Do You Need A DWI Lawyer In Oregon?

Look for a DUI lawyer in Oregon that has years of experience so that your chances of surpassing your DUI infraction are tenfold. You don’t have to battle your DUI case alone. We have a group of excellent DUI lawyers standing by to assist you, whether you need help filling out paperwork or fighting a claim. Contact us today to set up an appointment with an elite DUI lawyer in Oregon.

In the state of Oregon, it is considered illegal to operate a motor vehicle under the influence of drugs and/or alcohol. Anyone who is found guilty of this offense will be charged with Driving Under the Influence of Intoxicants, or DUI and will be subject to severe penalties.

A DUI charge can be incurred in several ways. The standard rule is that motorist found operating a vehicle with a blood alcohol content (BAC) level of .08 percent or higher will be arrested. The state has lower limits in place for commercial vehicle drivers and for minors. Commercial vehicle drivers who have a BAC of .04 percent or higher and minors (drivers under the age of 21) who have a BAC level of .02 percent and above will be arrested and charged with DUIII.

A motorist may also be charged with DUI if they are affected by drugs or alcohol to a “perceptible degree.” In order to determine sufficient intoxication, an officer might ask the driver to perform a series of field sobriety tests. If the officer deems that a motorist is impaired, they may arrest the driver on the sole assumption of intoxication.

Oregon DUI laws only apply to public highways or roadways. A motorist MAY NOT be charged with DUI if they were operating a motor vehicle under the influence of drugs or alcohol on private land.

The state law requires that all DUI offenders must install an ignition interlock device. An ignition interlock is a breathalyzer that is connected to the DUIII offender’s vehicle and prevents them from starting the engine unless they provide a sober breath sample.

Oregon’s Implied Consent Law

Oregon has an implied consent law in place, meaning that all drivers in the state must submit to a chemical test of their blood, urine or breath to determine alcohol or drug intoxication. If a motorist were to refuse testing, they will have their driver’s license immediately suspended and will receive a temporary license until a hearing date is established.

A test refusal in Oregon is seen very negatively and is used as evidence in the motorist’s court trial. In Oregon, the penalties for refusing to submit to a chemical test are worse than those of the actual DUI conviction.

Punishment for DUI in Oregon

Any motorist who is found guilty of operating a motor vehicle under the influence of alcohol or drugs will be subject to the following penalties which increase depending on whether a minor was present in the car, BAC level, as well as previous DUI convictions. The convicted motorist may incur one or more of the following punishments:

1st DUI Conviction

• May have to complete DUI Diversion Program
• Imprisonment 48 hours minimum up to 1 year or perform 80 hours community service
• Fine of $1,000 minimum up to $5,000
o $2,000 minimum if BAC at/above .15 percent
o $10,000 maximum f child under 18 in vehicle and was 3 years younger than driver
• Miscellaneous DUI fees – $300 minimum
• Driver’s license suspended 1 year
• Ignition interlock mandatory for 1 year following suspension
• Must complete drug/alcohol treatment
• Must participate in Victim Impact Panel Program

2nd DUI Conviction

• Imprisonment up to 1 year
• Fine of $1,500 minimum
o $2,000 minimum if BAC at/above .15 percent
o $10,000 maximum f child under 18 in vehicle and was 3 years younger than driver
• Miscellaneous DUI fees – $300 minimum
• Driver’s license suspended 3 years (if within 5 years of prior DUIII conviction)
• Ignition interlock mandatory for 2 years following suspension
• Must complete drug/alcohol treatment
• Must participate in Victim Impact Panel Program

3rd DUI Conviction

• Class “C” felony (if within 10 years of other DUIII convictions)
• Imprisonment up to 5 years
• Fine of $2,500 minimum
o $10,000 maximum f child under 18 in vehicle and was 3 years younger than driver
• Miscellaneous DUI fees – $300 minimum
• Driver’s license suspended permanently
• Ignition interlock mandatory for 3 years following suspension
• Must complete drug/alcohol treatment
• Must participate in Victim Impact Panel Program

DUI Diversion Program

The DUI Diversion Program is designed to help motorists avoid a DUIII conviction as well as penalties. All first-offense DUIII offenders are eligible for the program. The following are causes that will DISQUALIFY a motorist from the program:

• Failure to appear in court
• Having a previous DUI conviction
• If motorist has participated or is participant in an alcohol rehabilitation program in the past 10 years
• If motorist has been convicted of manslaughter, murder, or any type of assault involving DUIII
• If the present DUI offense did not result in serious bodily harm or death to another

Seek Legal Help Immediately Following a DUI Charge

If you have incurred a DUI charge in Oregon, seek the help of a top DUI lawyer immediately. Oregon law does not allow for plea bargaining, so you need an excellent Oregon DUI attorney working on your case to prevent serious penalties from being imposed.

DUI lawyers in Oregon work hard to clear their clients of their charges. When you work with an elite DUI attorney in Oregon, you can rest assured that your case will end with the best possible outcome. Call today to schedule a meeting with a leading paralegal in your town.

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