Best DUI Lawyers Portland, OR Of 2024 – Forbes Advisor – Technologist

Oregon, like other states, makes it a crime to drive while impaired by intoxicants. This offense is known as Driving Under the Influence of Intoxicants (DUII), Driving Under the Influence (DUI) or sometimes Driving While Intoxicated (DWI). Intoxicants include alcohol, regulated controlled substances like marijuana, methamphetamine and LSD, or a combination of both.

In the sections below, we cover important Oregon DUI laws and other aspects of the crime: blood alcohol concentration limits, Oregon’s implied consent law, the consequences of a DUI conviction—both criminal and administrative, the process following an arrest and the role of a lawyer in your defense.

Legal Blood Alcohol Concentration (BAC) in Oregon

You are prohibited from driving if your Blood Alcohol Content (BAC) is 0.08% or higher. If caught driving at or above this limit, you’ll automatically face a license suspension for at least 90 days on your first offense.

If you’re under 21, Oregon’s zero-tolerance policy applies—this means any detectable amount of alcohol in your system while driving can result in a license suspension for at least a year, along with potential fines up to $300.

Commercial vehicle drivers are prohibited from operating their vehicles with a BAC of 0.04% or higher. Exceeding this limit can lead to severe penalties, including the suspension of your CDL.

Implied Consent Laws in Oregon

By driving on the state’s roads and highways, you automatically consent to breath or blood tests for determining your BAC level if an officer arrests you under suspicion of DUI. A police officer can request this test if they have reasonable grounds to believe you’ve been driving while intoxicated.

If you refuse the chemical test, you will face severe consequences:

• Immediate license suspension. Your license will be suspended for at least one year upon refusal of the test. The suspension extends to three years if you have a history of refusing these tests.
• Fines. You will face fines ranging from $500 to $1,000 in addition to the suspension.

These penalties are on top of any criminal and administrative consequences you may face if convicted of a DUI.

DUI Penalties in Oregon

In Oregon, whether a DUI charge is considered a misdemeanor or a felony depends on your previous DUI convictions and if the incident caused injury or death. Oregon differs from many states in that it does not allow plea bargaining for a lesser offense in DUI cases. Your options are to plead guilty, no contest or not guilty.

Penalties for First DUI Offense

As a first-time DUI offender in Oregon, you’re likely to face a Class A misdemeanor charge. You may qualify for the Oregon diversion program if you plead guilty or no contest and file a diversion petition within 30 days of your initial court appearance. Successfully completing this program leads to the dismissal of your DUI charge by the court. However, while the charge may be dismissed, the record of your arrest will remain.

A year-long license suspension for a first-time DUI charge is typical, but you may apply for a hardship permit. This permit allows you to drive for specific purposes, such as work, attending a rehabilitation program and essential errands like grocery shopping, taking your children to school or going to medical appointments.

You can apply for a hardship license right away, except in cases where you’ve refused a chemical test. For those instances, you must wait 30 or 90 days from the suspension of your license before applying.

Here are the penalties you will face for your first DUI.

Penalties for Second DUI Offense

If you have one previous DUI conviction on your record, you will still face a misdemeanor charge for a subsequent DUI offense in Oregon unless there’s an injury or death involved. However, with a prior conviction, you will not be eligible for the diversion program.

Note that you cannot apply for a hardship license if this is your second DUI conviction within a five-year period, otherwise, you can still apply, but you’d have to wait for 90 days from license suspension.

Penalties for Third DUI Offense

If you’re charged with a DUI in Oregon and have no more than one previous offense within a 10-year period, it’s considered a misdemeanor. However, if you have two or more convictions within a 10-year period, your third offense will be classified as a Class C Felony.

Charges escalate to at least a Class B Felony if the DUI involves injuries or death.

While a felony DUI may lead to permanent license revocation, you can petition the court for the restoration of your driving privileges, though this can only be done after a minimum of 10 years have passed since the date of revocation. Also note that for a third or subsequent conviction, you are not eligible to obtain a hardship license.

What to Expect After a DUI Arrest in Oregon

If you are arrested under the suspicion of drunk driving, you will likely undergo a BAC test. Refusing or failing this test will result in the immediate confiscation of your driver’s license by the arresting officer. A temporary license will be issued in its place, but your driving privileges will be suspended by the DMV 30 days after your arrest. You can challenge this suspension by requesting a DMV hearing within 10 days of your arrest. This administrative suspension by the DMV is separate from any criminal proceedings related to the DUI incident.

After your arrest and booking, you will be brought to your first court appearance, also known as the arraignment, which may occur on the same day or soon after. During this appearance, the judge will confirm your identity and explain the charges against you. You will then enter a guilty plea, not guilty or no contest. Based on your plea, the judge will set your next court appearance date.

If you plead not guilty, your case will enter the discovery phase, during which your attorney will request all evidence that the state has against you. Your lawyer will then examine this information and develop a defense strategy.

Before your case advances, you will have a preliminary DUI hearing, in which the prosecutor must convince the judge that there is enough evidence to proceed with the charges. If the evidence is insufficient, the judge may dismiss your case. Otherwise, your case will go to trial.