Eugene Driving Under the Influence Lawyer, DUII, DWI, DUI, Drunk Driving - Eugene, Oregon

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Oregon drunk driving charges can be overwhelming. Whether you are in trouble for your first offense or if you have been pulled over numerous times, the consequences are rarely minor. Although an attorney may not be able to have every charge dropped from your record, we can help minimize the consequences.

Two Suspensions: DMV vs. Conviction

You can be suspended by the Oregon DMV if you fail or refuse the intoxilyzer after a DUII stop. If you are later convicted of DUII, there is another separate suspension (which would overlap the DMV suspension).

You should promptly hire an Oregon attorney following your Driving Under the Influence citation, as there are short time deadlines involved in appealing your DMV suspension. The DMV hearing is critical in defending these cases, because it pins down the arresting officer's testimony on the record before the prosecutor prepares him for trial.

Oregon's Diversion Program

If you qualify for diversion under Oregon's DUII law (no prior diversions or DUIIs within last 15 years [10 years if your arrest was prior to 1/1/2010], no injuries were caused by your driving in this case, you didn't have a commercial driver's license, etc.), you may want to have an experienced DUII attorney review your case prior to your entering into the diversion program. There are several advantages to doing this. First, you will still be suspended by the DMV if you fail or refuse the intoxilyzer and an attorney can defend you at the DMV hearing. Second, if you are not guilty but are charged anyway, the diversion process could prove an unnecessary and expensive inconvenience. Third, an attorney can review the case for possible suppression issues that could result in a dismissal or a triable DUII case.

CDLs and Diversion Eligibility

Warning: Surrender your Commercial Driver's License if you Don't Drive Commercially.

If you are arrested for DUII and you have CDL, even if you haven’t driving commercial for years, you are not eligible for diversion. We repeat: Even if you are cited for DUII while not driving commercially, you cannot enter diversion.

Oregon passed this law a few years ago when the federal government put a gun to the legislature’s head. Oregon had to pass this unreasonable law or face losing highway funding.

This causes folks who would ordinarily be eligible for diversion to have to try the case or plead guilty to DUII and have an automatic one-year license suspension.The state now treats a first-time DUII offender who has an old, stale CDL as a second-time offender.

To surrender your CDL and convert back to a Class C license, visit the DMV (the form is temporarly available online).

If you fill out this form and submit it to the DMV, you alleviate the risk that you get stopped for DUII without the same rights as every other first-time DUII driver.

Trial vs. Plea Agreements

A knowledgeable Oregon DUII lawyer, can attempt to negotiate you the most favorable resolution to your case. In Oregon there is a minimum sanction of 80 hours community service or two days jail which us often road crew in state court but usually a combination of jail and road crew at some municipal courts. There is also a mandatory fine of $1,000 for a first offense, $1,500 for a second, $2,000 for the third. Beginning January 1, 2010, there will be a mandatory minimum of $2,000 for anyone who blows 0.15% BAC or higher. Finally, there is a driver's license suspension ranging from one year to life, depending on the number of prior convictions.

If you choose to take your case to trial, the officer and prosecutor will emphasize all of the purported signs of impairment. These include the normal signs that we all associate with intoxication (bloodshot eyes, slurred speech, sway, etc.) as well as field sobriety tests.

Other things emphasized at trial include driving issues. You often hear of a sway within the lane as an indicator (although not a violation of the motor vehicle code) or failure to maintain a lane (crossing over the line). Of course, there could be allegations of more dangerous driving that may or may not have explanations other than alcohol. Finally, the officer will give his or her opinion that you are under the influence of alcohol.

Oregon DUIIs are highly technical cases to try for the prosecution which require an experienced DUII trial attorney. Attorney Mike Arnold is a former Eugene city prosecutor and has experience both prosecuting and defending DUII jury trials.

Managing partner Mike Arnold on what sets Arnold Law Office apart:

Diversion (1st Offense)

Arnold Law Office, LLC, represents clients along the Oregon Coast and throughout Western Oregon, including in Portland, Eugene, Springfield, Salem, Corvallis, Cottage Grove, Albany, Newport, Oregon City, Beaverton, Clackamas, Wilsonville, Tigard, Hillsboro, Lake Oswego, Coburg, Creswell, Florence, Junction City, Lowell, Veneta, Oakridge, Roseburg, Brownsville, Halsey, Harrisburg Klamath Falls, Medford, Ashland, Grants Pass, Glendale, and Bend, and in the following counties: Lane County, Multnomah County, Washington County, Clackamas County, Linn County, Douglas County, Marion County, Coos County, Lincoln County, Benton County, Deschutes County, Josephine County, Klamath County, and Jackson County.

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