Proctor & Popia:
Driving Under The Influence Of Intoxicants (DUII) Charges
In Oregon, the legal limit for blood alcohol level (BAC) while driving a vehicle is .08. However, in Oregon you may also be arrested and even convicted of DUII if your BAC shows a result of less than .08. That is because the law states that a person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person has a BAC of 0.08 or more or is under the influence of intoxicating liquor, a controlled substance or an inhalant; or a combination of intoxicating substances.
You may also be surprised to learn you can be convicted of DUII if your driving is adversely affected by prescription medication.
Finally, although drivers with CDL's were once ineligible for diversion, recent changes may allow some drivers with a CDL that is no longer valid, to participate in diversion.
Corbridge Law Group:
If you have been arrested or charged with any crime, you need an aggressive, devoted criminal lawyer that will provide you with the best possible defense which you are entitled to.
If you are in the position of having to go through a criminal proceeding, you will need an experienced criminal lawyer who can help you with your criminal problem.
Shelley Fuller:
If recent events such as DUI, criminal charges, an impending divorce or other matters have required that you seek an attorney, donāt delay.
Peter Carini:
To preserve your right to drive in Oregon, you must request a hearing
within 10 days after your license has been taken from you by an officer
or within the time set by Motor Vehicle in a revocation letter. A
hearing must be initially scheduled within 30 days. If you had a valid
license when stopped, you are qualified for a temporary license to
drive until the hearing. This temporary license is good for only 30
days. If you lose your case at the hearing, your license will be
suspended when the temporary license expires. It is our opinion you
should request the officer's presence at the hearing. Crucial defenses
can be developed at the hearing, and if you want to substantially
increase your odds of winning your case, or need to know whether your
case is winnable, you will need to request a DMV hearing.
There
are several traffic crimes, misdemeanors and felonies. They are all
serious and carry license suspensions. You should seek legal advice to
learn the options and the consequences of each charge.
Driving While Under the Influence (Alcohol or Controlled Substance) ORS 813.010. This
is a misdemeanor and the first one within a 10 year period can be
"diverted" (Diversion). If a person completes Diversion, the DUII will
be dismissed after one year. Thereafter, the next DUII following
Diversion carries a minimum sentence of 2 days jail, $1000 fine, and
license suspension of one year.
In addition to the criminal offense of DUII, if the
Intoxilyzer result is .08% or higher, the Department of Motor Vehicles
will suspend your driver's license for 90 days. You have a right to a
hearing if you request one within 10 days of the arrest. Accordingly,
time is of the essence and you should call an attorney immediately.
The fourth DUII becomes a felony.
Reckless Driving ORS 811.140. This
charge is a misdemeanor. A typical sentence for Reckless is a fine,
sometimes community service or a Safe Driving Course AND a 90-day
driver's license suspension. This type case is a difficult one for the
prosecution to prove because of the definition of "Reckless" so it can
often be negotiated to a Careless Driving which is not a crime but a
traffic infraction.
Hit and Run (Failure to Perform the Duties of a Driver when Property is Damaged) ORS 811.700. This is a misdemeanor. If a person is injured, it is a felony pursuant to ORS 811.705.
The
typical sentence for the misdemeanor is a fine AND license suspension
of 90 days. A felony sentencing can be much more severe. A thorough
investigation of the charge can often reveal problems with the
prosecution and, because of the seriousness of the consequences, you
should seek legal advice.
Attempting to Elude ORS 811.540. This
is a felony if attempting to elude while driving your vehicle but a
misdemeanor if you get out of the vehicle and run. Often, a person
charged with Attempting to Elude did not realize that a police officer
was attempting to get their attention and have them pull over. You may
very well have a defense to the charge and should seek legal advice.
A typical sentence involves a fine AND a license suspension.
Driving while Suspended Infraction 811.175 (1) (a) Driving while suspended.
Misdemeanor 811.182.
Driving when suspended for recklessly endangering another, menacing or
criminal mischief while driving; suspended for perjury or making false
affidavit; suspended for refusing to take a breath test or blowing
higher than .08%; suspended for being an habitual offender; being
suspended for a crime punishable as felony, hit and run, reckless
driving, attempting to elude, DUII.
Felony. If suspension resulted from conviction for Murder, Manslaughter, Criminal Negligent Homicide or Assault with an automobile.
Often
a felony can be reduced to a misdemeanor or a misdemeanor can reduced
to an infraction. Because of the seriousness of a conviction on your
driving record, and the inconvenience of have your licence suspended
again, you should consult with an attorney before simply pleading
guilty or no contest.