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(1) When the accusatory instrument charges a crime punishable as a felony, the defendant shall appear in person at the arraignment. (2) When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear in person or by counsel.The Process of Arraignment
You will likely be arraigned the day after your arrest or within a few days. Before you enter your plea, the judge will confirm your identity and notify you of the charges against you. Depending on what your attorney advised, you will plead guilty, not guilty or no contest.Jail Time for First Offense of DUI in Oregon
Typically, none. If you are eligible for diversion, there will likely be no additional jail imposed– other than what you may have served the night you were arrested.
Table of Contents
What happens at a DUI court in Oregon?
The Process of Arraignment
You will likely be arraigned the day after your arrest or within a few days. Before you enter your plea, the judge will confirm your identity and notify you of the charges against you. Depending on what your attorney advised, you will plead guilty, not guilty or no contest.
How likely is jail time for first DUI Oregon?
Jail Time for First Offense of DUI in Oregon
Typically, none. If you are eligible for diversion, there will likely be no additional jail imposed– other than what you may have served the night you were arrested.
Do I need a lawyer for a DUI in Oregon?
It all starts with challenging any evidence in the arrest details, which the police and prosecution are going to be using against you. Yes, you will need a DUII lawyer who is experienced in fighting and beating charges. But not all lawyers are the same and effective in the DUI field of 2022 Oregon law.
What happens at an arraignment in Oregon?
An Arraignment is the first appearance in a criminal case, where the charges are read to the person being accused of a crime. At this time, the person being accused of a crime will generally enter a “Not Guilty” plea, and future court date(s) will be set.
How likely is jail time for first DUI?
A first offense DUI can be punished by up to six months in county jail. This rarely, if ever, happens. Rather, the court will sentence the offender to informal (unsupervised) probation in lieu of a jail sentence. On most first offender DUI convictions, the probation term is three years.
How to Get Out of & Win a DUII Case in Oregon
The majority of DUI convictions follow a plea bargain between the defense and the prosecution. It is important to have an attorney for counsel who is familiar with all aspects of the DUI conviction. When dismissal of the case is not a viable option, sentencing DUI counsel William Weinberg works diligently to mitigate the impact of the charges. As an experienced negotiator who has worked closely with the Orange County Attorney’s Office for years, Mr. Weinberg’s goal is to negotiate the best outcome for your case. Sometimes it is possible to negotiate a plea for a lesser crime, such as B. “reckless wet driving” or even reckless driving, both of which carry much lighter penalties than pure DUI.
A misdemeanor DUI arrest no longer means a mandatory period of hard license suspension. If you were arrested for DUI after January 1, 2019, you can install an IID (Ignition Interlock Device) for a prescribed period of time depending on whether it is your 1st, 2nd, or 3rd DUI. Installing this device allows you to drive with an IID-locked license without restriction. Offenders who choose not to have an IID installed will have their driver’s license suspended according to the offence, usually with an option to drive with restrictions for the latter part of the suspension. While IIDs cost drivers money and are inconvenient, installing an IID allows the DUI offender to fully preserve his or her driving privileges as long as the IID is used and functioning properly.
NOTE: The IID law only applies to driving under the influence of alcohol, not driving under the influence of drugs. In a drug DUI, the convicted felon faces the same criminal penalties, except the standard driver’s license suspensions apply and the driver does not have the option to install an IID.
So what are the penalties for a misdemeanor DUI conviction when there are no aggravating factors?
Careless driving is not actually a DUI, but counts as a DUI if it is within the 10-year lookback period for subsequent DUIs. In other words, if a person convicted of a reckless charge is found guilty of DUI within ten years (the lookback window), the DUI is a second offense.
License Suspension/IID. There is no statutory order for a driver’s license to be revoked for a negligent conviction. There is also no requirement for the driver to install an IID. However, the court may order the installation of an IID as a condition of parole for that offense, but for no longer than six months.
prison/probation. A prison sentence of up to 90 days is possible, but it would be very rare for a judge to sentence the offender to prison. Typically, the offender is sentenced to informal (unsupervised) probation for a period of one to two years.
DUI training. A wet reckless offender is usually ordered to attend an abridged version of DUI training. Typically, the court orders the offender to attend classes and perhaps AA meetings or other group programs for six weeks.
License Suspension/IID. A driver convicted of a first DUI offense after January 1, 2019 has the option of fitting an IID (Ignition Interlock Device) to their vehicle and thus avoiding any restriction on driving. The IID must remain installed for six months. This option exists within the first thirty days of arrest, when the driver was issued a 30-day provisional driver’s license. Choosing this option means that the driver will not be able to challenge the DMV suspension of their driver’s license at an Administrative Per Se (APS) hearing. If the driver chooses not to have an IID installed (or loses at the APS hearing), their driver’s license will be suspended for a period of four months 30 days after the DUI arrest. However, after a month of suspension, the driver can apply for a restricted driver’s license for a period of five months, allowing only driving to school, work and DUI classes. Note that even if a first-time offender chooses not to install an IID, the court may later order the device to be installed. If ordered, it may not last longer than six months.
prison/probation. A first offense of DUI can be punished with up to six months in prison. This rarely happens, if ever. Instead, the court will give the offender an informal (unsupervised) suspended sentence instead of jail time. For most first-time offender DUI convictions, the probation period is three years.
DUI training. The court has discretion regarding this component of a DUI sentence. The law requires a first-time offender whose BAC was below 0.20% to attend a program that includes education, group counseling, and one-on-one counseling for three months or more. An offender whose BAC was 0.20% or greater, or a first-time offender with less than 0.20% but who refused to undergo a chemical test, must be in a program for at least nine months.
License Suspension/IID. A driver convicted of a second DUI offense after January 1, 2019 must install an IID for a period of one year or receive a two-year license suspension, with one year being a “hard” suspension and the second year being a limited license is. The judge orders the installation of the IID or, alternatively, the two-year suspension after conviction. Installing an IID allows the offender to continue driving.
prison/probation. A second offense of DUI is punishable by up to one year in prison. This is rare, although there is a mandatory minimum sentence of 96 hours. Your DUI attorney can often arrange for that jail sentence to be served on weekends or as part of a working holiday arrangement so you can continue to report for work. Normally, the court sentences the second DUI offender to an informal term of three years, although the judge may give the offender a suspended sentence of up to five years.
DUI training. The court must sentence the offender to an 18-month program consisting of DUI classes, group and individual sessions, and extended group sessions during the final six months of the program. Alternatively, at the judge’s discretion, the offender may be sentenced to participate in a 30-month program with essentially the same components. The judge may also order the offender to participate in a recovery or treatment program.
License Suspension/IID. A driver convicted of a third DUI offense must install an IID for a two-year period, or have their driver’s license suspended for three years, with the option to obtain a restricted driver’s license after 18 months of a “hard” suspension . Installing an IID allows the offender to continue driving.
prison/probation. A third conviction for DUI carries a minimum sentence of 120 days and up to a year in prison. The court also sentenced the perpetrator to a suspended sentence of three to five years.
DUI training. While the law requires the three-time offender to attend training and programs for a minimum of 30 months, courts often order these offenders to participate in inpatient or outpatient treatment programs for a portion of the prescribed time.
With each consecutive DUI over a ten-year period, the penalty becomes progressively more severe. Employing an experienced DUI defense attorney is just as important with a first-time DUI as it is with a third. The aim is to avoid the accumulation of DUIs within the 10-year look-back period. Orange County DUI defense attorney William Weinberg is working just as diligently to have the charges dismissed or reduced, whether the case is a first DUI or a repeat DUI. Contact Mr. Weinberg anytime to schedule a free, confidential consultation with an Orange County DUI judgment attorney. He will work with you and your family to determine a fee structure that best suits your circumstances.
Is your license suspended immediately after a DUI in Oregon?
If you are arrested for driving under the influence of intoxicants and you: Take a breath test and fail it – DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year.
How to Get Out of & Win a DUII Case in Oregon
Gig Wyatt
DUI Defender, Salem, Marion County
503-378-7744 – 24/7
This is for informational purposes only and cannot be updated.
Oregon State DUI Information
Suspensions and Revocations
If a court suspends or revokes your driving licence, you can go to court to obtain a suspension or revocation. The court can confiscate your driver’s license and return it to DMV.
If your driving entitlements are suspended or revoked by the DMV, a notice of the suspension or revocation will be sent to the address on your ticket. If you have a license in your possession, it must be returned to a DMV office at the commencement of the suspension or revocation. Once the suspension or revocation has begun, you may not drive a motor vehicle on freeways or public areas.
This page is a selection of some of the DMV or court-ordered suspensions that could be imposed. For more information or to determine if a particular conviction could result in suspension of your license, please contact DMV.
