Oregon DUII Collateral Consequences
Oregon DUII Frequently Asked Questions
Oregon Driver's License Suspensions
Oregon DUII Overview
Aside from the usual phrase of "drunk driving," people sometimes refer to Oregon DUII as DWI ("Driving While Impaired" or "Driving While Intoxicated") or DUI ("Driving Under the Influence"). Driving Under the Influence of Intoxicants in Oregon is typically abbreviated and referred to as "DUII." For better or for worse, most people pronounce the charge "dooey" or "dewey."Driving under the influence of alcohol or controlled substances (i.e. drugs) in Oregon is a crime. Many people are mistakenly under the impression that DUII in Oregon is nothing more than a serious traffic ticket. The truth is that DUII is a class "A" misdemeanor and is punishable by one year in jail, five years probation, a $6,250.00 fine, a minimum driver's license suspension of one year, community work service, electronic monitoring, and drug/alcohol treatment. Fortunately, most people do not get the "maximum" for a DUII offense and many people are eligible for the DUII Diversion Program. Nevertheless, the potential consequences of a DUII charge are serious and there are important decisions that need to be made rather quickly in resolving a DUII charge in Oregon.
If you have been arrested or cited for DUII due to a breath test failure (for most people, a reading of .08 or above), you only have ten days from the date of your arrest to request a DMV Implied Consent Hearing. This hearing is necessary to challenge an automatic suspension to your license that will be imposed. For most drivers, the suspension will be 90 days and the first 30 days are an absolute suspension (i.e. no driving for any reason). Most drivers with an Oregon driver's license will be eligible for a hardship permit during the last 60 days of the administrative suspension which will allow for travel to and from work, and to drug/alcohol treatment.
Requesting a DMV Implied Consent Hearing is not required, but is usually a good idea. Don't let the marketing hype on the internet fool you. DMV hearings are notoriously difficult to win. Simply requesting a hearing does not ensure that you will be able to avoid an Oregon administrative suspension. However, if you do not request a hearing, you know with certainty that you will lose your driving privileges. The hearings are usually held close to the location at which you were arrested, and are held before an Oregon Administrative Law Judge (ALJ). The issues to be raised and argued at the hearing vary, but typically include the basis of the stop (i.e. did law enforcement have reasonable suspicion of DUII or probable cause for a traffic violation), did law enforcement have probable cause to request Field Sobriety Tests (FSTs), was your performance of the FSTs voluntary, were the FSTs administered correctly, was the arrest lawful, were you read your Implied Consent rights, did you voluntarily agree to perform a breath test (typically into an Intoxilyzer 8000), and was the breath test administered properly and in accordance with Oregon law. DMV Implied Consent Hearings usually take a few hours and are audio recorded by the ALJ. If you prevail at the hearing (i.e. "win"), the administrative license suspension is not imposed. If you do not prevail (i.e. "lose"), the administrative license suspension will go into effect as it would have had you not requested a hearing. There is no additional penalty for having a hearing (i.e. they do not increase the suspension or issue a fine).
Counties in Oregon vary with respect to their docketing of criminal cases, but in Deschutes County (Bend, Redmond, La Pine, Sisters, Sunriver, etc), your arraignment on the criminal case will typically occur after you've had your DMV Implied Consent Hearing (if you've requested one). Your arraignment will typically be in circuit court before a state judge. Arraignments are important procedurally, but you typically do not need to make any substantive decisions (i.e. you don't have to plead guilty or request a trial at your first appearance). It is critical that you appear personally for your arraignment or have your attorney do so for you, because the judge can issue a warrant for your arrest if you fail to appear, revoke any security you posted, and possibly exclude you from the diversion program if you are otherwise eligible.
Discovery (i.e. police reports, photographs, audio recordings, video recordings, etc) are typically provided at or soon after arraignment. You will want to review all the materials in the case with your attorney/lawyer because you most likely will not understand some of the references in the materials, or spot issues that an experienced DUII attorney/lawyer will.
Many people are resigned to the worst in DUII cases. They are depressed and embarrassed after being arrested, or maybe even a little angry. The worst mistake that you can make if you've been charged with DUII is to take the attitude of "Well, I just want to get this over with so I'm going to plead guilty." The best thing you can do is sit down with an DUII attorney/lawyer and first look at your options.
Romano Law, P.C. and Michael G. Romano are licensed to practice in the state of Oregon only. The information provided on this website is offered for informational purposes only. It is not offered as legal advice and does not constitute legal advice. Romano Law, P.C. does not seek to represent you based upon your visit to or review of this website. This website may be considered advertising under the rules of the Oregon Bar Association. You should not make legal decisions based upon brochures, advertising, or other promotional materials. If you would like to schedule a consultation to discuss a specific legal matter, please contact our offices.