Being arrested for DUII is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUII attorney will help you understand all of your rights and options.     

What happens if I was arrested for DUII?
Under Oregon law, once you have been cited for violating the DUII statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Oregon Department of Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.       

Administrative Hearing
Once you have been arrested for DUII, the arresting officer retains your state issued driver’s license and you are issued a 30 day temporary driving permit.  Pursuant to Oregon law, an individual has 10 days to request an Administrative Hearing from the Department of Motor Vehicles.    If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Motor Vehicles within 10 days.           

DUII Penalties for First Time Offenders

Jail Time
A first time DUII offender could face a minimum imprisonment of 48 hours in jail, or 80 hours of community service.

Monetary Fines
The minimum mandatory fine for a first time DUII is $1,000.00, plus costs and assessments.

Driving Privileges
A DUII conviction results in the suspension of driving privileges for 1 year.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year.   

Diversion
The Diversion program allows first time DUII offenders to avoid being convicted of DUII by participating in an alcohol and drug evaluation and an education and rehabilitation program.  The offender’s guilty or no contest plea will be set aside by the Court and the case will be dismissed in 1 year, provided that all of the terms of the diversion agreement are satisfied.

Commercial Drivers
CCommercial drivers are in violation of the DUII statute with a blood alcohol content (BAC) of 0.04.  A first time DUII conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUII offenses will result in a lifetime loss of the commercial license.         

DUII Subsequent Offenses
Penalties are increasingly more severe for any additional DUII violations.  Due to the complexity of DUII laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.