No-Show/Compliance
DMV may, by court order, suspend a person’s right to drive if the person fails to appear in court or fails to pay a traffic fine for a traffic violation or traffic crime in Oregon or Washington. Your license will be suspended until DMV receives proof that the case has been resolved in court or ten years have elapsed from the start of the suspension, whichever comes first. At that point you will have to pay a reinstatement fee Remove the ban from your file.
Acceptable evidence for court clearance includes any of the following:
An official judicial clearance document from the court; or
An electronically transmitted permit sent directly to DMV by an Oregon District Court.
Refusal to go to court (suspension for underage alcohol offences)
Persons who are suspended due to non-attendance or non-attendance are not entitled to a hardship card.
DMV may, by court order, suspend an individual’s driver’s license if the individual is between the ages of 13 and 20 (at the time of the offense) and has been convicted of an offense related to the possession, use or abuse of alcohol. The driving ban order (suspension) remains in place for:
One year or until the person turns 17, whichever is longer if this is an initial order; or
, whichever is longer if it is the first order; or One year or until the person turns 18, whichever is longer, if this is the second or subsequent order.
90 days if it is the first order; or
, if it is the first order; or One year if this is the second or subsequent order.
DUI definition
You may be charged with driving under the influence (DUII) if you drive a vehicle while under the influence of intoxicating alcohol and/or a controlled substance. You can be charged with DUII if you commit the offense on premises open to the public.
If you are convicted of DUII, your driving privileges will be suspended. The length of the suspension varies and can be one year, three years or permanent. A suspension or revocation resulting from a DUII conviction is separate from any suspension you may receive under the Tacit Consent Act.
For related statutes, see Chapter 813 of the Revised Oregon Statutes.
Tacit Consent
Oregon’s Tacit Consent Act means that by driving a motor vehicle, you implicitly consent to a breath, blood, or urine test if a police officer asks you to take such a test. The officer may ask you to take a test if the officer arrested you for DUII. The refusal of an examination is admissible as evidence in court. You will fail a test if your blood alcohol level is 0.08 percent or more. If you are under 21, you will fail the test if you have alcohol in your blood. An implied consent suspension is separate from any suspension you may receive as a result of a DUII conviction.
If you have a valid Oregon driver’s license in your possession, the officer will confiscate it and issue a 30-day provisional driver’s license. After 30 days, the ban comes into effect and the provisional driving license is no longer valid.
If you receive a letter of intent to suspend from a police officer under Oregon’s Implied Consent Law, you are entitled to a hearing. You must request the hearing in the manner and within the timeframe provided for in the LOI.
Suspension lengths vary. If you are arrested for driving under the influence and you:
Take a breath test and fail it – DMV will suspend your driving privileges for 90 days. If you have alcohol-related entries on your license within five years, DMV will suspend your license for one year.
– DMV will suspend your driving privileges for 90 days. If you have alcohol-related entries on your license within five years, DMV will suspend your license for one year. Refuse a breath test – DMV will suspend your driver’s license for a year. If you have alcohol-related entries on your license within five years, DMV will suspend your license for three years.
– DMV will suspend your driving license for one year. If you have alcohol-related entries on your license within five years, DMV will suspend your license for three years. Refuse a urine test – DMV will suspend your driver’s license for a year. If you have alcohol-related entries on your license within five years, DMV will suspend your license for three years. Suspension for refusing a urine test does not begin until another implied suspension (also from the same arrest) has ended.
– DMV will suspend your driving license for one year. If you have alcohol-related entries on your license within five years, DMV will suspend your license for three years. Suspension for refusing a urine test does not begin until another implied suspension (also from the same arrest) has ended. Refuse a blood test while receiving medical care at a health facility after a motor vehicle accident – DMV will suspend your driver’s license for a year. If you have alcohol-related entries on your license within five years, DMV will suspend your license for three years.
– DMV will suspend your driving license for one year. If you have alcohol-related entries on your license within five years, DMV will suspend your license for three years. If you fail a blood test while receiving medical care at a health facility after a motor vehicle collision, DMV will suspend your driver’s license for 90 days. If you have alcohol-related entries on your license within five years, DMV will suspend your license for one year. This suspension begins on the 60th day after DMV receives a report that you have failed the test. DMV will send a notice of suspension to the address on your driver’s license to notify you of the suspension dates. The officer will not confiscate your driver’s license and will issue a 30-day temporary driver’s license. You are required to return all licenses in your possession to DMV when the suspension begins. DMV will also suspend your driving privileges if any of the actions occurred while driving in another state (ORS 809.400).
If any of the actions occurred while driving a commercial vehicle, the blocking times may vary.
ignition locking device
An ignition interlock device (IID) is a computerized breath analysis device. An IID connects to a vehicle’s ignition system. Before starting an IID-equipped vehicle, the driver must provide a breath sample by blowing into the IID’s handheld device. The IID prevents the vehicle from starting if the alcohol level in the driver’s breath sample exceeds a preset limit.
IID requirement
Anyone convicted of DUII in Oregon is required to install and maintain an IID. The requirement begins at the end of the suspension or waiver caused by the DUII conviction.
Anyone who has been granted a hardship permit during a DUII suspension must install and maintain an IID.
Anyone entering into a DUII redirection agreement with the court is required to install and maintain an IID. The IID is a condition of the Diversion Agreement for the time determined by the court. If you fail to install an IID when required due to a DUII conviction, or remove the device at any time during the request, DMV will suspend your right to drive. If the device is required as a condition of a DUII diversion agreement, the court can terminate the agreement and convict you of DUII.
Note: The IID requirement begins on the last day of the DUII suspension and lasts for one year for the first DUII conviction and two years for a second or subsequent DUII conviction.
Fees and Costs
You are responsible for paying all costs associated with the Ignition Lockout Device, including installation, rental, monthly monitoring, and device removal.
Note: You may be eligible for financial assistance if you cannot afford to pay the costs associated with the device. To apply for assistance, you must meet the means-tested standard, i.e. H. Possession of a valid Food Stamp Identification Card issued by the Oregon Department of Human Services. To apply for a fee waiver, you must provide proof of your need to a provider who has contracted with the Department of Addiction and Mental Health to receive a reimbursement of device fees.
See the Oregon State Police – Ignition Interlock Program for installation locations for the IID. DMV cannot waive the IID reinstatement requirement for temporary out-of-state residents. If you are in another state and need to install an IID to restore your Oregon driving rights, contact our customer service unit at (503) 945-5400 for assistance in locating an IID provider.
treatment
A person whose license is suspended because of a DUII conviction must provide evidence that the person completed a court-ordered treatment program under ORS 813.021. DMV will not reinstate a suspension based on a DUII conviction until the individual submits that request.
The most common form of proof is a DUII Treatment Completion Certificate, DMV Form 735-6821. DUII Treatment Completion Certificates are only issued by treatment providers accredited by the Oregon Addiction and Mental Health Division.
DMV will revoke your driving license for five years if you are convicted of three or more of the following offenses within five years:
Any degree of murder, manslaughter, manslaughter, bodily harm, negligent endangerment of another person, threat or criminal mischief through the operation of a motor vehicle.
Driving under the influence of intoxicants.
Drive while your driving privileges are suspended or revoked.
Reckless driving.
Failure of a driver to perform their duties after a collision.
Escaping or attempting to escape from a police officer. DMV will also suspend your common offender driver’s license if you are convicted of 20 or more traffic violations within a five-year period. For a list of traffic violation types for 20 or more convictions, see NOTE: The purpose of this site is to provide basic and general information about DUII laws in Oregon.
This publication should not be construed as legal advice and should not replace specific legal advice from an experienced attorney.
If the person is between 18 and 20 years old, the DMV will be banned for one year as the ‘up to 17’ or ‘up to 18’ options do not apply. The court may review the case and reinstate the driver’s license at any time except the court may not withdraw the order within:People suspended for court denial are not eligible for a hardship permit, but may have a court denied driver’s license in an emergency – reference: .
Can you fight a DUI in Oregon?
DUI charges in Oregon are serious and may have harsh consequences. You will need a strong defense attorney to help fight your case. Call my office at (503) 477-5040 for a free consultation to discuss your options.
How to Get Out of & Win a DUII Case in Oregon
Charges of DUI in Oregon are serious and can have serious consequences. You need a strong defender to help you defend your case. Call my office at (503) 477-5040 for a free consultation to discuss your options.
What’s the biggest mistake people make after a DUI arrest?
The biggest mistake most people make after being arrested with a DUI/DUII in Oregon is not seeking the advice of a qualified attorney. Depending on the circumstances, drunk driving penalties can have serious consequences. Issues related to DUI charges can haunt someone for the rest of their life. It is extremely important that you speak to me or another attorney before telling the police anything.
