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Oregon DUII Guide
DAVID N LESH
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434 NW 19th Avenue
(corner of NW 19th and Glisan)
Portland, OR 97209
"I defend, help, and assist people facing DUII arrests in Multnomah, Washington, Clackamas, Yamhill, Columbia, and Hood River counties.
Call me right away for a no cost consultation."
What my clients say.
A small sample of actual, unsolicited cards, notes, and reviews from former criminal defense clients of Mr. Lesh.
"We just wanted to thank you for all of your help with C's DUII. You have made this stressful process so much easier with all of your assistance and advice. We want you to know that it has been very much appreciated. Thank you."
B & C I-V
"I cannot thank you enough for your outstanding representation and paragon performance in the courtroom on Friday.
It was a pleasure to have someone as adept as you to argue for the reduced sentence with the more lenient but better societal outcome in terms of service to the community that this provides . . . Thanks a million."
"The world I have become used to is full of people obsessed with themselves. I have started a journey down a path that leads to a new way of life, and I have been inspired by your kindness. Thank you so much."
"I wanted to express my thanks to you again for your legal assistance and support over the past year. While I know this is part of your job, I am still very grateful for your help. Thank you again."
"Thank you for being such a nice and effective attorney. This was a very scary time for me and you made it almost painless. If I know of someone who needs your expertise in the future, I will highly recommend your name."
"Thank you very much. Wanted you to know we really appreciate all your help in our recent legal matters"
B.R. and N.R.
OREGON DUI LINKS
[Appeal of your implied consent license suspension. ]
Mr. Lesh serves these Oregon Cities and Counties
Hood River County
Law Office Location
"I've spent hundreds of hours working to make the Oregon DUII Guide the most comprehensive driving under the influence legal website in the nation. I hope you find this information helpful. If you need an experienced attorney to help you with an Oregon DUII arrest, I would be pleased to assist you.
"You can learn more about my background here." -David Lesh
I just got arrested for an Oregon DUII charge. What happens now?
PART ONE: Your Implied Consent Suspension: The most pressing matter may be requesting an appeal / hearing of your implied consent license suspension. Your license was most likely suspended for anywhere from 90 days to 3 years for failing a breath test or refusing a breath, blood, or urine test. [If you were admitted to the hospital and took and failed a blood test, you may be notified about an implied consent suspension later through the mail.] This suspension typically begins on the 30th day following your arrest.
If you would like to challenge this suspension, the DMV Hearings Case Management Unit must receive your request for a hearing no later than 5:00 p.m. on the 10th day following your arrest. If you represent yourself on this issue, make sure that you fax the hearing request or request a hearing online; do not mail your request as it may arrive late. If you would like an in-person hearing be sure to mention that in your hearing request. Otherwise, your hearing may be conducted by telephone (unless the arresting officer requested an in-person hearing).
Be sure to read the fine print on the back of your implied consent combined report / temporary driving permit especially the paragraph labeled Hearing Requests:
Contact DUI attorney David Lesh at 503.546.2928 for additional information.
Keep in mind that filing an appeal of this administrative license suspension does not mean that the suspension will be overturned. Rather, it means that you have a chance to overturn this suspension. The reason suspensions are most often overturned are: failure of police officers to appear at the hearing; incomplete / inaccurate paperwork; and failure of law enforcement to turn in paperwork to the DMV (or turning in documents late).
If you do not hire a lawyer to contest your implied consent suspension, you should request and attend the hearing yourself. In fact, only a small percentage of persons facing an implied consent suspension request a hearing. Remember, the Hearings Case Management Unit must receive the written request to contest your implied consent suspension within 10 days of the date of your Oregon DUI arrest.
PART TWO: Your Criminal Charge(s): You were also likely given a citation (ticket) or a release agreement ordering you to appear in court for the crime of driving under the influence of intoxicants "DUII" (and perhaps other charges such as reckless driving, recklessly endangering another, criminal mischief in the second degree, and assault).
Under Oregon DUII law, a person commits the offense of driving while under the influence of intoxicants (DUII) if the person drives a vehicle while the person:
You must attend your court appearance or a bench warrant will be issued for your arrest. In certain Oregon counties, if you hire an Oregon DUI attorney before your initial court appearance (arraignment), you may be able to absent yourself from this first appearance. [Note on your release agreement the DUII charge may be listed as "driving under the influence 3" or "DUII 3." This is just a regular DUI charge.]
