Oregon DUI Attorney

Oregon DUI Law

Driving under the influence of alcohol and drugs is against the law in the state of Oregon. There are specific consequences associated with driving under the influence including suspension of your driving privileges and criminal penalties. These consequences make it necessary for you to give yourself the best chance of successfully defending yourself against these charges. Having an Oregon DUI attorney represent you is often the only way you can win in court or save your driving privileges from being suspended. A skilled Oregon DUI lawyer has specialized DUI experience and has the knowledge and skills to develop a defense that gives you a chance of winning your case. If you are convicted, an Oregon DUI attorney will try to minimize the penalties imposed against you.

Oregon DUI Arrests

When someone is arrested for DUI in Oregon, there are two separate cases that get started after the arrest. One is an administrative case with the Department of Motor Vehicles that deals with the person's driving privileges. The second is a criminal case where charges will be brought against the driver. When you arrested for DUI in Oregon, you do not have to be visibly intoxicated to face DUI charges and receive a conviction on these charges. If your driving abilities are impaired to any degree, you will be charged with driving under the influence. Impairment means that your mental and physical capabilities have been diminished to some degree due to the consumption of any intoxicant. Even if you are impaired by prescription drugs that were prescribed for a medical condition, you may still be charged with DUI. You do not have to be driving your vehicle on a roadway to be arrested for DUI. You can be sitting in a parking lot outside of a bar or waiting for a ride home from a nightclub. The exception to this rule is if you are parked on private property as opposed to public property.

The prosecutor in your case will use the testimony of law enforcement officers who conducted your arrest to try to prove your guilt. These officers may testify about your driving patterns, physical appearance, motor skills, and other information from the time of your arrest. When you're arrested, you may also be asked to perform field sobriety tests. When you're arrested, you have no obligation to speak with any law enforcement officials. You are only obligated to present proof of registration along with your driver's license card. The prosecutor in your case may also try to use the results of chemical testing to show that you are guilty of a DUI offense. Chemical testing shows the amount of alcohol concentrated in the blood after consuming alcohol. You will usually be asked to take a breath test to measure your BAL and determine if you are committing a DUI offense. Having a skilled Oregon DUI attorney represent you can help to deflect the impact of any of the information introduced against you and will give you the best chances for a successful outcome.

Oregon DUI Criminal Penalties

There are serious penalties associated with a driving under the influence conviction in the state of Oregon. These penalties are applied based on the number of offenses you have committed and any other aggravating factors. You will face jail time, fines, assessment costs, participating in treatment or education programs, and community service. You may be eligible to participate in a driver aversion program if you have no prior DUI offenses. This diversion program will allow you to avoid getting a conviction and facing the penalties associated with such a conviction.

Oregon DUI cases may not be plea-bargained to lesser charges. While plea deals of this type are common in some states, in Oregon this practice is prohibited by state law, specifically ORS 813.170 (*PDF File). This is yet another reason why it is so important to consult with a top Oregon DUI defense attorney as soon as possible after a DUII arrest. If you comply with all of the regulations of this program, your DUI charge should be dismissed within a one year time period. Most first offenders are eligible for a diversion program unless special circumstances exist. You will not be eligible for a diversion program if you do not show up at your arraignment without a justifiable cause. This makes getting to your arraignment imperative for being able to avoid a conviction.

If you had any other DUI charges pending against you when you were arrested for a DUI offense, you will not be eligible for the diversion program. If you have already participated in an alcohol rehab program within ten years of your arrest, you will not be able to participate in the DUI diversion program. A serious DUI offense resulting in death or serious injury makes you ineligible to participate in the DUI diversion program. Finally, if you have been convicted of murder, manslaughter, criminally negligent homicide, or assault with a motor vehicle within a ten year time period, you will be unable to take advantage of participation in a DUI diversion program. Having a qualified Oregon DUI lawyer representing you can help you to avoid conviction and give you a chance to participate in a DUI driver diversion program.

The criminal penalties that are imposed in your case have nothing to do with the Department of Motor Vehicles. This agency will suspend your license for refusing to submit to chemical testing or failing a chemical test. This suspension is separate from any criminal punishments that the court imposes. If you want to keep your driving privileges, you need to contact the DMV and request a license suspension hearing. If you hire an Oregon DUI lawyer prior to this hearing, you may have a chance of keeping your driving privileges until your criminal trial.

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