Do I need to hire an attorney if I’m arrested for a DUI in Oregon?
When it comes to getting a DUI/DUII in Oregon, an experienced DUI attorney can not only reduce your fees and fines, but depending on the situation, dismiss your case entirely. If you are faced with a 2nd or 3rd DUI charge you must consider severe penalties and before you speak to any police officer or prosecutor it is imperative that you call me immediately.
How Do I Choose the Best DUI Attorney?
Call and see who makes you feel comfortable. Price is important, but not always the most important factor. Look for someone who is good at conveying their experience and strategy to you.
What can I expect from my free initial consultation?
We discuss my strategy and approach to your case. I may not be able to give you legal advice here, but I can explain how we would proceed in your case and what to expect.
What happens if I refuse an alcohol test?
A few things. There is a minimum 1-year driver’s license suspension in Oregon and a $650 fine for refusing a breathalyzer test. It is also becoming increasingly common for the police to obtain an arrest warrant and have a paramedic draw your blood. The blood is then sent to the State Criminal Police Office and tested for blood alcohol content. Under Oregon law, if you refuse to take a breathalyzer or blood test, your driver’s license will be suspended by the DMV. An Oregon DMV or tacit consent hearing must be scheduled within 10 days of the arrest in order to maintain your license.
I got a DUI while driving with a suspended driver’s license, what can I do?
Whether or not your license is currently suspended does not affect the DUI charge itself. There are no modifiers or changes to the arrest procedure or the DUI charge itself. However, you will also have to deal with the additional charges or driving-related issues confront during lockdown.
I was arrested for drunk driving, can I still drive?
Maybe. It depends on the situation. Most people have 30 days before a license suspension takes effect.
What is an Interlock Ignition Device? (ID)
An interlock igniter is court ordered and prevents a vehicle from starting if the driver has been drinking. If you have been charged with a DUI, you may need to pay and maintain an IID in Oregon.
What is a DUI redirect? Can I qualify?
Under Oregon law, a first-time DUI/DUII offender may qualify for the Oregon DUI Diversion Program, which allows for the dismissal of drunk driving charges. There are certain program requirements that must be met.
If I get a DUI in Portland, will I need to go to rehab?
Completion of an alcohol or drug abuse treatment program is a prerequisite for the DUI diversion program. Upon successful completion of the diversionary program, the court will dismiss your drunk driving charge.
What happens if I violate my probation terms or terms of my Diversion program?
If you violate the terms of probation or the Oregon Diversion Program, you will receive an Order for Show Cause from the judge. This is a time-sensitive notice urging you to address the violations so that the terms of your probation or diversion program are not revoked. If you have received a court order, severe penalties can be imposed if you revoke it. It is extremely urgent that you call me, Andy Green, to help you avoid jail time, fines, driver’s license suspension and probation.
Can you drive after a DUI in Oregon?
Qualifying for a Hardship Permit after DUI or Violation of Oregon’s Implied Consent Law. If you are convicted of Driving Under the Influence of Intoxicants under Oregon law, your driving privileges will be suspended.
How to Get Out of & Win a DUII Case in Oregon
Transportation is not just a convenience, it is an absolute necessity. If you’re charged with drunk driving in Oregon, it’s only natural to worry about the potential impact on your ability to do your daily drives, such as: B. commuting to and from work. While it’s not always easy, obtaining a hardship card is one way to get back to everyday life after a drunk driving conviction.
Eligibility for a hardship permit under DUI or violating the Oregon implied consent law
If you are convicted of driving under the influence under Oregon law, your driving privileges will be suspended. Your Oregon driver’s license may also be suspended under the state’s implicit consent law if you fail a chemical breathalyzer test (by registering a blood alcohol count of 0.08 or higher after driving) or if you refuse a chemical test. Your license may be suspended for the same offense under either the Tacit Consent Act, the DUII Act, or both.
In order to qualify for a hardship card, you must first pass the waiting period; There is no waiting period after an initial DUII conviction, but if your license has been suspended under Oregon’s implied consent law, you must wait 30 days from the start of the suspension to apply for a hardship permit.
If you are convicted of DUII, you must seek a recommendation from the sentencing judge to receive a hardship permit. This means convincingly demonstrating that granting the hardship permit is in the public interest as well as in your own interest. You must also install an ignition interlock in your vehicle (a computerized breath analyzer that prevents you from starting your vehicle if the alcohol level in your body is above a preset limit). Required fees, application forms, and proof of employment round out the minimum requirements for obtaining a hardship permit after an initial DUI conviction.
While a Hardship Card does not require a court recommendation or an ignition lock if your driver’s license has been suspended under the Tacit Consent Act, the other requirements above must still be met.
Where you can drive with a hardship card
A hardship card dictates exactly when and where you can drive, and driving outside the restrictions can have serious consequences. In general, a hardship card can reinstate a driver’s license to drive to and from work, drive while at work (however, you are not allowed to drive a commercial vehicle with a hardship card), seek employment, participate in alcohol or drug rehabilitation, or for regular necessary medical treatment.
Contact an Oregon drunk driving attorney to learn more
A hardship card isn’t the solution to all the problems that may arise from your arrest for drunk driving – but it can be a powerful tool to get your life back on track. Contact an Oregon drunk driving attorney today for help in obtaining a hardship permit and addressing other areas of concern in your drunk driving case. We have criminal defense offices in Bend, Salem and Portland, Oregon.
How much does a DUI attorney cost in Oregon?
Oregon DUI lawyer fees for defense on a DUI charge can from $1,500 to $10,000 and up depending on the lawyer and depending on the case. Our firm does DUI representations on a flat-fee basis that depends upon the complexity of the case.
How to Get Out of & Win a DUII Case in Oregon
Our law firm performs DUI representations at a flat rate that depends on the complexity of the case. Because most cases are resolved without a trial, we offer low pre-trial representation fees, giving you the convenience of legal representation without the high upfront fees of other law firms. We can resolve most first-time offender cases for a fee of $1500. You only pay for the preparation and conduct of a main hearing if your case is heading towards the main hearing. This two-tier approach to fees keeps costs to a minimum.
Cases that require multiple or lengthy court appearances cost more. If you are a student or have other special financial circumstances, we are open to working with you on reduced fees or payment plans. We often work with people on payment plans when they are unable to pay the initial advance immediately but need replacement immediately. Please call to discuss our affordable DUI legal fees.
Our attorney fees for most first cases:
$1,500 for representation on the drunk driving charge
$500 for representation at a DMV hearing
$500 for representation on each additional criminal charge
$3,000 for representation in a jury trial
How much is bail for a DUI in Oregon?
For most first-offense DUIIs, the minimum fine is $1,000, plus a $255 conviction fee. However, if your BAC was . 15% or more within two hours of driving, your fine will be at least $2,000. The maximum fine, in either case, is $6,250.
How to Get Out of & Win a DUII Case in Oregon
Oregon uses the term Driving Under the Influence (DUII) instead of DUI (driving under the influence). You can be found guilty of DUII in Oregon if you drive with a blood alcohol concentration (BAC) of 0.08% or more (often referred to as “per se” DUI), or if you are impaired by alcohol, drugs, or a combination of both are . Oregon law states that a BAC that is above the limit within two hours of driving is considered a DUII.
If you are arrested for most crimes, there are no penalties unless you are actually convicted of the offense (either by filing a plea or a guilty verdict in court). However, if you are lawfully arrested for a DUII, there may be administrative ramifications – such as a prison sentence. B. Driver’s license suspension and fines – regardless of whether you are ultimately convicted of the crime. And if you’re convicted of a DUII, you face additional criminal penalties.
For most purposes, a DUII is considered a first offense if you have not had a DUII/DUI in the past five years. This article discusses some of the administrative and criminal penalties for a first-time DUII sentence in Oregon.
administrative penalties
If you’ve been lawfully arrested for a first offense DUII and chemical tests show you have a BAC of 0.08% or greater within two hours of driving, you typically face a 90-day suspension of your regulatory license, even if you are not subsequently convicted of a DUII. And if you refuse to take a chemical test in violation of Oregon’s tacit consent laws, your license will likely be suspended for a year. A DUII conviction also carries a one-year license suspension.
Drivers convicted of first offense DUIIs are required to have ignition interlocking devices (IIDs) on their vehicles for one year after their license suspension period expires. IIDs are also required to obtain and drive a hardship permit (for commuting to and from work, doctor’s appointments, and substance abuse treatment) during the period of license suspension. The driver bears the cost of installing and maintaining the IID.
criminal penalties
If a driver is convicted of a first-time DUII offense, the judge must sentence the driver to either jail time or community service. A prison sentence for a first offense can range from two days to a year. If the judge orders community service, this must be at least 80 but not more than 250 hours.
