DUI Rights Help in Oregon – Oregon DUI Laws
The state of Oregon has a lot of great cities including Portland, Eugene, Salem and Medford, but, when it comes to Driving Under the Influence, the rules are all the same. As soon as an individual is pulled over for DUI in any of these cities, or any city in the state, he or she should begin fighting the charges as soon as possible. The professional team at DUIRights.com will help you start to build a strong case to take into the courtroom.
Implied Consent Law in Oregon
The state of Oregon enforces what is known as an “implied consent law” – this means that if a police officer asks the individual to submit to breath, blood, or urine testing to determine Blood Alcohol Content (BAC), he or she must do so under the law. Those who refuse this chemical testing will be subject to automatic, steep penalties that can disrupt their life in a major way. Aside from implied consent, individuals will also be faced with the following penalties should they be convicted of DUI:
- $1,000 Monetary Fine
- 48 Hours in Jail or Community Service
- License Suspension of 1 Year
Why Your DUI Rights are Important in Oregon
Once drivers are charged with DUI, they should seek the legal counsel of a lawyer who is well versed in DUI laws in the state of Oregon. This professional will help to represent them in court and hopefully be able to get their charged dismissed and the case against them dropped. In order to do this, the lawyer will need to find some evidence he or she can use to counter the prosecutor’s case against the client. One of the best ways to do this is to prove the client’s rights were violated.
In most DUI arrests, an individual’s rights are violated in some way, either by the arresting officer or the circumstances surrounding the arrest. The individual’s lawyer will want to know all the details of the traffic stop and arrest in order to determine which rights were violated and how. In order to get the best possible picture of what happened during the arrest, the lawyer will ask some of the following questions:
- Did the officer see the client with the vehicle in operation?
- Did the officer have a reason to pull the individual over?
- Were the officer’s observations consistent with other witnesses?
- Did the officer perform any field sobriety testing?
- Did the officer recite the client’s Miranda Rights?
Protect your rights and learn how to get your Oregon DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
You still have a chance to improve your situation once you learn the steps needed to eliminate your Oregon DUI charges. Oregon DUI penalties have become inflated calculations by the court system favored towards the courts themselves and attorneys specializing in this field. Over the past 14 years, DUIRights.com has helped thousands of people just like you. Good people with families, jobs, and friends. People who are now facing one of the worst days of their lives after being charged with DUI. We sincerely believe that people who make a mistake shouldn’t have to pay for it the rest of their lives.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your Oregon DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and attorney you need to win your case.
DUI Laws in Oregon
If you have been arrested and charged with DUI in Oregon, you are facing severe monetary fines and significant jail time. Repeat offenders are dealt with very harshly in this state, so legal representation is mandatory for anyone facing DUI charges in Oregon.
Consequences for Refusing to Take Chemical Tests
While you can refuse to take chemical tests in Oregon after a DUI stop, the penalties for doing so are rather severe:
- First offense – license is suspended for one year as well as a fine ranging from $500 to $1,000
- Second offense – license is suspended for three years as well as a fine ranging from $500 to $1,000
- Third offense – license is suspended for three years as well as a fine ranging from $500 to $1,000
Challenging BAC Levels in Court
Oregon uses standard guidelines for blood alcohol content (BAC) for “of age” drivers, but is a zero tolerance state for underage drinking:
- Drivers that are under the age of 21, .00 percent, zero tolerance
- Drivers 21 years of age and older, .08 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Oregon?
Oregon has a minimum sentence for first time offenders, but also offers flexible sentencing to be determined by the judge:
- First offense – minimum sentence of 48 hours with a maximum of one year
- Second offense – up to one year in jail
- Third offense – up to five years in jail
The lookback period in Oregon is 10 years.
Monetary Fines and Penalties for DUI in Oregon
State law does dictate both a maximum and minimum fine for all DUI offenses in Oregon:
- First offense – fine can range from $1,000 to $2,000
- Second offense – fines can range from $2,000 to $10,000
- Third offense – fines can range from $2,000 to $10,000
License Suspension for DUI in Oregon
Oregon license suspensions are very long, with the possibility of permanent suspension after the third offense:
- First offense – one year license suspension
- Second offense – three year license suspension
- Third offense – permanent loss of license
In Oregon, both first and second time offenders must have an Ignition Interlock Device (IID) installed on their vehicle.
Finding a DUI Lawyer in Oregon
In 2012, there were 13,592 DUI arrests in Oregon. Of those, 78 were related to underage drinking. Half of the drivers in DUI-related fatal accidents had a blood alcohol content (BAC) of .15 percent or higher. Almost 62 percent of fatalities involved someone with a BAC of .15+ percent. In all, 86 people lost their lives in DUI accidents, far too many. While these numbers are actually down, they are still staggering.
With the possibility of permanently losing your license after a 1st offense, hiring an attorney for a first time DUI offense is critical. Since the state does not offer a wet reckless plea, your attorney will need to fight to have the charges dismissed outright, which he or she can do by finding fault with the traffic stop or testing. For more information and a free case evaluation and getting a DUI attorney, fill out the Free DUI Evaluation Form today.
Do I Need a DUI Attorney in Oregon if Arrested for a DUI?
As you can see from the above statistics, DUI in Oregon remains a problem. Authorities have made significant headway over the last decade, mostly due to an improved police awareness of the problem as well as stiffer fines and penalties for those convicted of driving while under the influence. So, to answer the question, yes, you will need an attorney if you are arrested and charged with a DUI in Oregon.
Unlike many other states, Oregon does not allow a “wet reckless” plea bargain. Wet reckless is a plea other states offer to allow first time offenders right on the borderline to plead out, saving taxpayers money and giving the offender somewhat of a break. In Oregon, this is not an option, so you either will win your case or get convicted. For your best chance of winning, you will need a skilled attorney that knows all of the ins and outs of the law.
Should I Use a Public Defender or a Private Practice Attorney?
In most cases, a defendant’s lawyer is dictated by his or her finances at the time. Can you actually afford to hire an attorney? We would say that with first time offender fines being as much as $2,000 and the chance of going to jail for up to one year, how can you afford not to hire an attorney?
The reality of the situation is that most public defenders are overwhelmed with cases. While he or she will do his or her best to defend you, the attorney may not be very well versed in DUI law. Unfortunately, the priority here is often to clear cases quickly. A private attorney offers more focus and a better background in DUI law. Simply put, this is where your best chance lies to beat the charges.
Where Can I Find the Best DUI Attorney in Oregon?
If arrested, you will want to do your research on a site like DUIRights.com. This site offers information and recommendations for local attorneys as well as a free evaluation of your case. You can submit all of your details and one of its attorneys will review the case and offer his or her recommendations. This is your best bet to find an attorney that will have all of your best interests in mind when defending you.