Portland DUI Lawyer

Mandatory DUI Penalties and Fines 

If this is your first time being convicted of a DUI in the state of Oregon, the court can suspend your driver’s license for one year and fine you $1,000. If you get a second within five years of your first DUI, the court can suspend your license for another three years and be fine a minimum of $1,500. If you get a third DUI conviction then your driver’s license will be revoked for a lifetime and you’ll be fined $2,000. These are some of the reasons why it’s so important to hire a Portland DUI lawyer.

The law in Oregon states that a DUI is a Class A misdemeanor unless you’ve been convicted of three or more DUIs in the last 10 years. In that case, the fourth DUI would be a Class C felony.

Here’s some additional information on Oregon DUI laws that should be helpful to you:

● Class A Misdemeanor-

Punishable by up to 1 year in prison, a fine of up to $6,250, or both. 

● Class C Felony-

Punishable by up to 5 years in prison, a possible fine of $125,000, or both. 

If an offender commits a DUI while a passenger who is under 18 years of age is in the vehicle and the minor is at least three years younger than the person driving, the maximum fine is $10,000. 

Some of these fines and punishments are the consequence of refusing to take a breath test or a failed breath test. 

Ignition Interlock 

In the state of Oregon, the Department of Transportation requires anyone who is convicted of a DUI to have a device called an Ignition Interlock to be installed in the vehicle of the offender. An Ignition Interlock Device, or IID, is installed in a vehicle to prevent a non-sober driver from operating the vehicle. When this device is installed, the driver of the car must blow into a mouthpiece. If alcohol is detected on their breath, the device records the failure and prevents the vehicle from starting. This device must be used for the first year of the driver’s license suspension. A two-year Ignition Interlock will be enforced with a second offense. 

DUI Diversion Program 

State laws often impose strict penalties for those driving under the influence. This may include jail time in many instances. That being said, everyone makes mistakes and deserves a second chance. This reason is the thinking behind the DUI Diversion Program. This program requires defendants to complete DUI classes, undergo alcohol treatment, submit to random urine tests, and also commit to community service. If and when these requirements are met, the DUI charges will be dropped. 

Each state has varying requirements for this program but generally is limited to first-time offenders. Often, only cases where the blood alcohol concentration is below a certain level and no serious injury occurred will be allowed into the program. While you’re searching for Portland DUI lawyers, you should definitely ask them about this program as it might be just what you need.

DUI, DUII, or DWI 

DUI in most states means “Driving Under the Influence.” The acronym DUII on the other hand means “Driving Under the Influence of Intoxicants.” Elsewhere, this offense goes by the letters DWI, meaning “Driving While Intoxicated.” A good Portland DUI defense lawyer will work aggressively to have a DUI offense charge reduced to a reckless driving crime that carries a much lighter sentence. 

Why You Need An Experienced Portland DUI Lawyer 

When facing a DUI, trying to get answers to the numerous questions you will have by going to the internet will likely leave you with incorrect or outdated answers and can be extremely frustrating. The laws concerning DUI’s can be very confusing. You need a DUI attorney who knows Oregon law inside and out and has experience in the criminal justice system. Trying to navigate this process on your own can often lead to costly, missed deadlines. Having a lawyer clearly answer all your questions and giving you direction will no doubt be a great comfort during a trying time.

There is no need to walk this path alone. Shannon Powell of Powell Law has years of experience when it comes to dealing with DUI charges. He will explain the charges you are being faced with, recommend the best course of action, and be there to represent you in court. All the administrative details will be taken care of so you can sleep a little easier through the process. 

Oregon Drunk Driving Laws 

Drunk driving laws differ from state to state so it is important to know the specific laws enforced in the state you call home. 

● Drivers under the age of 21 are considered legally drunk in the state of Oregon when ANY amount of alcohol is present in their blood.

● Drivers of commercial vehicles such as semi-trucks and school buses are considered legally drunk when their blood alcohol level is .04 percent or higher. 

● Non-commercial drivers that are age 21 or older are considered to be legally drunk when their blood alcohol level is .08 percent or higher.

● A convicted DUI will remain on your record for life 

A Portland DUI Lawyer Can Help Protect Your Driver’s License 

A person under investigation who fails a breath test, under Oregon law, is subject to a 90-day suspension of their driver’s license. This means that their blood alcohol level would have been .08 or higher. If the person refuses to give a breath sample, the suspension imposed is 1-year. If the person has previously failed or refused a breath test, previously been enrolled in the DUI Diversion Program, or has already been convicted of a DUI, the suspension period may be lengthened. These suspensions are imposed under the Oregon Implied Consent Law by the Oregon DMV, not by the courts as one may assume. 

The accused has the right to fight the Consent suspension, but the request to do this must be submitted within 10 days of the person’s arrest. Your best chance of avoiding the suspension is to have a trusted Portland DUI lawyer representing you at your hearing.

I will aggressively fight to protect your license and do my absolute best to help you avoid suspension as well as any fines or penalties. Let me put my experience to work for you. My firm is located just Highway-217 right by Clearview Roof Cleaning in Beaverton and I serve the entire area including Portland.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.