Important: These two issues are completely separate and have no affect on one another. Visualize two separate boxes that do not overlap:
Will my driver license be suspended?
RELATED TO ISSUE ONE ABOVE: Your Oregon driver license (or your right to drive in Oregon if you do not have a valid Oregon license) may be suspended for failing―BAC .08% or greater (lower for CDL drivers and minors (persons under 21 years of age))―a breath or blood test or for refusing a breath, blood, or urine test. The length of your suspension depends on whether you failed or refused a test and whether you have a prior DUII event in the past five years. Refer to the table below:
If you act quickly (typically within 10 days of your arrest), you can request an appeal of the proposed suspension for failing or refusing the test. A hearing (commonly known as a "DMV hearing") will then be scheduled on your appeal request. Contact an Oregon DUI attorney for more information. If you had a valid Oregon driver license at the time of your breath test failure / refusal, you should have received a temporary permit that allows you to drive for the 29 days following your arrest On the 30th day after your arrest, the suspension begins (unless your appeal is successful). The DMV will not issue a driver license to a person whose driving record indicates a pending Implied Consent Law.
RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUII charge, your license will be suspended or revoked typically for one year (suspension), three years (suspension), or life (revocation). [Defendants who enter and successfully complete the diversion program are not convicted of DUII and do not face this additional suspension.] Refer to the table below for suspension / revocation lengths for DUII convictions:
To get your license reinstated following a first Oregon DUI conviction suspension you must install an ignition interlock device for one year; show proof of alcohol / drug treatment completion; file an SR-22 (and keep it on file for three years); and pay a $75 reinstatement fee.
A driver also faces a suspension / revocation if convicted of other traffic crimes such as reckless driving, vehicular assault, or hit and run. [A conviction for an infraction / violation (such as speeding) usually does not result in a license suspension.] Some positive news―to the extent that suspensions overlap, they generally run concurrently and not consecutively (except suspensions for refusing a urine test).
Under certain circumstances, a driver can face a five year revocation of their license as a "habitual offender." This can occur if a driver (1) is convicted of three or more specified traffic crimes within a five year period; or (2) is convicted of a combination of 20 or more specified traffic infractions and / or traffic crimes in a five year period.
This habitual offender revocation does not happen in court. Rather, a driver receives notice from the DMV in the mail some time after notice of their conviction(s) have been forwarded to the DMV. Make sure that your DUI lawyer is made aware of any traffic convictions that you have received in the past five years (especially convictions for traffic crimes).
Also keep in mind that your license can be suspended for a variety of other reasons including failure to appear for court, failure to pay fines, failure to pay child support, etc.
What happens if I get caught driving while my license is suspended (DWS)?
A driving while suspended (DWS) charge can be either a violation, a misdemeanor, or a felony depending on the underlying reason for the license suspension. [Driving while revoked (DWR) is similar.] Someone who drives while suspended for failing or refusing a breath or blood test or for a misdemeanor DUI conviction commits the crime of misdemeanor driving while suspended.
If convicted of misdemeanor DWS, a defendant faces possible jail time, fines, and probation. There is a minimum $1,000 fine for someone caught driving when they are suspended as a result of a DUII conviction. Your car may be towed as well.
You will not be kicked out of diversion if you receive a driving while suspended ticket (unless you have alcohol in your system / possession OR don't have an ignition interlock device installed in your vehicle). However, driving while suspended will violate your probation if you are on probation for a DUII conviction. Driving while suspended arrests and convictions quickly get expensive.
The court does not suspend your license for an additional length of time if you are convicted of a violation or misdemeanor level driving while suspended (unless you have so many convictions that you become classified as a "habitual offender"). Note: You will face an additional revocation of one year if you are convicted of a felony driving while suspended (FDWS) or felony driving while revoked (FDWR).
I really need to drive. Will I be able to get a hardship permit?
A hardship permit may be available to you if your license is suspended and you had a valid Oregon Driver License at the time of your suspension.
Hardship permits generally are not available for license "revocations" including the lifetime revocation resulting from a third or greater DUII conviction. Hardship permits are also not available to persons with an out of state driver license.
Keep in mind that there is often a significant "black out" or waiting period before you can obtain a hardship permit. Refer to the table above. The State of Oregon no longer issues hardship or probationary CDL permits. See ORS 807.240(2). Hardship permits are only available for Class C licenses.
