What Are The Driver’s License Consequences Associated With A DUII?
When arrested for a DUII, it depends on whether the breathalyzer test was given. If you do not refuse to provide a urine sample, you will not face a suspension. However, if suspended, and depending on your history with the Department of Motor Vehicles, you may be eligible for a hardship application. You will receive an implied consent sheet that tells you that you have ten days to request a hearing. You are given a yellow paper ticket provided to you by the officer before your release. On the back towards the bottom of the paper, it states, “Your license is suspended and you’re facing certain length of suspension”, 90 days, 1, or 3 years depending on your history. You have ten days to contest the validity of this suspension.
If you need to submit a written request, you can do that through the DMV’s website. You can have your attorney write a formal letter if you have an attorney representing you at that hearing and contest that initial suspension, it is the equivalent of a deposition for a criminal case for a DUII. We interview the officers under oath, cross-examine them, present evidence, and we to try to fight your suspension. Most importantly, we get to gauge the strength of your case on the criminal side of things. It is important to request that hearing. If you choose to represent yourself at that hearing, do not make any statements, because you open yourself up for returned questions.
Those statements are under oath, and used against you by the state. I highly recommend retaining an attorney in this situation, or remain silent and let the officer on record show your response. For the hardship permit, you could be eligible for this permit with the DMV. There is waiting, and back-up period, because we have to make sure you are eligible for this permit. If you do receive a hardship permit, you do have to file an intern’s form called SR-22, you have to file for three years if suspended, except through the administrative side of the department of motor vehicles. It means a court suspension. If suspended through the court system, the judge will allow for a hardship permit. The judge needs to know if you are participating in treatment programs, how often, employment schedule, and what routes you travel to your job. The judge needs to sign off on this permit, and then you submit it to the DMV.
What Are The Penalties And Diversion Programs Associated With DUII Charges In Oregon?
Every county is different as far as the penalties allowed. Wallowa County is a bit more lenient, Washington County is lenient as far as first and second offender punishments. Clackamas County, where I primarily practice is one of the harshest counties for DUIIs. Judges firmly believe that the arrest opposes the community, and driving under the influence of intoxicants is a life taker. It can kill innocent people, and so they treat that as a potential threat.
In Clackamas County, diversion programs are available if you qualify. There are certain eligibility criteria we go through to make sure that you are eligible for a diversion. For a first time offender of a DUI without any aggravating circumstances is 48 hours in jail, one-year driver’s license suspension, and 24 months of probation. Substance abuse treatment package of a DUI conviction is $155, depending on the blood alcohol content, there could be a $1,000 fine or a $3,000 fine or higher. Nevertheless, a standard treatment package would be ten days in jail, 24 days probation with substance treatment package depending on how close your first DUII conviction was, and you could be facing a three-year license suspension. If you get up to four DUIIs in Oregon, it is now a felony; if you get three within a certain time within a 10-year period, you are subject to a felony DUII, that is a mandatory 90 days in jail.
In Clackamas County, it has to be consecutive, and includes incarceration. It has no alternative type of sanctions of programs available. There could be a situation where you get a fourth DUI, then you would be facing a lifetime revocation of your driver’s license, but in certain circumstances, you are eligible to petition the court to reinstate your driving privileges after ten years. We are tough on DUIIs here in Oregon.
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