| Oregon DUI Law | | | | you and will give you the best chances for a |
| Driving under the influence of alcohol and drugs is | | | | successful outcome. |
| against the law in the state of Oregon. There are | | | | Oregon DUI Criminal Penalties |
| specific consequences associated with driving under | | | | There are serious penalties associated with a driving |
| the influence including suspension of your driving | | | | under the influence conviction in the state of Oregon. |
| privileges and criminal penalties. These consequences | | | | These penalties are applied based on the number of |
| make it necessary for you to give yourself the best | | | | offenses you have committed and any other |
| chance of successfully defending yourself against | | | | aggravating factors. You will face jail time, fines, |
| these charges. Having an Oregon DUI attorney | | | | assessment costs, participating in treatment or |
| represent you is often the only way you can win in | | | | education programs, and community service. You may |
| court or save your driving privileges from being | | | | be eligible to participate in a driver aversion program if |
| suspended. A skilled Oregon DUI lawyer has | | | | you have no prior DUI offenses. This diversion |
| specialized DUI experience and has the knowledge | | | | program will allow you to avoid getting a conviction |
| and skills to develop a defense that gives you a | | | | and facing the penalties associated with such a |
| chance of winning your case. If you are convicted, an | | | | conviction. |
| Oregon DUI attorney will try to minimize the penalties | | | | Oregon DUI cases may not be plea-bargained to |
| imposed against you. | | | | lesser charges. While plea deals of this type are |
| Oregon DUI Arrests | | | | common in some states, in Oregon this practice is |
| When someone is arrested for DUI in Oregon, there | | | | prohibited by state law, specifically ORS 813.170 (*PDF |
| are two separate cases that get started after the | | | | File). This is yet another reason why it is so important |
| arrest. One is an administrative case with the | | | | to consult with a top Oregon DUI defense attorney as |
| Department of Motor Vehicles that deals with the | | | | soon as possible after a DUII arrest. If you comply with |
| person's driving privileges. The second is a criminal | | | | all of the regulations of this program, your DUI charge |
| case where charges will be brought against the driver. | | | | should be dismissed within a one year time period. |
| When you arrested for DUI in Oregon, you do not | | | | Most first offenders are eligible for a diversion program |
| have to be visibly intoxicated to face DUI charges and | | | | unless special circumstances exist. You will not be |
| receive a conviction on these charges. If your driving | | | | eligible for a diversion program if you do not show up |
| abilities are impaired to any degree, you will be charged | | | | at your arraignment without a justifiable cause. This |
| with driving under the influence. Impairment means that | | | | makes getting to your arraignment imperative for being |
| your mental and physical capabilities have been | | | | able to avoid a conviction. |
| diminished to some degree due to the consumption of | | | | If you had any other DUI charges pending against you |
| any intoxicant. Even if you are impaired by prescription | | | | when you were arrested for a DUI offense, you will |
| drugs that were prescribed for a medical condition, you | | | | not be eligible for the diversion program. If you have |
| may still be charged with DUI. You do not have to be | | | | already participated in an alcohol rehab program within |
| driving your vehicle on a roadway to be arrested for | | | | ten years of your arrest, you will not be able to |
| DUI. You can be sitting in a parking lot outside of a bar | | | | participate in the DUI diversion program. A serious DUI |
| or waiting for a ride home from a nightclub. The | | | | offense resulting in death or serious injury makes you |
| exception to this rule is if you are parked on private | | | | ineligible to participate in the DUI diversion program. |
| property as opposed to public property. | | | | Finally, if you have been convicted of murder, |
| The prosecutor in your case will use the testimony of | | | | manslaughter, criminally negligent homicide, or assault |
| law enforcement officers who conducted your arrest | | | | with a motor vehicle within a ten year time period, you |
| to try to prove your guilt. These officers may testify | | | | will be unable to take advantage of participation in a |
| about your driving patterns, physical appearance, motor | | | | DUI diversion program. Having a qualified Oregon DUI |
| skills, and other information from the time of your | | | | lawyer representing you can help you to avoid |
| arrest. When you're arrested, you may also be asked | | | | conviction and give you a chance to participate in a |
| to perform field sobriety tests. When you're arrested, | | | | DUI driver diversion program. |
| you have no obligation to speak with any law | | | | The criminal penalties that are imposed in your case |
| enforcement officials. You are only obligated to | | | | have nothing to do with the Department of Motor |
| present proof of registration along with your driver's | | | | Vehicles. This agency will suspend your license for |
| license card. The prosecutor in your case may also try | | | | refusing to submit to chemical testing or failing a |
| to use the results of chemical testing to show that you | | | | chemical test. This suspension is separate from any |
| are guilty of a DUI offense. Chemical testing shows the | | | | criminal punishments that the court imposes. If you |
| amount of alcohol concentrated in the blood after | | | | want to keep your driving privileges, you need to |
| consuming alcohol. You will usually be asked to take a | | | | contact the DMV and request a license suspension |
| breath test to measure your BAL and determine if you | | | | hearing. If you hire an Oregon DUI lawyer prior to this |
| are committing a DUI offense. Having a skilled Oregon | | | | hearing, you may have a chance of keeping your |
| DUI attorney represent you can help to deflect the | | | | driving privileges until your criminal trial. |
| impact of any of the information introduced against | | | | |