Drunk Driving / DUII

A DUII conviction can change your life in countless ways. In addition to the license loss, expensive fines and fees, and criminal record, you can face jail time in some cases.  The right defense attorney with experienced in defending DUII charges in Oregon can make a tremendous difference in the outcome of your case.

Whatever happened to to when you were pulled over by the police and accused of drunk driving, we can help you work through your options and decide the best way to handle the case and protect your rights in court.


We see many clients who are unfairly caught up in a system that is biased against anyone who may have had a drink or two. Breathalyzers have known flaws, field sobriety tests are designed for you to fail, and police will sometimes see what they are looking for (drunk drivers) regardless of how convincing the facts are. In many cases they’ll arrest you “just to be on the safe side”.

Of course, many people are remorseful and prepared to admit they made a mistake and exercised bad judgment in driving. Now that you are facing DUII charges you wish you could go back and do that night over, making better choices this time. We know you are likely filled with regret and apprehension.

Either way, you need some you can defend and protect you in court. The system is not designed to treat you fairly without aggressive representation to defend you. Prosecutors are there to prosecute. Judges are there to be neutral, but they are human and a judge may have preconceived ideas about drunk driving cases. Some are fair, but some are extremely tough.

The right Oregon DUII lawyer can help you navigate these tricky waters. Please contact us for a free DUII consultation in Oregon, and find out if we are the best attorneys to help you at this difficult time.

Oregon DUII Laws

DUII in Oregon is the precise criminal offense and legal term in the Oregon statues. It is an abbreviation for Driving Under the Influence of Intoxicants. For practical purposes, it is used interchangeably with DUI, or DWI, but it means the same thing – a drunk driving charge.

You can be charged with DUII in Oregon if your blood alcohol content is greater than .08% or you are under the influence of any intoxicating liquor, controlled substance, inhalant, or any combination of those.

This means that a breathalyzer reading greater than .08% is not necessary for the prosecution to get a conviction in your case.

Refusal to Submit to a Breathalyzer Laws

The police and courts want breathalyzer evidence to use against you in court, and most people oblige, since the penalties for refusing are tough.

If you refuse to submit to a breathalyzer test when suspected of a DUI/DUII, you may receive a traffic offense and an additional fine of $500-$1000. In addition to the fine, your license will be immediately confiscated and subsequently suspended.

Ref: Or. Rev. Stat. §813.095

Oregon DUII First Offense Penalties

If you are accused of DUII, you are likely facing Class A misdemeanor charges. For your first DUII this means you could be looking at 1 year in jail and fines from $1000 to $6250, not to mention a driver’s license suspension.

Ref: Or. Rev. Stat. §813.010

DUII Diversion Program

As a first time DUII offender you are afforded a unique opportunity called diversion.  Diversion allows for you to fulfill requirements as mandated by the court in exchange for getting the DUII charge dismissed upon successful completion.

Diversion is a year long process and involves possible treatment, a victim impact panel, and maintaining a clean driving record. Once these have been successfully satisfied, the DUII charge will be dismissed and will show on your record as a diversion rather than conviction.

If you are interested in being on diversion, time is critical. You must petition the court for diversion within 30 days of the appearance date listed on your citation. Our attorneys can help with the paperwork and application process, and make sure you get the fair treatment you deserve.

A DUII conviction on your record can haunt you for years. Having an experienced attorney to show you the way and get you the best possible results, is a necessity.

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