For most first-offense DUIIs, the minimum penalty is $1,000 plus a $255 sentencing fee. However, if your BAC was 0.15% or more within two hours of driving, your minimum fine is $2,000. The maximum penalty in both cases is $6,250. However, the maximum fine increases to $10,000 if you had a passenger in your vehicle under the age of 18 and you were at least three years older than the passenger.
All drivers convicted of DUIIs in Oregon are required to complete a screening interview to determine an appropriate substance abuse treatment program. The driver must then complete each program recommended by the screener. The driver is generally responsible for the cost of the treatment program and a $150 screening fee. The court may also order the convicted driver to attend a “victim impact” treatment session, which will cost the driver between $5 and $50.
Oregon DUII redirect program
Many drivers with first offense DUIIs qualify for Oregon’s DUII diversion program. Drivers participating in diversion programs must first file a plea of guilty or no contest to the DUII charge. But if a driver successfully completes one of these programs, the driver’s case is dismissed after one year.
To participate in a DUII diversion program, an eligible driver must apply to the court for diversion and pay a $490 filing fee. The driver must file the petition within 30 days of being charged with a DUII. In general, a driver is not entitled to a diversion if the driver:
currently has pending DUII/DUI charges (except for the DUII charge for which a redirect is requested)
currently participates in a diversion program (for an additional DUII/DUI fee)
been convicted of DUII/DUI in the past 15 years
has participated in DUII Diversion for the past 15 years
had a business license or was driving a commercial vehicle when arrested for the current DUII, or
ever been convicted of a DUII crime (a fourth DUII in ten years).
Drivers participating in the DUII diversion enter into a one-year agreement with the court. The terms of the agreement usually require the driver to:
undergo a substance abuse treatment program
Attend a victim treatment session
not drinking alcohol or using drugs illegally, and
Installation and maintenance of an IID during the rerouting period.
After completing the DUII rerouting and paying all fees, the driver can apply to the court to have the case dismissed.
get legal help
Oregon’s DUII laws are complicated and the facts of each case vary. If you’ve been arrested or charged with DUII, you should consult an experienced criminal defense attorney in your area who can help you decide how best to proceed with your case.
What happens at an arraignment for DUI in Oregon?
The purpose of the arraignment is to inform the defendant of the charges(s) and of certain rights; to determine if the defendant needs a court appointed attorney; to determine the defendant’s true name; and to set another court date.
How to Get Out of & Win a DUII Case in Oregon
What happens at a first hearing in court?
It is usually a short meeting for the Judge to decide how the case should be organised. The first hearing (First Hearing Dispute Resolution) is usually quite short, and everyone is asked to prepare information for another hearing a few weeks later.
How to Get Out of & Win a DUII Case in Oregon
The First Hearing Dispute Resolution is usually quite short and everyone is asked to prepare information for another hearing a few weeks later.
You may have to appear in court a few times before the judge can rule on the case. The judge should tell you what to prepare for each hearing and by when. It will help the judge if you follow his “instructions” and give the court the requested information in a timely manner. If you do not understand what you are being asked to do, tell the judge or a court official.
The judge may encourage you to come to an agreement at the first hearing, but this is often not possible and further hearings are arranged.
If there are concerns about the well-being of the child or someone else, the judge may ask CAFCASS or the local authority (social welfare) to prepare a report about your child, their experiences and circumstances to help them decide what to do . This report is usually referred to as “Section 7” as it is completed under Section 7 of the Children Act 1989. If the judge deems it necessary, he will ask you to hear from your children. Your children should not be directly asked for their opinion.
Watch this video how CAFCASS creates a report
Learn more about court hearings.
If you are concerned about the immediate safety of a child you should call the police. You should also inform social services and discuss this with a CAFCASS officer when they first contact you and/or the judge during a court hearing.
If the child is not in your care but you are concerned that they may be harmed you can contact social services or the police, but if CAFCASS is involved you should notify them as well.
If an urgent matter arises between court hearings, you should raise it immediately with the police and/or social services.
How can charges be dropped before court date?
The typical action is to file a motion to dismiss. The defendant’s lawyer can invoke various reasons for a motion to dismiss. If the allegations raised in a motion to dismiss have merit, the court may throw away the case without going to trial.
How to Get Out of & Win a DUII Case in Oregon
If you face charges, you should consider hiring an attorney who will help you drop the charges against you at the earliest opportunity. You can read more about a Florida motion to dismiss and other statute-related articles to learn how to get an early dismissal of the charges against you. Here are some of the ways your attorney can drop the charges against you before the case grows into a full-blown trial.
Application for dismissal on grounds of self-defense
Counsel may file a motion to dismiss if the defendant’s or the defendant’s actions were solely in his or her defense. This would be a motion to dismiss on grounds of self-defense. A motion to dismiss that invokes self-defense as a primary ground is the use of a positive defense, which may be part of the defendant’s defense strategy.
A positive defense basically means that the accused or defendant does not deny that the act or some element of the act took place. The essence of an affirmative defense is that the accused or defendant argues that he or she was legally entitled to perform such acts. While the act itself may appear to be a felony or misdemeanor, the accused or defendant is not liable because it was justified in the first place.
A more specific example would be when a burglar breaks into a homeowner’s home and threatens the life of the homeowner or family members. In such a scenario, the homeowner would be entitled to obtain a gun and shoot the burglar when the threat to his life or the life of a household member was already imminent.
With the application for dismissal in self-defense, the charges against the accused or defendants can be dismissed. The accused or accused should have reasonable grounds to believe that what he or she did was necessary. In this case, the defendant should have been in a situation where the injured attacker was about to or was already performing unlawful acts on the defendant or defendants.
2. Application for rejection for factual reasons
There are cases where both the plaintiff and the defendant agree on the basic aspects and facts of what happened. If they agree to the extent that other facts relevant to the case no longer need to be determined, a full trial may not be required. The accused or defendant may request that the judge rule on the basis of the facts at hand and dismiss the case. This is called a motion to dismiss on grounds of fact, also known as a C4 motion.
For example, a person driving a vehicle may suddenly deviate from the correct lane onto the bank. As a result, the vehicle may have rammed a person standing on the pavement. If the driver had no other choice because the vehicle in front of him suddenly stopped without warning and the oncoming lane was filled with oncoming vehicles, then his right-turn and embankment-climbing action could be justified. This is a form of self-preservation to avoid endangering the driver’s life.
The legal basis for a C4 dismissal motion is Rule 3.190(c)(4) of the Florida Criminal Procedure Code. Under this rule, the court having jurisdiction may at any time issue a C4 dismissal motion if it maintains that no material facts are disputed. It should also raise the question that based on what both sides have submitted, the undisputed facts are not sufficient to proceed with the trial of the accused.
However, government officials may file a review contesting or denying some or all of the material facts raised in the motion to dismiss. In this case, it is not unlikely that the C4 dismissal motion will be denied.
3. Application for termination due to statutes of limitations
Another reason to drop charges against a defendant or defendant is a motion to dismiss due to the statute of limitations. The basic idea of the statute of limitations is that there is a time limit for the prosecutor or the plaintiff to bring charges against the accused or accused. In other words, they have to file the charges before a certain date.
This is usually counted from the time the offense was committed. In civil matters, however, this is counted from the time events occurred that would give rise to the cause of action. The accused or defendant may file a motion to dismiss on the grounds that the statute of limitations has expired if the prosecutor or the plaintiff fails to file the appropriate charges before the expiration of the period.
The statute of limitations can be between one and ten years, depending on the type and severity of the offence. However, some offenses do not fall under the statute of limitations, such as:
Crimes classified as capital punishment or the death penalty
Criminal offenses where a person has died as a result
Criminal offenses punishable by life imprisonment
When the defendant lied under oath in a case involving a felony
allegations of human trafficking
Sexual battery charges. Where the crime was committed from July 1, 2020 and the victim is not yet 18 years old
4. Motion to dismiss for expeditious hearing
If the prosecution takes too long to start the process, the defendant or defendant can drop the charge of violating the defendant’s right to a speedy trial. Under Florida criminal procedure rules, the misdemeanor trial should begin within 90 days of the defendant’s arrest. The criminal trial is scheduled to begin within 175 days. Defendants can request that the trial begin within 60 days of their arrest.
Conclusion
There are ways to drop the charges against a defendant or defendants before the trial date. The typical action is to file a motion to dismiss. The defendant’s attorney may invoke a variety of grounds for a motion to dismiss. If the allegations made in a motion to dismiss are valid, the court may dismiss the case without a hearing.
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Can a DUI be a felony in Oregon?
Under Oregon law, driving under the influence of intoxicants, such as drugs or alcohol, will be classified as a Class C felony if the person has had two DUII convictions over the 10 years prior to the date of the current incidents, including those that occur in other states.
