Oregon drinking and driving arrests can bring serious or even life-changing consequences, so it’s critical to have an expert defense lawyer protecting the driver’s rights. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the skills needed to aggressively defend DUI and DUII cases throughout Oregon.

Oregon drunk driving cases are often referred to as DUI, or driving under the influence, and DUII, or driving under the influence of intoxicants. An Oregon DUI or DUII arrest triggers two separate cases – in criminal court, and at the DMV. The criminal case carries the possibility of jail time, fines, mandatory classes, required ignition interlock devices, and other consequences are sought. The DMV administrative case can result in the suspension of the driver’s license.

Although both the criminal prosecution and the DMV case can result in serious penalties, the DMV case is far more time-sensitive. Any motorist accused of DUI or DUII must request a DMV hearing or risk the automatic suspension of driving privileges.

Oregon drunk driving laws are among strictest in the country. Oregon drinking and driving laws don’t require the motorist to be drunk in order to be convicted of DUI or DUII. The driver needs only to be affected to some perceptible degree by intoxicants. The test is whether the individual lacked the clearness of mind and physical control needed to safely operate a motor vehicle.

Intoxicants include drugs, alcohol, or a combination of both. Drivers who are affected by a less-than-typical amount of alcohol because of medication, drugs or even fatigue can still be found guilty of DUII. Oregon’s DUII laws even apply to areas such as parking lots, transit station parking facilities, and school yards, but cannot be enforced on private land not open to the public.

DUI and DUII prosecutions are based on the arresting officer’s observations of driving patterns, physical appearance, and field sobriety test results. The prosecutor also will use chemical analysis of the driver’s breath or blood to prove the offense of driving under the influence of intoxicants.

A driver who submits to a breath test after an Oregon drunk driving arrest may request a blood test or other form of test to measure blood alcohol content (BAC). If the driver’s chemical test shows a BAC of .08 percent or greater, he or she risks being found guilty of driving under the influence of intoxicants even without evidence of erratic driving.

Although many states allow drinking and driving offenses to be plea-bargained down to lesser charges, Oregon law prohibits this practice.

An Oregon conviction for driving under the influence of intoxicants (DUII) has extremely serious consequences. If found guilty on a first offense DUII, the driver faces up to one year in jail, a $5,000 fine plus fees, a one-year driver's license suspension, and a mandatory alcohol evaluation and recommended treatment at the driver’s own expense.

Oregon driving under the influence of intoxicant (DUII) laws allow first-offenders to seek DUI diversion. Diversion programs allow eligible drivers to avoid DUI convictions and the accompanying court penalties if they are able to complete the program requirements that are imposed. If successfully completed, diversion should result in the dismissal of the DUI charge at the end of one year. Punishment for the underlying DUII charges is automatic if a driver begins diversion and fails to complete it properly.

Oregon drivers who fail or refuse a chemical test face a license suspension ranging from 90 days to three years. An Oregon DUII conviction will result in a driver's license suspension that lasts anywhere from one year to the driver’s lifetime.

Because the repercussions of a DUI or DUII conviction are so severe, it’s critical to contact a qualified Oregon DUI defense attorney immediately if accused of drunk driving or any DUII related offense. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.comm can provide a free consultation and will outline a proven defense strategy designed to reduce or eliminate the consequences of an Oregon drunk driving arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.