jail time, and license restrictions or suspension. An ignition interlock device may also be required in some situations. Exact punishments depend on specifics and court discretion.
Yes. Oregon law covers impairment from any intoxicants - not just alcohol. Even legal recreational or medical marijuana can lead to a DUII charge if it impairs your ability to drive. Prescription medications that cause impairment can also result in charges if they affect driving.
Possibly. A DUII conviction can affect employment that requires driving, commercial driving privileges, and licensing in regulated professions. Employers and licensing boards may consider criminal convictions in employment and licensing decisions. Discuss such risks with an attorney, especially if your job requires a clean driving record or if you hold a professional license.
Defenses depend on the facts, but common approaches include challenging the legality of the traffic stop, questioning the administration and calibration of chemical tests, contesting field sobriety test reliability, showing medical or environmental explanations for behavior or test readings, and arguing lack of probable cause. An experienced DUII lawyer can evaluate evidence and identify viable defenses.
Look for a lawyer with specific experience in Oregon DUII law and practice in Clackamas County or nearby courts. Ask about their trial experience, success in DMV hearings, fee structure, and whether they will handle your case personally. Request an initial consultation and bring all paperwork, police reports, and test results to that meeting.
Helpful agencies and organizations you may contact or research include:
- Clackamas County Circuit Court and Oregon City Municipal Court - for court procedures and calendars.
- Clackamas County District Attorney - for information on local prosecution practices.
- Oregon Driver and Motor Vehicle Services - for administrative license suspension rules and hearings.
- Oregon State Police and local police departments - for information on testing procedures and arrest reports.
- Clackamas County Public Defender or local criminal defense attorneys - for legal representation options.
- Local alcohol and drug treatment providers and evaluation services - for court-ordered or voluntary evaluations and programs.
- State and local victim services - for victims of drunk driving crashes seeking assistance.
- Oregon Criminal Defense Lawyers Association and bar referral services - for locating qualified DUII defense counsel.
If you were arrested for DUII or received a citation, take the following steps promptly:
- Request legal help - consult an attorney who handles DUII cases in Clackamas County or Oregon City as soon as possible.
- Protect your driving privileges - if applicable, request the administrative hearing within the required deadline to challenge any license suspension.
- Preserve evidence - keep copies of the citation, police reports, any test results, and ask how to obtain body-worn camera or dash-cam footage. Note witnesses and contact information.
- Follow court orders - attend scheduled hearings, comply with bail and release conditions, and complete any required evaluations or treatment programs.
- Prepare for your consultation - bring identification, the citation, any medical records that may be relevant, your driving history, and a timeline of events.
- Avoid discussing the case publicly or admitting fault - limit communications about the incident and rely on your lawyer to interact with prosecutors and investigators.
Remember that this guide provides general information and does not replace legal advice tailored to your situation. Laws and procedures change, and case outcomes depend on specific facts. For guidance about your rights and options, contact an experienced DUII attorney in Oregon City or Clackamas County promptly.