How to Get Out of & Win a DUII Case in Oregon
This case illustrates several factors that can play a role in increasing penalties associated with a DUII in Oregon. Anyone confronted with such allegations should be aware of the drastic consequences.
factors for a crime
Under Oregon law, driving under the influence of intoxicants, such as drugs or alcohol, is classified as a Class C felony if the individual has had two DUII convictions in the 10 years prior to the date of the current incidents, including those occurring in other states .
Aggravating Factors
While some states automatically criminalize a DUII if aggravating factors are present, Oregon does not. However, someone involved in such an incident faces harsher penalties. These aggravating factors include:
The accident caused bodily injury or death.
Property damage resulted from the accident.
The accident occurred while the drunk driver had a passenger who was both under the age of 18 and at least three years younger than the driver.
The person’s blood alcohol concentration was 0.15 percent or more.
The presence of these factors allows a judge to impose a harsher sentence. For example, the fine for a first DUII is $1,000. However, the law provides for a fine of up to $10,000 if the passenger in the drunk driver’s vehicle meets the above requirements.
Administrative and criminal sanctions
A felony DUII in Oregon is punishable by up to five years in prison and a minimum $2,000 fine. In addition, administrative sanctions may be imposed. As the Oregon Department of Motor Vehicles points out, a third DUII conviction results in permanent license suspension. In contrast, the eligibility period for a second DUII conviction over the course of five years is three years, with a 90-day restricted-drive waiting period.
In addition to these consequences, a criminal record can create difficulties when someone is trying to find a job or suitable housing. As the Oregon Police Department notes, no traffic offenses are ever erased from someone’s records. Because of the short- and long-term consequences of a DUII charge, it is important that anyone confronted with such matters contact an attorney as soon as possible.
Is Oregon a no tolerance state?
However, Oregon is a zero tolerance state for administrative purposes. The Department of Motor Vehicles can, and likely will, suspend the license of a driver under the age of 21 who has any measurable amount of alcohol in his or her blood.
How to Get Out of & Win a DUII Case in Oregon
Oregon’s DUI law is slightly different than other states. In fact, we use the term DUII, or driving under the influence of intoxicants.
If your Oregon blood alcohol concentration (BAC) is 0.08% or greater, you may be charged with a DUII, regardless of whether your ability to drive was impaired. This is often referred to as DUI “per se”. But you can also be charged with a DUII if your physical or mental abilities are impaired by drugs or alcohol, regardless of your BAK score.
Under Oregon law, by driving a vehicle, you automatically consent to undergo a chemical test to determine the amount of drugs or alcohol in your bloodstream.
Here are some frequently asked questions about DUII in Oregon:
When do Oregon Police measure BAC?
To be convicted of DUII per se in Oregon, you must show that your BAC was 0.08% or greater. However, because there is always at least a short delay between driving and a breathalyser test, documents may show a lower BAC score. If your BAC fell below 0.08% after being stopped, prosecutors may still be able to show you’ve exceeded the legal limit.
However, DUII attorneys may be able to argue that your BAC was lower while driving than it was at the time of the chemical test. This is known as “rising blood alcohol resistance”.
What is the maximum BAC for underage drivers?
Under Oregon’s DUII statute, the state does not treat drivers differently based on their age. So, to be convicted of DUII, a driver’s BAC must be above 0.08%.
However, Oregon is a zero-tolerance state for administrative purposes. The Department of Motor Vehicles can, and likely will, suspend the driver’s license of any driver under the age of 21 who has a measurable amount of alcohol in his or her blood.
What are the minimum prison terms for a DUII in Oregon?
For first and second offenses, the minimum penalty is two days in prison or 80 hours of community service. For a third offense, the convict must spend 90 days in prison.
How long do previous DUII convictions remain relevant?
In some cases, a DUI/DUII conviction can stay on your record for five, ten, or 15 years. But depending on its severity, the conviction may not be erased from your file at all.
In many cases, a DUI or DUII conviction can cost you more than $20,000 in fines, bail, and legal fees. If you are facing DUII charges in Oregon, contact DUII attorney Rhett Bernstein.
What will happen at my first DUI court appearance arraignment
See some more details on the topic dui oregon first court appearance here:
Oregon Court Appearance Tips – Jared Justice
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DUI Hearings and Court Dates in Oregon: What to Expect
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What to Expect at Your First DUI Court Appearance
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Do not plead guilty at your first court appearance
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What is an Arraignment? – Reynolds Defense Firm
The court date written on your criminal citation is the date and time you need to appear in court for your DUI Arraignment. In Oregon, this is your first …
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Oregon DUI Frequently Asked Questions – Romano Law
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First-Offense DUI/DUII in Oregon | DuiDrivingLaws.org
For most first-offense DUIIs, the minimum fine is $1,000, plus a $255 conviction fee. However, if your BAC was .15% or more within two hours of driving, your …
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What to Expect After Your DUI Arrest in Oregon
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What happens at a first court appearance on an Oregon DUII?
What happens on my first DUII court appearance? In Oregon, the first appearance in court is called an “arraignment” or “initial appearance.” Usually this appearance is quite short. The purpose of the indictment is to inform the accused of the indictment(s) and certain rights; to determine whether the defendant requires court-appointed counsel; determine the true name of the accused; and set another court date. Generally, a defendant must appear in person at all court hearings, including indictments. However, if a defendant hires an attorney prior to the first appearance in court, the attorney may appear without the accused appearing in person. In the case of criminal offenses, the accused must always appear in person for the indictment. For DUII charges, a defendant is ordered to be “booked” (mug shot and fingerprint) if this was not done the night of the arrest. ORS 135.010 time and place. When the indictment is filed and the defendant is arrested or as soon as the defendant can be arrested, the defendant will be charged under ORS 135.030 in the court where it is located. Unless there is good cause or at the request of the accused, when the accused is in detention, the indictment will take place during the first 36 hours of detention, excluding public holidays, Saturdays and Sundays. In all other cases, except as provided in ORS 133.060, the indictment will take place within 96 hours of the arrest. [Amended by 1973 c.836 §130; 1983 c.344 §1; 1983 c.661 §12] ORS 135.020 Scope of the procedure. The indictment shall be brought by the court, or by the clerk or district attorney under its direction, as provided in ORS 135.030. The indictment shall consist of reading the instrument of indictment to the accused, causing a copy thereof and any addenda thereto to be served on the accused, including, where the instrument of accusation is an indictment, the list of witnesses contained therein or attached thereto, the accused is asked how the defendant is pleading on the charges. [Amended by 1973 c.836 §131; 1983 c.344 §2] ORS 135.030 When the presence of the accused is required; Appearance by attorney. (1) If the bill of indictment charges a criminal offense that is punishable as a felony, the accused shall appear in person at the hearing. (2) If the indictment charges a crime punishable as a misdemeanor, the accused may appear in person or through counsel. (3) The court may require a defendant to appear for trial without the consent of the State or the defendant by simultaneous electronic transmission in accordance with ORS 131.045 if the manner of simultaneous electronic transmission allows the defendant to attend the court and the court to observe the defendant . [formerly 135.110; 1983 c.344 §3; 2005 c.566 §5] ORS 135.035 Bringing the accused who has not yet been arrested or brought to justice. If an instrument of indictment is filed with the court and the defendant has not been arrested and held to answer the charge, the court will issue a warrant under ORS 133.110 unless the defendant voluntarily appears for the arraignment. [Formerly 135.140] ORS 135.040 Right to Legal Advice. If the defendant appears for the arraignment without legal counsel, the court will inform the defendant that it is the defendant’s right to have legal counsel prior to the arraignment and will ask if the defendant would like the help of a lawyer. [formerly 135.310] * * * * * ORS 135.045 Court Appointment of Counsel; Waiver of Legal Counsel; Appointment of a legal advisor. (1)(a) If the defendant appears in a criminal proceeding without defense counsel at or after the arraignment, the court shall determine whether the defendant desires defense counsel. (b) If the defendant wishes to be represented by counsel, pursuant to ORS 135.050 the court shall appoint counsel to represent the defendant. (c) If the defendant waives counsel, the court must determine whether the defendant knowingly and voluntarily waived counsel. The court accepts the waiver of assistance if the accused is not charged with a capital crime. The court may refuse to waive counsel if the defendant is charged with a felony. (d) If the court accepts a defendant’s waiver of counsel, the court may admit an attorney to serve as the defendant’s legal counsel and may appoint an attorney to act as the defendant’s counsel pursuant to ORS 135.050. (2) The appointment of legal counsel, including counsel, under this section is governed by ORS 135.050, 135.055, and 151.485 through 151.497. [formerly 135,320; 1987 c.803 §13; 1989 c.171 §16; 1989 c.1053 §1a; 1991 c.790 §11; 2001 c.472 §1; 2001 c.962 §24] ORS 135.050 Eligibility as court-appointed legal counsel; annual