Under Oregon law, hardship permits only allow driving for:
See OAR 735-064-0060. A hardship permit will not be issued for more than 12 hours of driving on any one day, except for transportation to and from an alcohol or drug treatment program. A hardship permit issued to look for work will be restricted to 12 hours per day, seven days per week. It will not be issued for a period of more than 120 days at a time.
In order to obtain a hardship permit you must, among other things, obtain an SR-22 certificate of liability insurance which will likely have negative implications for your insurance rates or insurability. If you choose to enter the diversion program on your DUI charge, you probably will not have to file an SR-22 to get your license reinstated unless you apply for a hardship permit. However, if you are convicted of DUI you will have to file an SR-22 to reinstate your license anyway.
Talk to an experienced DUI attorney before you apply for a hardship permit. More questions about hardship permits? Call the DMV at 503.945.5037.
What is the difference between a DUII, DUI, DWI, OWI, OVI, DWAI, OUI, OUIL, OMVI, DWUI etc.?
These terms are all acronyms that refer to the crime commonly known as "drunk driving." Different states have different names for the charge. For example in Arizona, California, and Washington, the charge is referred to driving under the influence or DUI. Ohio law refers to operating a vehicle under the influence or OVI. New York, Texas, Missouri refer to driving while intoxicated or DWI. Massachusetts uses the term OUI.
In the State of Oregon, the exact charge is called "driving under the influence of intoxicants" or DUII.
Oregon does not have different types of DUII charges such as "Extreme DUII" or DWAI (driving while ability impaired). Even if your blood alcohol content (BAC) is quite high--such as .20% or greater--the charge is still the same (although a DUII conviction with a BAC .15% or greater will result in a higher fine and possibly a longer treatment regimen). This website, and all the websites that have stolen copyrighted content from this website, use the terms DUI and DUII interchangeably.
Is a DUII a criminal offense?
Yes, a driving under the influence of an intoxicant charge is either a misdemeanor crime or a felony crime in the State of Oregon depending on your DUII history.
How do I know if I'm charged with a misdemeanor or felony DUII?
In Oregon, a DUII is a misdemeanor crime unless you have two or more prior DUII convictions in the past ten years. [Prior to December 2, 2010, you faced a felony DUII only if you had three or more felony convictions in the past ten years. Refer to Ballot Measure 73.]
What type of penalties might I face if I am convicted of a DUII charge?
As noted above, a DUI in Oregon is usually a Class A misdemeanor crime. Upon conviction, a defendant can receive a variety of penalties including:
• probation (either formal probation, court aka bench probation, or enhanced bench probation);
• jail time (ranging from two days to up to one year) for a misdemeanor DUI and lengthy jail (90 days or more) or prison time (13 to 60 months) for a felony DUI;
• a license suspension / revocation of either one year, three years, or lifetime;
• a fine generally ranging from $1,000 to $2,000;
• additional fees and assessments of a few hundred dollars;
• an alcohol / drug assessment ($150) plus treatment (costs vary);
• attendance at a victims impact treatment session (this session, commonly known as a "victims panel" costs $50 or less).
For a second DUII conviction, the court may also suspend your vehicle registration for up to 120 days and / or impound / immobilize your vehicle for up to one year. If you enter and successfully complete the DUII diversion program you will not face most of these penalties (see below). If you are convicted of a felony DUII, you will face at least 90 days in jail and you may go to prison for one to five years. Refer to the table below for more information.
I have a good driving record, is there anyway that I can avoid a DUII conviction and all the accompanying penalties?
Aside from taking your DUI to trial and winning, you may be eligible for a program known as "diversion." Consult the Oregon Diversion Guide to learn more.
Will I be able to plea bargain / negotiate my Oregon DUI charge down to a lesser offense such as "negligent driving," "reckless driving," "reckless operation," "reckless driving involving alcohol," "wet reckless," "driving while impaired," or a "driving while ability impaired drugs?"
No. While plea agreements of this type are common in some states, in Oregon this practice is prohibited by state law (see below). Other charges, such as a reckless driving ticket, are subject to plea negotiations, charge reduction or dismissal.
What about the Base Fine listed on my ticket?
You will not have to pay any fine including the base fine amount if you enter diversion. If you're convicted of DUII or other charges you will face fines for those offenses. However, those amounts will almost certainly be substantially less than the base fine listed.
