By: Robert J. Harris
The holidays bring office parties, open houses, and, here in Oregon and especially Portland, Washington County, Multnomah County and Clackamas County, DUII saturation patrols.
There are more DUII arrests in the 30 days between Thanksgiving and Christmas than any other 30 day period of the year. By far.
So if you are one of the unfortunate individuals who was charged with DUII. What do you need to know?
First off, there are two separate enforcement actions that may be taken against you.
The first is a Oregon Department of Motor Vehicles sanction. If you either failed the breath test (you blew a .08 or higher for most people, or a .04 or higher for a CDL, and any amount for someone under 21 years of age) or you refused the breath test, then DMV will suspend your license. The suspension starts 30 days after your arrest, and can be anywhere from 90 days to three years in length. And, if you are an "habitual offendor" your Oregon license could be suspended for 5 years. You may be eligible for a hardship permit during part of your suspension.
You can contest the Oregon DMV suspension, but you MUST ask for a hearing within ten days of your arrest. So its vital that you immediately contact an experienced Oregon DUII lawyer if you are arrested.
The second sanction is the Criminal Sanction. If you're arrested, you need to go to Oregon Circuit Court. There you will be formally charged (arraigned). In some cases, you may be eligible for Diversion. Under Oregon DUII law, in some circumstances a person who was arrested for drinking and driving can avoid a conviction if they complete an alcohol treatment or eduction program. However, in order to take advantage of that program, you need to plead guilty. If you complete the program, in one year the guilty plea is vacated and the charge is dismissed. Before you jump at the chance for diversion however, be aware that pleading guilty can have serious ramifications. So before you decide to enter into the diversion program that the court staff wants you to enter, you should seek the counsel of an experienced Oregon DUII lawyer.
In Oregon, a fourth DUII within a ten year period is a felony and it WILL result in prison time and a lifetime license suspension.
An arrest for drinking and driving has serious consequences on you, your family, and your job. Its important that you seek immediate assistance from a qualified Oregon lawyer, who can discuss your options and fight for your rights.
Our office has several experienced lawyers able to assist you. Our lawyers work with DA's and appear in court on a daily basis. Working as a team, sharing information and tactics, and using the best technology, we are able to keep up with the most current developments of DUII law, and deliver top rate representation.
Call 503-648-4777, or contact us now for a consultation.
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