accounts; Termination; civil liability. (1) Appropriate counsel for a defendant shall be appointed by a magistrate, district, or judicial court when: (a) the defendant is on trial in a matter described in subsection (5) of this section; (b) the accused seeks legal advice; (c) the defendant will provide the court with written and audited financial statements; and (d) It appears to the Court that the Defendant is financially unable to maintain adequate representation without significant hardship in providing basic economic needs for the Defendant or the Defendant’s dependent family. * * * * * * * * * * ORS 135.060 Advising Defendant on Use of Name in Instrument of Indictment; Effect of acknowledgment of true name in indictment. (1) If the accused is summoned, the accused shall be informed of the following: (a) if the name by which the accused is charged in the indictment is not the accused’s real name, the accused shall give his real name; and (b) if the accused fails to provide the true name in accordance with paragraph (a) of this subsection, the accused shall not be entitled to any form of release other than security clearance under ORS 135.265. (2) The accused or the accused’s counsel may acknowledge the true name of the accused in the filing of charges, and the acknowledgment shall not be used against the accused in the trial of the underlying charge or any other criminal charge or a refugee complaint, except that: (a ) The use of different names may be used in determining the defendant’s release status where the defendant has used different names in different proceedings; and (b) A Defendant who willfully falsifies the Defendant’s name under this Section or ORS 135.065 under oath or assurance shall be subject to criminal prosecution under ORS 162.065. (3) As used in this section and ORS 135.065, “real name” means: (a) The name on the authenticated copy of the accused’s birth register; (b) the defendant’s maiden name; or (c) if the Defendant’s name has been changed by court order or operation of law, the name as changed by court order or operation of law. [formerly 135,340; 2003 c.645 §4; 2013 c.366 §64] ORS 135.065 name used in further proceedings; Request for deletion of false name. (1) If the accused does not give any other name, the court may proceed against the accused using the name in the indictment. If the accused is charged by charge or information and alleges that another name is the true name of the accused, the court shall order an entry in its register and subsequent proceedings on the instrument of indictment may be conducted against the accused under that name, also referring to the name under which the defendant is charged. Before proceeding against the accused under this subsection, the court shall attempt to determine the true name of the accused. If a certified copy of the life birth certificate was never issued to the defendant, the court will require the defendant under oath or assurance to provide the true name of the defendant. The court shall proceed in the name given unless the court is satisfied, by the weight of the evidence, that the name is not the true name of the accused. (2) At the request of the accused, all names other than the true name of the accused shall be struck out from all indictments read or presented to the jury. (3)(a) The following may submit a motion to require that a false name used by a defendant be removed from an indictment, warrant or judgment and that the true name of the defendant, if known, be substituted: (A) The District Attorney; or (B) a person whose name matches the false name used by the accused. (b) Before the court can grant any motion filed under paragraph (a)(B) of this subsection, the court must give the district attorney notice of the motion and an opportunity to comment. (c) If the court grants a request under this subsection, the court shall order that the false name be removed from the instrument of indictment, warrant or judgment and replaced with the true name of the defendant. In addition, the court orders that any arrest warrant issued against the defendant must reflect that the defendant is using a name other than the defendant’s real name. [formerly 135,350; 1985 c.540 §31; 2003 c.645 §5; 2013 c.366 §65] ORS 135.067 Effect of failure to provide the true name of the accused on certain types of release. If, on or after August 12, 2003, a defendant fails to provide the true name of the defendant under ORS 135.060 or 135.065 and is on personal acknowledgment, conditional release, or security clearance and has filed less than the full security amount determined by the judge, the judge of the released the accused, at the request of the District Attorney and based on a probable cause, causes the accused to be brought before the judge. The magistrate is conducting a hearing to determine dismissal under ORS 135.245. [2003 c.645 §7] * * * * * ORS 813.017 indictment; Booking. If a person is charged with driving under the influence in violation of ORS 813.010, a court must ensure that the accused files the booking if the person has not already been booked on that charge. [2015 c.145 §2]
What to Expect After Your DUI Arrest in Oregon
If you’ve never been arrested for drunk driving, you probably have no idea what’s about to happen to you. You certainly won’t be prepared for this as nobody expects to get arrested for getting behind the wheel. Even if you had a few drinks and knew not to drive, you probably assumed you would reach your destination safely. Unfortunately, many Portland drivers are stopped and subsequently arrested on suspicion of DUI.
After being arrested, you will likely spend the night in jail before being allowed to go home. However, this is only the beginning of the process. The next step is the DUI hearing, and you may also be at a loss as to what to expect here. The first court appearance is called the indictment and is the session where you will be formally charged with driving under the influence.
You can find out where and when you have to appear from the police summons or your release agreement. The indictment is not a trial and all you are expected to do is file a plea. Your Portland DUI attorney will advise you on how to argue based on their assessment of the facts surrounding your case.
The prosecution process
You will likely be charged the day after your arrest, or within a few days. Before you submit your plea, the judge will confirm your identity and inform you of the charges against you. Depending on what your attorney has advised you, plead guilty, not guilty, or non-contestable. You must ensure that you show up for court at the specified date and time.
Otherwise an arrest warrant will be issued against you. You will then face a no-show report, which only complicates your situation. In some cases, your attorney may appear on your behalf, but you need to be aware if this is an option. At the end of the indictment, the judge will tell you when you need to appear in court again.
The Discovery Process
The next phase is the discovery process. In this case, your attorney will ask the state to produce any evidence they have against you. This includes the police officer’s report and the results of your sobriety, breath, blood or urine tests. Your attorney will look at all the evidence and determine if the correct procedures have been followed. This will help them determine the best strategy.
preliminary hearings
If you plead not guilty, proceed to a preliminary DUI hearing. In this case, the prosecutor is trying to convince the judge that he has a strong case against you. If the state cannot show that it has sufficient evidence, the judge will dismiss the case. Otherwise, the matter will be heard by a judge or a judge and jury.
How to make a good impression when you appear in court
In a perfect world, the evidence will be the only thing that matters. However, you also need to be aware of how you will appear in court. The judge and jury are influenced by how you dress, speak and behave, even if they are not aware of it.
This means you should:
Show up on time or even a little earlier
Dress conservatively and professionally. A DUI hearing is not an opportunity to show off your personality or keep up with trends.
Refrain from eating, drinking or chewing gum
Be respectful when addressing the judge
Why It’s So Important You Hire a DUI Attorney
Given the significant impact a DUI conviction can have on your personal and professional life, you need solid legal advice and representation. In addition to the possibility of jail time, you could face hefty fines, lose your job, and have a permanent stain on your record. The best way to fight the charges is to consult with an experienced DUI attorney in Portland prior to your arraignment. This way your lawyer can advise you from the start.
Contact the Trilogy Law Group to discuss your case
Book a consultation today to learn how our team at Trilogy Law Group can help you. Even if you’re innocent, we’ll do everything we can to get you released. If you are guilty, we can help you achieve the best possible outcome. No need to try and do things on your own account when the stakes are so high.
How to Get Out of & Win a DUII Case in Oregon
As a starting point, when learning how to fight your case and how clear DUI/DUII charges are in Oregon, it’s important to remember that prosecutors must always prove their case beyond a reasonable doubt.
This means that if the state is unable to establish an element of the DUI offense or improperly performed a breathalyzer, blood, urine, or other chemical and sobriety test, it has failed to assign liability under the law prove. This is where many people get out of DUI, DUII charges in Oregon immediately when this general scenario has taken place and can be shown in court.
It is also important to note that many Oregon police departments, such as Washington County, are posting March DUII arrests online 24/7 today in real time. A search for this offense is most commonly found under booking fee:
813.010 DUII MISD ALCOHOL / DRIVE UNDER THE INFLUENCE OF INTOX – 3
813.010 DUII MISD / DRIVING UNDER THE INFLUENCE OF INTOX – 1
813.010 DUII FEL / DRIVING UNDER THE INFLUENCE OF INTOX – 2
813.010 DUII FEL ALCOHOL / DRIVE UNDER THE INFLUENCE OF INTOX – 4
000.002 / HOLD (FTA DUII HIT & RUN)
For drivers concerned about their arrest photo and booking information posted online, an online DUI arrest check will also show you exactly how to protect yourself and remove an online arrest photo in Oregon for free.
This latest news report on DUI-related wrongful arrest scenarios happening to drivers also occurs regularly throughout the state of Oregon. An improper charge is when it is based on an officer’s erroneous observations of drunk driving or his predetermined bias toward a person operating a vehicle under the influence of drugs, alcohol or medication.