I'm not eligible for diversion. What type of sentence can I expect if I am convicted of a first time DUI in Oregon?
A person convicted of a DUII for the first time can expect to receive a sentence of a period of probation with conditions that include: Between 2 and 20 days jail; a $1,000 - $2,000 fine; approximately $400 in additional court fees and assessments; a one year ODL suspension; an alcohol / drug evaluation and treatment; and attendance at a Victims Panel class.
How much jail time will I have to do if I am convicted of a DUII in Oregon?
The amount of incarceration (jail or prison) received will depend on a number of factors, including (but not limited to) the following:
• your prior driving record especially your DUII history;
• your level of intoxication;
• whether there was a collision involved;
• whether there was an injury to another person in the collision;
• which Oregon county or municipal court your case is in;
• what judge you are sentenced by;
• whether there was a passenger / child in your car;
• whether the judge feels you have accepted responsibility for your actions.
Remember, you will not go to jail on for a DUII charge if you enter and successfully complete the diversion program.
I really don't want to go to jail. Is there anyway to avoid jail time?
Maybe. Different jurisdictions offer some alternatives to incarceration. These may include community service, work release, work crew, home confinement aka electronic monitoring. Often, jail is the only option. Talk to your Oregon DUII lawyer about what may be available to you. In this attorney's opinion, a short jail sentence is nearly always preferable to a lengthy period of community service.
For a first DUII conviction in Multnomah County you may be eligible for an "expedited DUII plea" which allows you to avoid jail time altogether if you complete a series of steps in the first 60 days after a guilty plea. If you elect this option, 80 hours of community service is substituted for your jail time.
For a first DUII conviction in Washington County the court will usually sentence you to a short jail term. Once you're taken into custody, the jail may offer your a "work in lieu" of jail program. This is an attractive program. In Beaverton municipal court, the court may authorize a work in lieu program at the time of sentencing.
For a first DUII conviction in Clackamas County the court nearly always sentences you to a short jail term which you must serve in full.
Can I do my community service online?
No. Community service must be done either through the county's community service office or, if authorized by the court, with a 501(c)(3) non-profit in person.
I am licensed to drive in a state other than Oregon and I was cited for a DUII in Oregon. Will my driver license be suspended?
Oregon only has the authority to suspend your right to drive in the State of Oregon. However, Oregon and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact." Oregon will report an Oregon DUII conviction to the home state of the driver (assuming the home state has also adopted the Compact). Your home state will then generally take action to suspend or revoke your license.
This also works in reverse. If you are an Oregon licensed driver and you are convicted of a DUI / DWI charge in another state, Oregon will likely suspend your license if it learns of the conviction. See the statute below:
Even if Oregon does not report your suspension (say because you entered diversion), your home state may still learn of an implied consent license suspension through the National Driver Register (sometimes referred to as the National Driver Registry). The National Driver Register (the "Register") serves as a central repository of information on individuals whose privilege to drive has been revoked or suspended or who have been convicted of serious traffic offenses. The records maintained in the Register consist of identification information including your name, date of birth, gender, driver license number, and the reporting state. The substantive information—the reason for the suspension or conviction and associated dates—resides in the reporting state.
State motor vehicle departments can query the Register to determine if an individual's license or privilege has been withdrawn by any other state. All 50 states and the District of Columbia participate in the Register. You can request your record from the Register here.
Will I have to install an ignition interlock device on my car?
Probably. An ignition interlock device (IID) is a computerized breath analyzer that connects into an automobile ignition system. Prior to starting a vehicle equipped with an IID, a driver must provide a breath sample by blowing into the IID. The IID prevents the vehicle from starting if the alcohol content in the driver´s breath sample exceeds a certain limit.
State law now requires persons in the DUII diversion program to install an ignition interlock device during any part of the one year diversion period that the person has driving privileges. In other words, if you drive during the period you're in diversion you may only do so in a vehicle equipped with an ignition interlock device.
Additionally. a person convicted of an Oregon DUII must install an IID in order to:
• receive a hardship permit during the suspension period for the DUII conviction; and also to
• reinstate your ODL after the DUI conviction suspension period ends for a period of one year (for a first DUI conviction) or two years (for a second or subsequent DUI conviction) following the end of the conviction based suspension.
