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DUIIs involve those with legitimate drinking problems, those who made an error in judgment, and those who are wrongly accused. In Oregon it is not illegal to drink and drive. However, Oregon law is one of the toughest on impaired drivers (notice we say “impaired” rather than “drunk”). It is illegal to drive while impaired by alcohol to a noticeable and perceptible degree. If your blood alcohol content is 0.08% at the time you are driving you are presumptively impaired. If you are less than 0.08% at the time you are driving or refuse to submit to the intoxilyzer, you can still be convicted of DUII if the prosecution proves beyond a reasonable doubt that you were impaired by drugs, alcohol, or a combination thereof. Since there is no roadside blood alcohol test in Oregon, there is no way to prove absolutely someone's blood alcohol content when they were driving. Consequently, if you blow a 0.08% or above after you are arrested, that only shows that you were 0.08% or above after you were arrested -- not at the time you were driving. The complexities of Oregon DUII law necessitates that you hire experienced counsel. Two Suspensions: DMV vs. Conviction You can be suspended by the DMV if you fail or refuse the intoxilyzer. If you are later convicted of DUII, there is another separate suspension (which would overlap the DMV suspension). You should promptly hire an attorney following your DUII 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. Diversion If you qualify for diversion (no prior diversions or DUIIs within last ten years, no injuries caused by your driving in this case, no commercial driver's license, etc.), you may want to have an attorney review your case prior to your entering into the 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. Thirdly, an attorney can review the case for possible suppression issues that could result in a dismissal or triable case. Trial vs. Plea Agreements A knowledgeable 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 and 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. DUIIs are highly technical cases to try for the prosecution which require an experienced DUII trial attorney. Attorney Fees Our office usually handles criminal cases on a flat-fee basis, as opposed to an hourly fee. Many clients prefer this arrangement, as it is easier to budget for. HOME | ATTORNEY BIOS | FEES | DIRECTIONS | CONTACT US Copyright © 2007 by Arnold Law Office, LLC. |