So how can you fight and win against these DUI allegations?
It all starts with challenging all the evidence in the details of the arrest that the police and prosecutors will use against you. Yes, you need a DUII attorney who has experience fighting charges. But not all attorneys are equal and effective in the DUI portion of the Oregon 2022 law. This is where we step in and help for free online before you spend money on a lawyer you are unsure about hiring in your local jurisdiction.
There is no substitute for staying current on your case and knowing what your true defense options really are. With any attorney you ultimately decide to hire, it is important to know what they are actually doing (or should be doing) for you.
Too many people rush to write a check to a DUI attorney only to find afterwards that minimal effort was made on their case.
While there is never a guarantee of a criminal offense in Oregon, the more you know in advance what to look for, the better your chances of winning in court and not being taken advantage of by unreliable attorneys.
Consider the ins and outs of your own Oregon DUII arrest
Her defense begins with the evidence presented by the Oregon State Attorney. The arrest process can be extremely flawed and not properly followed by the police. Only an experienced defense team can spot all the mistakes made from the moment you were stopped to the moment you were fired.
If you would like these details verified immediately, please fill out the free DUII verification form on this page or call our toll free number if you prefer. It’s important to know in advance if there are ways to win the case, to get the offense dismissed quickly, or to figure out the best way to get the charges downgraded, as it relates to your own specific arrest situation.
Don’t I deserve to be punished for DUI?
Not if you are innocent of the DUI or in cases where the police made traffic control errors, arrests, or other legal technical errors in their report that would invalidate the prosecution in Oregon courts.
We all learn valuable lessons when we get arrested for DUII, and this is certainly one of them. But do you have to lose your driver’s license, your job, your money and possibly your freedom? Everyone recognizes that blatant drunk driving and crashing will result in stiffer penalties in Oregon. But in most cases, drinking a few beers and getting a DUII doesn’t mean you should face lifelong consequences, since even an initial DUII conviction in court will be permanent at any future background check.
How can I avoid a license suspension for a DUII in Oregon?
There are potentially successful legal defense options to find ways to prevent a suspended license for a DUII offense. It does this by letting us know what happened during a driver’s arrest. We are then able to provide the appropriate defense tactics necessary and prevent the DMV from revoking a driver’s license following a DUI charge.
This government hearing to determine whether or not a license will be suspended is the first court hearing a driver attends just days after being arrested for DUII. With only a few days for a driver to take action to avoid a lockdown in Oregon, the timing of when you take action with our help is critical.
What happens if I fail the breath test?
When a driver fails a breath test during a traffic stop, they often think a guilty conviction is inevitable. This is not true at all, whether you failed a breathalyzer test or a blood test after being charged with DUI. Many times, law enforcement officers make mistakes in either the testing procedure or the equipment itself is not calibrated to meet the specifications of the Oregon Driver Alcohol and Drug Sobriety Testing Act of 2022.
We can immediately start checking this information in the context of a driver arrest in good time before the next court hearing. The importance of challenging this information soon after the indictment is critical to the chances of not only dismissing the case quickly, but also avoiding any costly consequences.
If this is my first offense in Oregon, what are my chances of getting the DUI charges dropped?
A driver who fights a first DUI offense always has a better chance of having the charges dropped than a repeat offender. However, reducing or fully dismissing a DUI to reckless driving requires a very strong defense under Oregon’s tough new 2022 laws. This will only happen when experienced legal professionals with us can advise you on how to challenge the test evidence and arrest details reported by the officer.
Can I avoid having the ignition interlock installed in my car to be able to drive again?
An ignition interlock requirement is one of the worst of the new DUI and DUII episodes an Oregon driver will face if convicted of the offense. This device is an automobile breathalyser that is wired into any vehicle that a person drives after they have been found guilty in court. A person can avoid the ban penalty and its high cost if they can properly fight the charges from the beginning of the proceedings, before that result takes effect.
How we can help you get out of the DUI charge right now.
Being able to review an arrest for defense evidence well in advance of your next court date increases the likelihood of a DUII charge being dropped and avoids a suspension of the OR’s driver’s license at the DMV hearing, which occurs first, just days after an arrest.
Important: If you have just been arrested for drinking and driving and this is a first-time offence, this page outlines preventive steps to avoid the ignition interlock device and its high cost. For most Oregon drivers charged under the harsh new laws today, knowing if they need to have the ignition interlock installed and finding ways to stop them in time is as beneficial to their lives as that Dropping or reducing charges in court.
For both Oregon DUII alcohol and drug offenses, a failed sobriety or breath test does not automatically mean your case cannot be won, and you may be able to beat your case overall if timely appropriate action is taken in your defense . Also, through our free online assessment of the details of your arrest with no further obligation to use, the best DUII lawyer will review the circumstances of what happened during your arrest. This expert legal help is vital as they will find potential flaws and other strengths that can be used to your advantage to win your case and beat the charges in court.
You can also find out how much your own case is likely to cost based on your arrest details of what happened. A thorough online review of your arrest details with us can be your best help in knowing what to do by finding ways to get you out of the DUII offense in court as quickly as possible. The new state law is strict, and a driver must know how to effectively win a case in court.
By letting us check your arrest details online, you can be sure that at no point during the traffic stop or during the arrest process did the police violate any of your rights or make a mistake. Oregon has strict DUII laws and financially harsh criminal penalties, including requiring an expensive Oregon ignition interlock device to be installed in your vehicle. You are considered drunk or driving under the influence if your blood alcohol concentration (BAC) is 0.08% or more.
There are a variety of methods for determining sobriety and blood alcohol levels, including blood tests, urine tests, breathalyzers, and also a variety of roadside tests also known as on-site sobriety tests. Depending on the type or methods used to conduct the tests and their accuracy, a top Oregon DUI attorney in your area can discuss all of your options and strategies for challenging the accuracy of the tests and possibly having the results suppressed in court be able. These BAC or drug test results are often the best evidence prosecutors have against you to prove a case. Failure to allow them to appear in court usually results in the case being won by dismissing the DUII charges and beating the case outright.
However, if you do plead guilty or are convicted of a DUII offense in Oregon, the penalties can be quite severe and expensive. These include a license suspension, possible jail time, and high attorney fees and fees. Plus, your insurance premiums will also increase significantly, and some companies may drop you altogether after an initial DUI conviction.
The seriousness of driving while under the influence of alcohol or drugs should not be taken lightly by anyone. That’s why we’re here as a free online resource to help you fight and beat a DUII arrest in the OR and why it’s so important to know why you were told that They were stopped in the OR first place.
I got arrested for DUII in Oregon, what should I do to win my case?
Knowing what to do if you are charged with a DUII in Oregon is an absolute must for any driver. No one expects to be pulled over and arrested for driving under the influence of alcohol, marijuana or any other drug in Oregon or anywhere in the country. While it can be an extremely stressful situation, you need to be mindful of your right to defend yourself and what to do next. This is because you can now take immediate steps that can prevent the serious consequences of DUI charges from ever happening.
After we have investigated the details of your arrest and informed you of all the legal tactics and avenues that are actually available to potentially drop or thwart the charges, you can also rest assured that your attorney will do everything he or she can should do your case. This way you can be sure that a lawyer will not make even the smallest effort at your expense – which can happen all too often. Having your arrest details analyzed online by us is the critical step you need to uncover possible ways to protect your license, your hard-earned money, and your freedom. Using your own arrest information, we’ll show you exactly what your best defense is to throw out a DUII case outright in court.
We want to help you protect yourself against Oregon’s harsh DUI court system and not risk losing your license and financial security to the high legal costs that come with the DUII process. We do not advocate drunk driving, but recognize that the system may appear biased towards those charged with the offence. We know how the political climate disadvantages those accused of driving under the influence of arrest offences. Many prosecutors and officials in this state can treat defendants as if they are guilty before any facts are presented. You have rights worth defending and a future worth protecting for you and your family.
If you keep hoping things will change, or just relying on your attorney to help you, your chances of maintaining your financial security and possibly dropping your case if mistakes were made in your arrest are limited. Time is money, especially when driving under the influence of alcohol. Between Oregon DUII attorney fees and additional costs like time off work for court dates, vehicle impound fees, etc., the money quickly adds up. Because of this, you need to take control of your situation and learn the true answers based on what happened to you, as this can reveal ways of what to do to fight and get out of a DUI charge completely.
Regardless of what part of Oregon you live in, our free online custody assessment service can prove extremely useful to you with easy-to-follow steps and ways to dismiss a DUII-related case. By taking action and learning about the shortcomings or procedural errors made during your arrest, these are some of the best techniques needed to maximize the chances of your misdemeanor charges being dropped. This outcome will also avoid going through a lengthy and costly DUI court process.
