Driving Under the Influence of Intoxicants in Oregon (DUII)
You can receive a charge of DUII if the arresting agency has probable cause that you were operating a motor vehicle upon a highway or premises open to the public while under the influence of intoxicants. Intoxicants are defined as alcohol, controlled substances, or an inhalant. Most people believe that if your blood alcohol content (BAC) is under .08%, you will not be charged with a DUII. However, you may still be charged with a DUII with a very low BAC if the arresting agency believes other substances are involved or if a certain amount of time has passed between the time you were driving and the time you provided the breath, urine, or blood sample.
DUII Defense Attorney in Oregon City, OR
DUII law in Oregon is complex! There are several steps the arresting agency must take in order for your arrest and BAC test to be admissible in court. Only a lawyer licensed in Oregon will be able to advise you on the strength of your case and your constitutional rights in this type of court proceeding. You should not hesitate in meeting with a lawyer. It is best to contact a lawyer and schedule a consultation as soon as possible.
Having a DUII on your record can be detrimental and stigmatizing. Shannon I. Wilson provides compassionate advice and professional representation through a process that best serves your legal and personal needs.
A charge of Driving Under the Influence of Intoxicants triggers two separate events:
1) A criminal case that could result in jail time, fines, treatment classes, and other court ordered obligations. This is what you are dealing with when you appear at the court date listed on your citation. You do should not wait to hire a lawyer after this first court date. A lawyer may even be able to appear on your behalf and save you the stress and headache of appearing in front of a judge at this first appearance.
2) A right to a DMV hearing to combat the proposed suspension of your driving privileges (must request within 10 days of the arrest). A license suspension for DUI can range anywhere from 90 days up to 3 years. Having an attorney investigate and examine your DMV case can better your chances in avoiding a driver license suspension. These hearings are also extremely useful in defending the criminal component of your case. This is the lawyer’s opportunity to get the officer or deputy to testify under oath. These hearing are recorded and your lawyer may request a recorded copy of the testimony at the hearing. You can refer to back of your implied consent form for additional information on these hearings.
If convicted of a Misdemeanor DUII you could be fined $6,250 and could serve up to one year in jail. Most likely if this is your first or second DUI the court will order fines and jail time significantly less than the maximum penalties. A Felony DUII can result in up to 5 years in jail and you could be fined up to $125,000. Also, with DUII convictions comes lengthy court ordered license suspensions.
Remember, your case is not just about whether you are guilty or not guilty. Your case is about whether the government acted within its authority and whether your constitutional rights were protected through the process. A skilled lawyer licensed in Oregon can defend your rights and protect you through the lengthy court process. The judge will only want you to proceed knowingly and intelligently. There is a lot more to your case than what people see on a television series.
If this is your first time being charged with a DUI, you may qualify for entry into Diversion. This option is best described as “probation” type conditions before the court entering a conviction. If you can successfully enter Diversion and complete all of the court ordered requirements within the time limit, you can have the charge for DUI dismissed by the court. Diversion is not available as an option if you possess a CDL (Commercial Driver License), prior court ordered drug and alcohol treatment within the past 15 years, previous DUI within the past 15 years, or caused another person physical injury in relation to your DUI.
Clackamas County DUI Defense Lawyers for Other Crimes
You may be charged with other crimes along with your DUII. A lawyer will assist you in dealing with the accompanying charges. In many instances your lawyer may be able to achieve a dismissal or reduction of the accompanying charges. The sooner you obtain legal counsel, the sooner you should have the answers to serious legal questions.
Get your questions answered - Call to schedule an initial strategy session (503) 345-7488.