THE BASICS OF EUGENE AND SPRINGFIELD OREGON DUI DEFENSE

What Happens When You Get a DUI in Oregon?

Driving Under the Influence of Intoxicants (DUI) in Oregon is a serious offense that can lead to significant legal and personal consequences. Understanding what happens after a DUI arrest can help you navigate the process and better prepare for what lies ahead.

The Initial Stop and Arrest

A DUI charge typically begins with a traffic stop. The Springfield Police Department and Eugene Police Department are out actively looking for DUI drivers every night from about 10pm to 3am. They receive federal DUI grants that rely on a certain number of DUI convictions to keep the money flowing in. In Springfield it is routine practice for an officer to wait outside of a bar parking lot for people leaving the bar that look unsteady on their feet. They are often parked outside of the Alibi, Sweet Illusions and Prime Time. The first traffic violation they watch for is not making a complete stop before the sidewalk prior to entering the roadway. The officer will then typically follow the driver for a brief amount of time until they witness a tire touching a line, or an unsignaled lane change (or not signaling prior to 100 feet of the lane change). Once they have witnessed a minor traffic violation they will light up the driver and make a stop.

At the window the officer will typically look for an odor of alcohol, red, bloodshot, watery eyes, fumbling for license and registration and a stuporous look on the drivers face. They will ask how much the driver has had to drink trying to elicit an admission. The majority of drivers will say something to the effect of “two beers.” Once they have this they will generally consider themselves to have sufficient probable cause to make a DUI arrest and will ask the driver if they want to perform voluntary field sobriety tests so they can gather more information regarding impairment. The driver typically has nothing to gain by performing these tests which are designed to fail.

After making the DUI arrest the officer will then place the driver in handcuffs and take them to the police station to provide a breath sample. Generally speaking, if the driver refuses to take a breath test they will receive a one year implied consent drivers license suspension and the officer will apply for and obtain a telephonic search warrant to take a blood sample. If the driver provides a breath sample and the blood alcohol concentration (BAC) is 0.08% or higher (or 0.04%+ for commercial drivers) then they will receive a 90 day suspension for failing the breath test. For drivers under 21, Oregon enforces a zero-tolerance policy, meaning any detectable amount of alcohol will result in a 90 day license suspension.

Booking and Release

After your arrest, you will be booked at the local jail or police station. This process involves fingerprinting, photographs, and recording personal information. Depending on the circumstances, you may be released on your own recognizance (ROR) or lodged in the jail and required to post bail. Generally speaking if you are polite and cooperative and the case did not involve any injury or aggravating factors then you will be ROR’d.

Court Proceedings

Your first court appearance, known as an arraignment, is usually about a month from the arrest and is where you will be told what you are being charged with and what your legal rights are. At the point of the arrest you have a citation of what the officer thinks you should be charged with, the arraignment is where you find out what you are actually being charged with after the City Prosecutor in municipal court, of the DA in circuit court, has had a chance to review the case. The prosecutor or DA will typically add these charges to a DUI case if possible: Reckless Driving, Recklessly Endangering Another Person, Hit & Run and Criminal Mischief, all Class A misdemeanors with a maximum penalty of up to 364 days in jail and $6,250 in fines. It’s highly recommended to seek legal counsel before the arraignment, as a DUI conviction is not expungeable and can have long-lasting consequences. For more information on the arraignment process see my video about arraignments here: https://youtu.be/aM3OOr1oJQY?si=j-jWZiW8H_3q7p6E

After the arraignment your attorney will collect all of the evidence that the City or State has against you (the discovery file) and be able to advise you of your chances of prevailing at trial versus taking a plea deal. Your attorney may negotiate a plea deal while simultaneously preparing a trial strategy to help leverage a better offer. Oregon also offers a DUI Diversion Program for first-time offenders, which allows you to avoid a conviction by completing specific requirements, such as not drinking alcohol for an entire year, attending a victim impact panel and completing an alcohol and drug education program.

Consequences of a DUI Conviction

A DUI conviction in Oregon can result in:

  • Fines and Fees: Minimum fines start at $1,000 and will be at least $2,000 if the BAC is over 0.15%. Fines can be imposed up to a maximum of $6,250 per misdemeanor charge depending on the severity of the case.
  • License Suspension: Your driver’s license will be suspended for one year on a first DUI, 3 years for a second DUI within 5 years, and for life on a 3rd DUI in any jurisdiction over an timeframe.
  • Ignition Interlock Device (IID): You may be required to install an IID in your vehicle to monitor your BAC before driving.
  • Jail Time or Community Service: A misdemeanor conviction can result in a jail sentence anywhere from 2 days up to a maximum of 364 days. Sometimes this jail sentence can be served on the Sheriff’s work crew or as community service work.

Subsequent offenses lead to harsher penalties, including longer license suspensions, higher fines, and extended jail time.

Long-Term Impacts

A DUI conviction can affect your personal and professional life. It may lead to increased insurance rates, difficulty finding employment, and a permanent criminal record. Additionally, you may be required to complete ongoing treatment programs or counseling.

Final Thoughts

Getting a DUI in Oregon is a serious matter, but understanding the process and seeking professional legal advice can help mitigate the consequences. If you’ve been charged with a DUI, it’s crucial to act quickly to protect your rights and take the necessary steps to move forward responsibly.