See OAR 735-070-0080 and ORS 813.602 for more information. For installation locations for an IID, contact the Oregon Department of Motor Vehicles at 503.945.5400 or refer to the link on the right of this page.
How do I go about getting an ignition interlock device installed in my car?
Contact one of the IID installers in your area to arrange for installation. You may also contact the DMV Ignition Interlock Division at 503.945.5400 for answers to your IID questions. An IID will run you about $60 - $70 per month.
What happens if I don't install an IID?
If you're in the diversion program you need not install an IID if you will not drive at all during the one year diversion period. However, if you're caught driving without an IID, you risk getting terminated from diversion. You may also be cited for a Class A traffic violation and face a substantial fine.
If you're convicted of a DUII and do not install an IID, you will remain suspended for an additional year or two depending on your DUII history. If you get caught driving without an IID while on probation for a DUII conviction you face a probation violation and a Class A traffic violation ticket. See ORS 813.602(1)(b)-(c).
I have asthma / COPD and I don't think I can use an IID. What do I do?
Some medical conditions may relieve drivers from installing an IID. You can review the DMV's rules / requirements on medical exemptions at OAR 735-064-0070(7). See also HB 2116 (expanding the medical exemption for the DUII diversion IID requirement).
I have a job that requires me to drive a company car. Do I need to install an IID in that vehicle?
There is an ignition interlock device exemption for employer owned vehicles. If you meet the exemption requirements, you will not have to install an IID in your employer's vehicle. See ORS 813.806 and HB 2116 (expanding exemption to diversion IID requirement).
How many "points" will go on my license for a DUII?
Oregon does not use a point system. Both a DUII conviction and a DUII diversion will go on your driving record, but points are not assessed. Oregon uses two programs that may be of concern: (1) the driver improvement program; and (2) the habitual offender program. If you accumulate enough convictions on your driving record, you face a suspension or revocation under one of these programs.
What happens if I was on probation when I got arrested for an Oregon DUII?
Committing a new offense while you're on probation for a previous crime creates two problems. First, you face the new DUII charge. Second, you face a probation violation hearing for failing to "obey all laws" (a standard condition of probation). The most serious scenario is when you receive a new Oregon DUII offense when you're already on probation for a previous DUII. When this happens, its in your best interest to speak to an Oregon DUII lawyer right away.
Since my arrest I've received letters from various Oregon attorneys / treatment providers / IID installers. How did these people find out that I was arrested?
In Oregon, adult arrest and suspension records are "public records" and are subject to disclosure upon written request. Some Oregon lawyers and other service providers make public record requests from government agencies in order to obtain a list of persons arrested for a DUII offense. After receiving the arrest / suspension information, the firm sends a letter outlining their services. Keep in mind that even though these records are "public," individual records are usually not accessible unless specifically requested.
Can I really get an Oregon DUI on a bicycle?
Yes. The criminal charge for DUII applies to anyone operating a "vehicle" in the State of Oregon (not just motor vehicles). Therefore, you can get a DUII on a bike, moped, motorized scooter, pocket bike, electric bicycle and even a Segway. The penalties for a DUII crime are the same whether you're in a motor vehicle or on a bike.
Oregon's implied consent law only applies to motor vehicles however.
After my arrest, my mug shot and name were placed on a website. Is this legal?
Unfortunately, yes. Arrest records including mug shots are public records. Any person paying a fee can request and receive this information and re-publish it. Many local governments also put this information on websites where individuals copy and republish it. After the first of the year, you may have some recourse. See HB 3467. Fortunately in late 2013, Google has taken steps to remove this information from its search results.
Will I be able to vacate, seal or expunge my Oregon DUI or otherwise remove the offense from my record?
Oregon law does not allow an individual to seal or expunge a DUI diversion or a DUI conviction. Simply put, most traffic offenses cannot be vacated, expunged or sealed under Oregon law. However . . .
In 2009, the Oregon Legislative Assembly passed House Bill 2318. Under this law--which was effective January 1, 2010--DUI arrests (and other traffic crime arrests) may be expunged if the charge was dismissed (other than diversion-related dismissals) or if the prosecutor declined to prosecute (no-complainted) the case. However, DUI convictions and dismissals resulting from the successful completion of the diversion program still cannot be sealed or expunged.
Example One: You were found not guilty of the DUII charge after a jury trial. You may expunge this DUII arrest right away (assuming you meet the other expungement eligibility requirements).
