DUII (Driving Under the Influence of Intoxicants) is the one crime that most everyone, including police officers, judges and lawyers, have committed at one time or another. A small percentage of motorists operating under the influence of alcohol or controlled substances are pulled over by police and questioned. The atmosphere of DUII enforcement in the Eugene area is sophisticated and oppressive at times. What was once considered a common practice of having a beer after work, or glass of wine with friends & family, can now land a person in jail due to the hyper-vigilant enforcement of DUI and traffic laws in the area. Federal grants and subsidies given to local governments for DUI enforcement have increased enforcement throughout Western Oregon.
Most people agree that driving while you are drunk or high is not a good idea, but it is also a very common and sometimes difficult to avoid occurrence in America’s geographically dispersed car culture. Residents of Oregon should be aware that the state’s drunk driving laws are some of the toughest in the country, making DUII an extremely serious offense. If you’ve been charged with driving under the influence, you’ll want to have an experienced DUI lawyer by your side to ensure you make the best possible decisions throughout your case. A detailed review by a criminal defense attorney followed by an investigation can often make or break your case. When your livelihood is at stake due to a DUI arrest, it is in your best interest to act quickly with a savvy Eugene DUI attorney that can give your case the proper attention that it deserves.
Losing your driving privileges can create major obstacles in your everyday life. After a DUII arrest, you are at risk of losing your license both criminally (through the court) as well as civilly (through the DMV). A DMV hearing is used to determine whether you will keep or lose your license, regardless of whether or not you have been proven guilty. Everyday tasks such as driving to work, going to the grocery store, or picking your children up from school can become quite complicated. Long term consequences of a DUII conviction can include difficulty obtaining employment, maintaining professional licenses, and qualifying for financial aid for schools. In addition, those offenders that are professional motor vehicle operators may lose their commercial driver’s license and be completely out of work shattering one’s career.
Oregon DUI Law Highlights: Selected Penalties
1st Conviction:
Jail or Road Crew: 2 days min, typically up to 10 days
Court Ordered Drivers License Suspension: 1 year
Hardship Permit: Requires Ignition Interlock Device (IID) + SR-22
Base Fine: $1,000 min $2,000 if you blow 0.15% or higher $6,250 max
2nd Conviction:
Jail or Road Crew: 2 days min, typically around 30 days
Court Ordered Drivers License Suspension: 3 years if 1st DUI within 5 years, otherwise 1 year
Hardship Permit: After 90 days with IID + SR-22
Base Fine: $1,500 min $2,000 if you blow 0.15% or higher $6,250 max
3rd Conviction:
Jail or Road Crew: 2 days min, typically 60-100 days – Felony DUII punishable by prison if 3rd within 10 years.
Court Ordered Drivers License Suspension: Lifetime Revocation
Hardship Permit: None but can petition for restoration after 10 years
Base Fine: $2,000 min (if not sentenced to prison) $6,250 max
4th Conviction:
Jail or Road Crew: If no other criminal convictions than the DUII’s 15-18 months prison. If criminal record, 25-30 months prison.
Court Ordered Drivers License Suspension: Lifetime Revocation
Hardship Permit: None but can petition for restoration after 10 years
Base Fine: Up to $100,000
Note: In all cases, people convicted of a DUI will be ordered to complete a drug/alcohol assessment and treatment program, attend a Victim Impact Panel, and be on probation to the court. Additionally, the DMV will suspend the license of anyone that blows 0.08% or higher for 90 days and for 1 year for a refusal to blow. DMV suspension starts 30 days after the date of the incident.
In order for a person to be convicted for DUII in the state of Oregon, the state must be prove that a person was driving a vehicle on premises open to the public while under the influence of an intoxicant. If you are arrested for a suspected DUII, you will be asked to take a breath, blood or urine test.
WARNING: If you fail or refuse the test, your license will be confiscated and the DMV will automatically suspend your driving privileges anywhere from three months to a year or more. YOU ONLY HAVE TEN DAYS TO REQUEST A HEARING TO CONTEST YOUR LICENSE SUSPENSION.
With these sorts of time constraints, it is crucial that you contact an experienced DUII lawyer as soon as possible after a DUII arrest. Hiring legal help as quickly as possible allows the lawyer to gather witness statements and obtain vital details important to the integrity of your case. Witness testimonies can be very helpful to any case, and having a more accurate and detailed account of the situation is often extremely beneficial. We analyze all available testimony, commit the officer’s testimony to audio record, and ensure that we have gathered all necessary evidence to best represent your case.
For more information about your particular DUII situation click one of the links below:
If you are facing DUII charges call MJM Law Office, P.C. to speak with an experienced criminal defense lawyer in Eugene, Oregon.
Contact Us online or call 541-505-9872 to schedule a consultation.