We sincerely believe that most people who make a mistake won’t have to pay the rest of their lives for relatively common Oregon alcohol or drug DUII cases that didn’t result in injury or worse. Don’t become a victim of a potentially harsh and financially draining system by not being fully informed of all your true options based on your own individual arrest circumstances. Now is the time to take back control of your future and learn all the ways what to do quickly in the fight against DUII charges.
We can help you know what to do to take action against DUII driving under the influence of arrest charges
If you’ve been charged with drunk driving, DUII, or DUI offenses anywhere in Oregon, there’s a lot at stake other than your driver’s license. You have important first steps to take, and in your case you need to take them as soon as possible.
Our free online assessment of your arrest details provides the information you need to make the best decisions that may reveal ways to beat the charges against you.
Getting arrested for DUII today is stressful for anyone, and you may have stopped thinking clearly even if your court date is a long way off. While a misdemeanor or felony charge is serious, there is always a strong defense that can be built to fight and win a dismissal of the Oregon case.
How to Know the Facts of the DUII Case Before Filing a Lawsuit
Then, through the free online review of the details of your arrest that we provide on this website, you can learn just how harder it is to prove a DUII in Oregon than you might first think – even if you have the breath, blood, Failed urine or other field sobriety exam. Based on our careful analysis of your arrest information, you may very well learn the following:
• You may have a strong defense, even if you don’t believe it, if the arresting officers made mistakes at any point during the arrest process.
• Your case specifics may highlight opportunities to invoke a lesser offense for something less serious than a DUI conviction in Oregon.
For this reason, you should never automatically plead guilty until you have verified your arrest details and the best affordable DUII attorney in your area can review your case and discuss your legal defense options that you may not even know exist.
Drinking and driving in Oregon is not against the law
There is a lot of confusing information out there about drinking and driving, and you may think that even if you’ve only had one drink, you’re guilty if you’re arrested for DUI. In Oregon, there is no law prohibiting drinking alcohol and driving as long as it is below the legal BAC limit of 0.08.
Drinking and driving alone are not enough to prove a DUI conviction. Even if the BAC test results may be above the legal limit, the readings can be challenged once your arrest has been thoroughly analyzed to determine the circumstances at the time of the arrest.
Find out about your situation and what you can do to effectively defend yourself against driving under the influence of a charge.
By taking the time to watch the videos and informational pages on this site, you can learn why it is so important that only your own arrest details can provide the key to getting out of a DUII violation at your court date .
Even in the rare event that a case cannot be dismissed, charges can be reduced to something less serious than a DUII offense. Never assume the case can be proven against you, and you can’t possibly fight or beat Oregon’s drunk driving charges.
Take the right action now and see if you have a strong defense that will challenge your case to be dismissed outright, or have it reduced to something less serious. It is important to find out this information based on your own scenario before making any decisions that may affect the rest of your life if a DUII is found in your background.
Learn all the facts on how to fight and beat your own Oregon DUII Arrest Charges and win the case
After their arrest, many people enter a guilty plea, only to learn they had a strong defense that may have effectively beaten their DUII charge. It may very well be that even a small detail is just what will save you from being convicted of drinking and driving. After being able to review the details of the case, a top DUI attorney will know exactly what to do and how to identify possible avenues to have your charges dropped or thrown out in court.
It is important to your future that you never blindly plead guilty to any type of DUI charge in Oregon until you are fully informed by having your arrest details professionally verified. This way you can find out if the prosecution can prove their case or if the required evidence is not enough. If evidence is found to be invalid or errors in your own arrest are shown, in most cases the DUII charges against you must be dismissed.
You owe it to yourself to find out if you have a good defense to possibly beat your charges and dismiss the case, simply by taking the crucial first step and having your arrest details analyzed online to determine your best options. There are many ways to defend a DUI charge in Oregon, even if you failed breath, blood, or urine tests and if one of the BAC readings was above the legal limit when police tested you.
An experienced DUII attorney specialist will review your DUI arrest details with us online and can also help determine if you can file a plea for a lesser offense in lieu of this more serious offense. Depending on your arrest circumstances, you may even be able to plead guilty to reduced charges (similar to a speeding ticket) and possibly keep your driver’s license and avoid the ignition blocking device punishment.
Depending on the circumstances of the incident, you can also find out what you can do to avoid DUI penalties in 2022 by fighting for a full acquittal. Expected consequences for a DUII conviction or an admission of guilt in OR can be:
• criminal record
• Ignition locking device
• Prison
• Fines
• Increased insurance benefits
• Temporary or permanent loss of your driver’s license
• Loss of your job if you are dependent on your work permit
• Future employment problems due to a persistent DUI on your criminal background check
Find out all the ways you can use tactics to fight and beat a DUI charge in Oregon before you plead guilty or your case is too advanced to help. Once you’ve filed a guilty plea for a DUII violation in that state, it’s difficult, if not impossible, to retract. Another benefit of carefully examining your arrest records is ensuring that any mistakes made during your arrest can be uncovered and used to your advantage to potentially win and extricate yourself from the crime at your court date.
Know how much your DUII case will cost up front to fight
At FightDUICharges.com we offer our free check on your arrest details to help you figure out what you can do to beat a DUII case in OR. We will also help you figure out how much your particular case should cost to fight in court. The best DUII lawyer in your area will go through your details and offer you some strategies along with expected fees and pricing information for your case.
Finally, when you decide to hire a top DUI attorney to fight and beat the DUI charges in your jurisdiction, most will offer a flat fee, giving you the peace of mind of knowing exactly what they will charge. Also, many attorneys have convenient financing available after reviewing your arrest details to make it easier for you to get the best representation to challenge and get out of a case with a full discharge. That way, you are never simply settling for a public defender who may not be qualified enough to possibly lead your case to the best possible outcome.
Your free online assessment of your arrest details covers every town and village across Oregon and will help identify potential avenues to beat DUII alcohol or drug use charges in court. Whether you are facing a BAC DUI denial case, a first time or a second DUI repeat offense in Oregon, you can take the right action today by using the best free online resource to analyze the details of your arrest to let.
With no commitment whatsoever, experienced defense attorneys in your area will review your arrest details and can be your best defense, revealing your case strengths and potential mistakes that can be used to your advantage. Next we will discuss with you your possible options as well as the costs you can expect for your DUII case in OR.
Time is of the essence when it comes to what to do and what action to take with any driving under the influence, and we are here to help you get started in the right direction to avoid the DUI charges Drunk or drug driving fight in Oregon. Based on your arrest details, our world-class, affordable DUI attorneys in your area will find the best way you can fight to get out of a DUII in:
Baker County
Benton County
Clackamas County
County Clatsop
Columbia County
Coos County
Crook County
Curry County
Deschutes County
Douglas County
Gilliam County
County Grant
Harney County
Hood River County
Jackson County
Jefferson County
Josephine County
Klamath County
Lake County
Lane County
Lincoln County
Linn County
County Malheur
Marion County
Morrow County
Multnomah County
Polk County
Sherman County
Tillamook County
County of Umatilla
Union County
Wallowa County
Wasco County
Washington County
Wheeler County
County Yamhill
Albania
Aloha
Altamont
Friendship
Ashland
Astoria
bakery town
beaver tone
To bend
Brookings
canby
cedar hill
cedar mill
Central point
City of the Dales
clackamas
Coos Bay
mold
Cornelius
Corvallis
cottage grove
Dallas
Dayton
Deschutes River Woods
eagle point
Eugene
fair view
Florence
forest grove
four corners
Garden House Whitford
gladstone
Grants Passport
Green
Gresham
happy valley
Hayesville
Hermiston
Hillsboro
Hood River
independence
Jennings Lodge
crossroads city
emperor
Klamath Falls
La Grande
la pine
lake oswego
Lebanon
Lincoln City
Madras
McMinnville
Medford
Milton-Freewater
Milwaukee
Molalla
Monmouth
Neuberg
Newport
north bend
oak grove
oak hill
oat field
ontario
Oregon city
Pendleton
Portland
Prineville
Raleigh Hills
Redmond
redwood
reed sport
Felsenbach
Rosenburg
Rosenburg North
sale
Sandy
wimp
Beach
Sherwood
silver tone
jumping field
St Helens
visit
sunny side
Sutherlin
sweet home
talent
Tigard
Tillamook
Troutdale
Tualatin
Umatilla
West Haven Sylvan
West Linn
western slope
white city
Wilsonville
Winston
wood fire
Local DUI, DUII Oregon July 2022 Additional Legal Resources:
http://www.oregon.gov/odot/dmv/pages/driverid/suspreasons.aspx
http://dui.drivinglaws.org/resources/oregon-first-offense-dui-duii.htm
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