Oregon law imposes harsh penalties for those who are convicted of driving under the influence of intoxicants (DUII). The legal limit for a blood alcohol content (BAC) as determined by a breath or blood test is 0.08 or higher. In addition to criminal penalties imposed upon conviction, the Department of Motor Vehicles (DMV) may impose administrative penalties even if you are not convicted.
Administrative Penalties
Oregon law assumes that if you drive with an Oregon driver’s license, you have impliedly consented to a breath or blood test to determine your BAC if you have been lawfully arrested for suspicion of DUII. A refusal to submit to the test will likely result in a suspension of your driver’s license for one year. Plus, your refusal to submit to the test can be used against you in any administrative or criminal proceeding when the state is trying to convict you of the DUII.
If your BAC is 0.08 or higher, even without a conviction, you will face a 90-day suspension of your driver’s license. When your license is returned after being suspended, you will be required to have an Interlock Ignition Device (IID) installed on your car for one year. This will not allow you to start your car without first blowing into the device and passing a breath test.
Criminal Penalties
The amount of jail or prison time you will receive if convicted depends on whether it is your first or subsequent offense or whether or not anyone was injured or killed as a result of your DUII. In addition to jail or prison time and your license suspension, a fine will also be imposed.
Under certain circumstances, you may be sentenced to community service instead of jail. You may also receive diversion if this your first offense and meet other qualifications. The court also has the authority to send you to an alcohol rehabilitation program.
Contact Marion County DUII Attorney Richard L. Cowan
Each case is different. Even if you think you may not have a defense, Attorney Richard L. Cowan has been trying DUII cases since 1977. He has represented clients at hundreds of license suspension hearings as well as in criminal courts.
He has 41 years of experience handling DUII cases and has seen the law evolve. He has become battle hardened in trial and will use that to your advantage. His office is in Salem and he serves those in Marion, Polk, Linn, Benton and Yamhill Counties. Contact him as soon as possible at (503) 585-3351.