In most cases, in Oregon a person arrested for DUII will be cited with a date to appear in court and released. The first court appearance, called an arraignment, is the formal process of the court presenting the defendant with the charges that are being brought against them and appointing a public defender if the [...]
DUII defense ranges in price based on several factors. Typically, the cost will range from $5000 to $10,000 if the case is resolved without going to trial. The cost may rise exorbitantly if the case proceeds to trial. The cost increase is based on the lawyer’s hourly rate and the amount of time needed for [...]
A DUII arrest often involves two separate suspensions of your driving privileges. First, under the Oregon implied consent law if the police request a breath test and you have a BAC (blood alcohol content) of 0.08% or higher your license will be suspended for a 90-day period starting 30 days after the breath test failure [...]
In most cases, the officer already has probable cause to arrest you for DUII before they ask you to do standardized field sobriety tests (SFTs). The officer will ask you to perform SFTs to develop additional evidence to be used against you in a criminal prosecution. You have the right to refuse a field sobriety [...]
A DUII conviction is permanent and cannot be expunged from your criminal history. The conviction will result in a one-year suspension of driving privileges Eligibility for a hardship permit. The convicted driver must show proof for the next three years of driving that they are in compliance with future responsibility filing requirements, which is known [...]
Usually, the evidence in a DUII case includes the arresting officer’s observations of the defendant, including descriptions of the observed driving (swerving, slow to pull over, etc.), observations of the defendant after they were stopped (bloodshot, watery, glassy eyes, slurred speech, etc.), the defendant’s statements, the defendant’s performance during field sobriety tests, and the results [...]
Whether or not to go to trial is a decision that should be made with your attorney after careful review of the evidence in your case. In Oregon, prosecuting attorneys are not allowed to dismiss a DUII charge as part of a plea deal. Because of this, DUII cases are usually resolved by one of [...]
If you've had the good sense to retain an attorney before your first appearance, they will be present and will enter not guilty pleas on your behalf. If you do not have a lawyer present, it’s best to enter a not guilty plea and ask the judge for time to hire a lawyer or to [...]
DUII is a felony in Oregon if a person has two or more prior convictions for DUII or a statutory counterpart from another state within the 10 year period before the current offense. A felony DUII conviction has serious consequences. First, it is a non-expungeable felony, which means you cannot remove the felony conviction from [...]
A first time DUII is a Class A misdemeanor in Oregon. This means that if you are convicted the judge can impose a sentence of up to 364 days in jail and a fine of up to $6250 or up to $10,000 if there is a minor in the car when the DUII offense occurs. [...]