You can be arrested in the state of Oregon for driving under the influence of intoxicants (Oregon DUI) any time that an intoxicant is affecting your ability to drive. If you are behind the wheel of a car and are obviously impaired by drugs or alcohol, you will be arrested for DUII. You will likely be asked to perform field sobriety tests when you are pulled over. If you fail these tests, this information will be used against you in court. On the other hand, if you refuse to take the tests, this information can also be used against you. You can also be arrested for DUII if your blood alcohol level (BAC) is .08% or higher, regardless of your driving ability.DUII Arrests in Oregon
If you are arrested for DUII in Oregon, you will face two separate cases. The criminal court case is where you are given the majority of your punishments, including jail time, fines, and community service. You will also face a DMV case. In this case, you will face losing your right to drive. However, you must request a hearing with the Oregon DMV within ten days of your arrest or you will automatically lose your license. You need an experienced DUII lawyer to help you file the necessary paperwork.
You also will be asked to submit to a breath BAC test at the time of your arrest. You have the right to refuse this test, but doing so will be used against you in court. You also have the right to request a blood test if you fail the breath test.Basic Consequences for First Time Offenders
If you are arrested for your first Oregon DUII offense, you can expect to face the following consequences:
If you are charged for subsequent offenses, you will face stricter consequences.
Oregon provides DUII offenders with a way to get out of their punishments through the DUI Diversion program. Your lawyer will help you determine if you are eligible for this program. If you are, you may be able avoid being formally charged with DUII.License Suspensions for Oregon DUII
You will also lose your license if you are convicted of an Oregon DUII. License suspension times are as follows:
License suspensions are typically not affected by the DUI Diversion program. With the help of your lawyer, you may be able to get a hardship license that will allow you to drive to court ordered treatment programs, work, and school.Insurance Consequences
If you are convicted of an Oregon DUII, you will face one more consequence. When you are ready to get your license back after serving your suspension time, you may find this difficult to do because you will have to prove that you are properly insured. Your insurance company may not be willing to insure you. If you do find an insurance policy, you can expect it to be quite a bit more expensive than the policy you had before your conviction.