Standing By You During Your DUII Charges
A driving under the influence of intoxicants (DUII) conviction can result in a loss of your driving privileges, fines of $1,000 or more and time behind bars. You may also carry the stigma surrounding a DUII conviction and the expense of getting an ignition interlock, a hardship driving permit and increased insurance rates. If it is not your first DUII, you may also be facing felony charges and all the limitations on your rights and freedoms that come with a felony conviction.
The consequences of a DUII conviction are too serious to try to fight the charges alone. You need to hire an experienced attorney who knows how to fight DUII charges in court and will stand by you at every step. The attorneys at Usera & Snow, P. C. have decades of combined experience and will give you the personalized attention you need during your case.
Oregon’s DUII Laws And Penalties
In Oregon, a person can be charged and convicted of DUII based on either of two theories:
- Driving with a .08 or greater BAC (blood alcohol content)
- Driving while under the influence of alcohol and/or drugs.
In addition, if you have been arrested for DUII and either refused a breath test or provided a breath test with a BAC of .08% or greater, the DMV will attempt to suspend your license.
You will either face a Class A misdemeanor or a Class C felony, which include the following penalties:
- Misdemeanor DUII is punishable by a maximum sentence of 364 days in jail and a fine of $6,250.
- Felony DUII is punishable by a maximum sentence of five years in prison and a fine of $125,000.
With effective representation, it is possible to avoid these harsh maximum penalties, receiving instead the minimum penalties available under the law. Our lawyers possess a thorough understanding of Oregon’s DUII laws, as well as an arsenal of defense tactics aimed at mitigating charges brought against our clients.
Traffic Offenses And Additional Criminal Charges Associated With DUII
We handle other traffic offenses in addition to DUII. One of the reasons why DUII cases can be so complex is that there are many different legal issues involved. Often, a person will be charged with other offenses in addition to DUII. Some of the most common include:
- Reckless driving
- Recklessly endangering another person
- Assault (of various degrees depending on the circumstances and injuries)
- Other traffic violations
If there was a physical confrontation with a police officer, a person could face charges of resisting arrest or assaulting a public safety officer. Each additional charge carries potential penalties and collateral consequences.
Answering Your Questions About DUII
Facing any type of criminal charge is confusing and complicated. Let our team answer some of the questions you might have about your case. Below, you can find answers to some common questions our clients bring to us.
Can law enforcement search my vehicle?
If the police have probable cause to believe that illegal items (such as drugs or weapons) are in your car, the United States Supreme Court has ruled that, in certain circumstances, law enforcement can search your vehicle without a warrant, but only in the places where the item they are looking for is reasonable to find.
Am I required to submit to field sobriety tests?
If a police officer suspects that you are under the influence of alcohol or other drugs, he or she will likely ask you to voluntarily consent to several field sobriety tests. Performing field sobriety tests is voluntary: you have the right to say “no.” However, the state will try to use a refusal as evidence against you. If a police officer has probable cause to arrest an individual for DUII, then he or she may administer field sobriety testing without voluntary consent.
Will I lose my license?
Refusing or failing a breath test can result in license suspension for up to three years, depending on the circumstances of your arrest and any prior DUII convictions. You can challenge the suspension at a DMV hearing. You must request a hearing in writing within 10 days of your arrest.
The DMV hearing process can be very beneficial to the criminal case. The hearing is recorded, and the officer must generally appear in person. This recording establishes what the testimony of the officer will be moving forward and can often be used to establish the foundation for the successful defense of the criminal DUII charge.
I’ve been arrested for DUII – What do I do now?
It is important to contact a lawyer as soon as possible after a DUII arrest. You have only 10 days from the date of the DUII arrest to request a DMV license suspension hearing to contest any proposed suspension. If 10 days pass without a request for a hearing, your license will be suspended for at least one year. I have the experience and knowledge to help you maintain at least some level of driving privileges at your hearing.
What happens in a DUII case that involves the death of another party?
A death that occurs as the result of a DUII is considered manslaughter. In Oregon, a DUII that involves death typically means mandatory minimum sentences outlined in Measure 11. If a defendant is convicted, the mandatory minimum sentence for manslaughter is 10 years according to Measure 11 guidelines.
What is the Oregon DUII diversion program?
The diversion program allows you to enter a guilty plea, which is dismissed one year after completing the program requirements. Typically, you must complete a substance abuse treatment program and attend a session about drunk driving victim impact. You must also install and use an ignition interlock device while completing the program. Completing diversion will dismiss your conviction, but your DUII arrest will remain on your record.
We know you still have questions. We are here to answer them for you in a free initial consultation.