DUII Attorneys Who Know The Ropes
Driving While Under the Influence of Intoxicants (DUII) is one of the most common charges that you can face, and when you find yourself accused of driving under the influence, it is important to act fast to secure focused and supportive legal representation. While defending a DUII charge can be complicated, Metro Law Group knows exactly how to get you the best possible outcome.
A DUII arrest can happen to anyone who drinks or takes legal (marijuana / prescription) or illegal drugs, and then operates a vehicle. While most of us do not intend to go out and drive under the influence, sometimes it happens. In most cases, it is that one last drink that barely put us at or over the .08% legal limit and then the unexpected happens – a DUII arrest.
Drunk-driving offenses are taken very seriously in the State of Oregon. If a person operates a motor vehicle under the influence he can face severe penalties. Even a first-time DUII offense can result in jail time, the suspension of your driver’s license for one year, a fine of up to $10,000, required use of an ignition interlock device, and probation. The repercussions are even more significant if you have previous DUII convictions, and can even result in felony charges, a multi-year driver’s license suspension, and up to five years in prison. Whether it is your first offense or if you have previous convictions and are facing a felony DUII, you need the help of an experienced DUII attorney and should call Metro Law Group.
Oregon DUII Laws
Oregon DUII arrests trigger two separate cases against a person: (1) an administrative DMV case, where your driver license may be suspended from 90 days up to three years or longer, and (2) a criminal DUII case, where significant punishment including jail time, fines, mandatory classes, required ignition interlock devices, and other consequences can be imposed.
The criminal prosecution is the case that will proceed through criminal court—either Oregon Circuit Court, or in some cases a City (Municipal) Court if the place you were arrested has a Municipal Criminal Court. Metro Law Group can represent you in any Court in Oregon.
What is DUII and what penalties does it carry?
Driving under the influence of intoxicants is a criminal offense that a person commits by driving a vehicle on premises open to the public while the person:
- Has a blood alcohol content of .08% or more;
- Is under the influence of intoxicating liquor, a controlled substance, an inhalant, or any combination thereof. (ORS 813.010 https://www.oregonlaws.org/ors/813.010)
Note that a DUII charge is not limited to alcohol but also includes other intoxicants such as legal and illegal drugs – basically anything that could leave you impaired. Even without a blood alcohol content of .08% or more, a person may commit DUII by driving a vehicle when “the person’s physical or mental faculties are adversely affected to a noticeable or perceptible degree” as a result of using alcohol, controlled substances, or inhalants.
Driving under the influence may be a misdemeanor or a felony offense and carries a variety of possible penalties depending on the circumstances.
The basic DUII offense is a Class A misdemeanor, which could result in the following penalties:
- Jail up to 1 year;
- Minimum fine of:
- $1,000 for a first conviction;
- $1,500 for a second conviction;
- $2,000 for a third or subsequent conviction if the sentence does not include imprisonment; and
- $2,000 for any conviction if the offense is committed with a blood alcohol content of .15% or more; and
- Maximum fine of $6,250 or $10,000 if the offense was committed in a motor vehicle and there was a passenger under 18 years of age and 3 or more years younger than the driver.
Interlock Ignition Requirements
In addition to the above penalties that might be imposed, a defendant who is convicted of DUII must install and use an approved ignition interlock device in any vehicle you are driving. You are also required to pay for the costs of leasing, installing, and maintaining the device. Metro Law Group can provide a list of installers in your area.
What if I have a Commercial Driver’s License? (CDL)
People with a commercial driver license will face different treatment as a result of a DUII offense, for example, you are not eligible for Diversion. This makes it even more important that you are represented by an experience attorney, as the results of your case will impact your livelihood for years to come.