Driving Under the Influence of Intoxicants in Oregon
A DUI in Oregon is actually a DUII, which stands for driving under the influence of intoxicants. Drivers who are found operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher are considered legally drunk, whether they have shown impairment of driving abilities or not.
Oregon employs the “implied consent” rule like most states, which means that when you accept a driver’s license by the state you agree to submit to a chemical test if you are pulled over by law enforcement on suspicion of alcohol- or drug-impaired driving.
If you are arrested for an Oregon DUII, you will have 10 days from the date of your arrest to challenge the automatic license suspension that will follow. To challenge it, you must submit your request for a hearing to the DMV Hearings Case Management Unit no later than 5 p.m. on the 10th day after your arrest. You may or may not be successful in your appeal at the hearing. Having the representation of an experienced DUII attorney may help your case.
You will also be subject to a criminal case in the courts. You will be required to appear in court; a failure to do so will result in a bench warrant for your arrest. At the time of your arrest, you will typically have your driver’s license confiscated by the arresting police officer and be issued a temporary permit for 30 days. The length of an automatic driver’s license suspension will depend on whether or not you are a repeat offender or if you refused to take a chemical test.
Drivers who face DUII charges have the right to legal representation which can help to minimize the negative consequences they face. Not every attorney has the experience, expertise, or skills necessary to defend an individual of this charge. DUII cases can be complicated matters involving a mix of scientific evidence as well as legal factors. Breath testing and machinery, toxicology, and pharmacology as well as training in field sobriety testing are all required for an attorney to be able to effectively defend you.
