PORTLAND DUI Lawyer

What are the Penalties for a DUI in Oregon?

Oregon law requires anyone found guilty of DUI (also know as DUII) to install an ignition interlock device in their vehicle. These require the driver of the vehicle to breathe into a device to start their car and sometimes while the car is moving. This information is then logged and sent to the court.

First DUI Offense

If a person is convicted of their first DUI offense, they could face:

• Minimum of 48-hours in jail
• Up to 1-year total in jail
• 80 hours of community service
• Minimum $1,000 fine
• A 1-year license suspension

Second DUI Offense

If a person is convicted of their second DUI offense within 5 years, they could face:

• Minimum of 48-hours in jail
• Up to 1-year total in jail
• 80 hours of community service
• Minimum $1,500 fine
• A 3-year license suspension

Third DUI Offense

If a person is convicted of their third DUI offense within 10 years, they could face felony penalties of:

• Minimum of 90-days in jail
• Up to five years in jail
• Minimum $2,000 fine
• A permanent loss of license

After a DUI arrest, it is important to contact a criminal defense lawyer as soon as possible. Penalties resulting from a DUI can take place as soon as you or a loved one are arrested—even for a first offense. Working with an attorney can help protect these rights and reduce the criminal penalties that may be leveled against you.

At the Law Office of Robert R. Cleland, our DUI lawyer in Portland, Oregon, will examine all evidence with the support of experts, including whether the breathalyzer machine was properly calibrated or if the officer followed all proper and approved procedures.

Can a DUI Charge be Dismissed in Oregon?

In Oregon, a DUI cannot dismiss DUI charges in return for pleas to other charges. In some states, DUI charges can be dismissed or pleaded down to a “wet reckless.” Oregon has a statute explicitly prohibiting this. For the most part, DUI does not get dismissed.

Now, in rare situations, a knowledgeable DUI attorney may show a prosecutor that their case has factual or legal problems, and the prosecutor may be convinced or forced to dismiss the case. If the breath test evidence from the Intoxilyzer 8000 was unlawfully obtained or flawed, the prosecutor might lose all of his evidence of a BAC greater than .08. A DUI can also be dismissed for lack of a speedy trial. If your case is delayed an unreasonable amount of time, your attorney may be able to file a motion that could cause the case to be dismissed for violating your statutory or constitutional rights to a speedy trial.

How Do I Get My License Back After a DUI in Oregon?

To get your license back after a DUI in Oregon, you can get your license back after a certain period of time has passed, depending on the number of prior DUIs. If your license has been permanently revoked based on a third or subsequent DUII/DUI/DWI conviction or a felony DUII/DUI/DWI conviction in Oregon, you can petition the court to get your license back. If you were convicted under ORS 813.010 and your license was permanently revoked, you must wait for at least 10 years from the date that you were released from incarceration. Under ORS 809.235 you can petition the court to restore your driving privileges. The court is not required to reinstate your driving privileges, and to get your license back, you must have a hearing in front of a judge.

During the hearing, the court will consider the following factors when determining whether to restore your driving privileges. These are:

• The nature of the offense for which the driving privileges were revoked;
• Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in revocation.
• Other relevant factors.

How Long Does a DUI Stay on Your Record in Oregon?

A DUI in Oregon will stay on your driving record for the rest of your life.

Contact Our DUI Attorney in Portland Today

It is understandable that you may be worried about how a DUI arrest can affect your life. There is no need to handle this on your own. Our Portland DUI lawyer is here to guide you through the entire process, upholding your rights every step of the way. When you retain the Law Office of Robert R. Cleland, we utilize our extensive knowledge of the law to craft a compelling case on your behalf. We help our clients secure the best possible result for their unique situation.

Contact the Law Office of Robert R. Cleland today to get started on your defense with our DUI lawyer in Portland, Oregon!