DUI Attorney in Lake Oswego
DUI charges can be serious, majorly affecting your life and your career prospects. If you’re facing DUI charges, you need a Lake Oswego DUI attorney on your side. At Powell Law, we’ll fight for you to ensure you get the best possible outcome.
The city of Lake Oswego is located in Clackamas County, Oregon, with some parts of the city extending into Washington and Multnomah Counties. Lake Oswego is a suburb of Portland, situated about 10 miles south of downtown, and is known for its scenic beauty. With proximity to the Willamette River and the 405-acre Oswego Lake, the city is full of recreational activities and scenic views.
Lake Oswego provides a convenient commute to Portland, with easy access via the I-5 and other major roadways. With a well-regarded education district, an extensive park system, and a range of cultural amenities, Lake Oswego is a desirable, family-friendly city. Because Lake Oswego is a busy commuter city, police officers are especially vigilant about safe driving. If you find yourself on the wrong side of the law in Lake Oswego, you need a Lake Oswego DUI lawyer to fairly represent you.
Oregon Drunk Driving Laws
In Oregon, DUI (Driving Under the Influence) laws are designed to deter and penalize individuals who drive while impaired by alcohol, drugs, or a combination of the two.
Here are some key aspects of DUI laws in Oregon:
Blood Alcohol Content (BAC) Limits: The legal BAC limit for drivers in Oregon is 0.08% for individuals 21 and older. For commercial drivers, the limit is 0.04%. For anyone under the age of 21, any measurable amount of alcohol can result in a DUI.
Implied Consent: Oregon has an implied consent law, which means that if you operate a motor vehicle on public roads, you are deemed to have given your consent to chemical testing if arrested for a DUI. Refusing to take a breath, blood, or urine test can result in automatic license suspension.
Administrative License Suspension: If you are arrested for a DUI in Oregon, your driver’s license may be suspended by the Oregon DMV. The duration will depend on your BAC level as well as your prior offenses.
Criminal Penalties: In addition to license suspension, a DUI conviction will result in criminal penalties that will depend on a variety of factors, such as your BAC, prior offenses, or the presence of a minor.
Diversion Programs: In some cases, first-time DUI offenders may be eligible for a DUI diversion program. These programs allow individuals to avoid a conviction by completing certain requirements, such as alcohol treatment, education programs, and community service. Successful completion of the program can result in a dismissal of charges.
Whether it’s your first DUI or your third, it’s important to seek legal counsel to understand your rights and options. A Lake Oswego DUI attorney will help you get the best outcome for your DUI case.
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DUI Penalties and Fines in Oregon
The state of Oregon has strict laws and penalties to ensure road safety and discourage intoxicated driving. In most cases, should you be arrested for a DUI, you will have your license suspended, even if you’re never convicted for the DUI. Additionally, you’ll receive a criminal penalty for your DUI conviction.
DUI convictions come with mandatory minimum sentences, which depend on the number of times you’ve been convicted of a DUI. Here’s a breakdown of the DUI penalties and fines you’ll face in Oregon:
First offense: 48 hours to 1 year of jail time, $1000 to $6250 in fines ($2000 if your BAC is more than .15%, up to $10,000 if a passenger is under 18), 1-year license suspension, and 1 year with an ignition interlock device.
Second offense: 48 hours to 1 year of jail time, $1500 to $6250 in fines, 3 years license suspension, and 2 years with an ignition interlock device.
Third offense: 90 days to 5 years of jail time if convicted twice or more in the past 10 years, $2000 (if not sentenced to jail) up to $125,000, permanent license suspension, and 2 to 5 years with an ignition interlock device.
Ignition Interlock
An Ignition Interlock Device (IID) is a device installed in your vehicle after a DUI conviction in Oregon. The IID works like a breathalyzer to measure BAC and prevents the engine of your car from starting if it detects the presence of alcohol. The IID usually has a threshold of 0.02% BAC. If the ignition interlock detects a BAC of more than 0.02%, the vehicle won’t start.
Additionally, the IIC may prompt you to provide additional breath samples while in motion. These rolling retests ensure that you remain alcohol-free while operating your vehicle. Whenever the ignition interlock detects a BAC above the threshold, the device records the violation. These violations can result in consequences, such as extended IID requirements, reporting to a probation officer, and potential issues with your DUI case.
The purpose of the IID is to promote safe driving and deter individuals from driving under the influence of alcohol. By requiring the installation of an ignition interlock device, Oregon aims to protect the public and reduce the likelihood of repeat DUI offenses.
Oregon DUI Diversion Program
Oregon’s strict minimum sentencing means that there is little leeway in a DUI conviction. However, if you’re facing your first DUI charge, you may be eligible for the Oregon DUI diversion program. Successful completion will result in the dismissal of your DUI charges. The requirements of the diversion program include:
Paying a $490 fee for the program
Completing an alcohol and drug abuse assessment
Completing the recommended treatment program
Attending a one-day victim impact panel
Avoiding the use of intoxicants during the diversion program term, except for religious reasons or with a valid prescription
Installing an ignition interlock device
The diversion program will last for a set term, during which time you’ll have to fulfill the above requirements. Should you violate the terms, fail to fulfill all terms, or be charged with a DUI during the time, you’ll face the criminal consequences for your mandatory sentence.
Why You Need a Lake Oswego DUI Attorney
DUI charges are serious. With Oregon’s minimum sentencing and strict consequences, you need a Lake Oswego DUI attorney on your side. The specific details of your DUI case are unique, and the circumstances can affect your outcomes. An experienced lawyer will make all the difference for you.
At Powell Law, we’ll work to investigate your case to ensure that the law is being upheld. We’ll make sure that the police had probable cause to pull you over, as well as that the field sobriety test or breath test were properly administered. The legal system is complex. With years of experience in the area, Powell Law is the right Lake Oswego DUI lawyer for you. We’ll advise you and advocate for you at every step of the process. Let us help find peace of mind through the process and increase your chances of a successful outcome.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.