You Don’t Have to Be Drunk to Get an Oregon Dui

You Don’t Have To Be Drunk To Get An Oregon Dui

Alcohol and drugs affect people differently. That’s why some people can consume a case of beer and you wouldn’t even guess they were drunk. Other people can have just one drink and they can’t walk a straight line. That’s why you don’t have to be drunk to get an Oregon DUI. You can be arrested for a DUII, driving under the influence of intoxicants, if you are affected only to a perceptible degree by whatever you have consumed; in other words, if you lack a clear mind and the physical control you would normally have. It doesn‘t matter if it’s exacerbated because of medication, drugs, and/or fatigue. And you don’t have to be on the road to be arrested either – you can be arrested in a parking lot or a school yard.

You don’t have to have prior dui convictions to in order to face heavy dui penalties; even your first Oregon DUI could garner you a minimum of 48 hours and up to a year in jail (or 80 hours of community service), a minimum fine of ,000, ,000 if your blood alcohol concentration (BAC) was .15 or above), and up to ,000 if a child under the age of 18 (and was three years younger than the driver) was in the vehicle, as well as a one year driver’s license suspension, the installation of an ignition interlock device (IID) for one year after the suspension, completion of a drug/alcohol treatment program, and the required participation in a victim impact panel. You could also face probation, during which time you must obey all laws, not drink alcohol, and not use or possess drugs.

Only first-offenders are eligible to seek what is called DUII Diversion. This is a program that allows people to avoid dui conviction and penalties if they complete the program’s requirements. The successful completion results in the dismissal of an Oregon DUI after a period of one year. Be aware, though, that the DUII Diversion program has no effect on a license suspension due to a chemical test refusal; refusing a chemical test automatically suspends your license. Also be aware that if the program requirements are not properly completed, you will automatically face the original dui consequences.

Finally, be aware that the State has recently strengthened its dui laws. House Bill 2870 is an Oregon DUI law stipulating that someone who is convicted of murder in any degree, aggravated vehicular homicide, first or second degree manslaughter, criminally negligent homicide or assault in the first degree due to the operation of a vehicle will have their driving privileges permanently revoked. Regarding license revocation for other drunk driving offenses, Bill 2870 also increases the time between when driving privileges are revoked and the date on which someone can apply for reinstatement. In addition, Chapter 813.170 of the Oregon Vehicle Code is a state law that prohibits any plea bargaining to lesser charges.

All this information suggests that anyone arrested for an Oregon DUI will find it in their best interest to have experienced dui defense attorneys on their side when facing such a substantial adversary. You probably already regret drinking and driving; be sure you don’t have any more regrets going forward.