Example Two: You were arrested for a DUII charge even though your breath test showed only a 0.06 percent. You went to court, and the case was called as a "no complaint." You may expunge this arrest after waiting one year.
Example Three: You were arrested for a DUII charge and entered the diversion program. Your DUII was dismissed after one year following your successful completion of the diversion program. You cannot expunge this arrest.
Example Four: You were arrested for a hit and run charge (failure to perform the duties of a driver) and your lawyer was able to obtain a dismissal of the charge through a "civil compromise." You may seal / expunge this arrest right away assuming you're otherwise eligible.
What will an Oregon DUII charge do to my ability to get / maintain car insurance?
If your insurance company finds out about an entry into the diversion program or a DUII conviction one of two things are likely to happen. Either your insurer will raise your rates or you may be cancelled or non-renewed.
Of course, it is possible that your insurance carrier may not find out about your DUII on their own. However, if you are convicted of a DUII or if you apply for a hardship permit you will need to file an SR-22. [This is an important consideration in deciding whether to apply for a hardship permit if you enter diversion on your DUII charge.] You can only get an SR-22 from your insurance company so they will necessarily learn of the DUII arrest / conviction when you request one.
If your insurance company misses the diversion or conviction at the time it happens, it generally has three years to cancel your policy or raise your rates because of the DUII.
What is an SR-22?
An SR-22 is a certificate from an Oregon licensed insurance company certifying that you have purchased liability insurance that meets the minimum required coverage limits. Oregon's minimum coverage limits are: $25,000 to cover bodily injury to or death of any one person in any one motor vehicle accident; and, $50,000 to cover two or more persons; and $10,000 to cover property damages.
The SR-22 provides proof to the Oregon Department of Motor Vehicles (DMV) that you are insured. If you cancel your insurance or the insurance company cancels your policy before your suspension period is over, the company must notify DMV that the certificate is canceled. You will need to get a new SR-22 certificate on file with DMV within 30 days or your license will be suspended. If you are asked to prove “future financial responsibility” by having an SR-22 on file with DMV, a copy of your insurance binder or your insurance card is not considered acceptable proof. Also, your insurance must cover all vehicles both operated by you and registered in your name.
You will generally need to file an SR-22 if you are convicted of an Oregon DUII or if you apply for a hardship permit. An SR-22 is also required for certain unsatisfied judgments; for driving uninsured convictions; and for uninsured accidents.
Do I need to file an SR-22 if I enter the diversion program?
If you enter the diversion program on your DUII charge and do not apply for a hardship permit on your implied consent suspension, then you should not need to file an SR-22. A hardship permit requires an SR-22 filing.
I was involved in an accident with my DUII. Do I need to file an accident report?
You will need to file an Oregon Traffic Accident and Insurance Report if you were involved in a collision and one of the following are also present:
If possible, file the report within 72 hours after the incident. File the report even if its late.
What if I am facing other charges along with my Oregon DUI?
Additional offenses generally fall into two categories: violations and crimes. Violations--such as careless driving, VBR, failing to maintain lane, failing to obey a traffic control device--are punishable only by a fine (and rarely a short license suspension). Traffic crimes--such as reckless driving, hit and run, assault, and criminal mischief--are more serious because a conviction may result in jail time and nearly always result in a license suspension or revocation of some length.
Criminal offenses are punishable by possible jail time, fines, and a mandatory driver license suspension. Some of the more common offenses which accompany DUII charges are outlined below.
Keep in mind that you cannot enter diversion on any criminal charges other than a DUII charge. Contact an experienced Oregon DUI lawyer to learn more.
What type of penalties might I face if I am convicted of reckless driving in Oregon?
Charges such as reckless driving, misdemeanor failure to perform the duties of a driver (hit and run property damage), recklessly endangering, and criminal mischief in the second degree have fewer required penalties than the crime of DUII. When convicted of one of these charges, you can expect a sentence of probation, a fine, an order of restitution if applicable, and at least a 90 day license suspension. Jail time is possible though not required. The amount of jail time, if any, will depend primarily on the seriousness of the incident and the your driving record.
Are there any concerns if I have a commercial driver license (CDL) and got arrested for DUII?
Unfortunately, yes. In 2005,
the Oregon Legislature made a number of changes effecting CDL holders.
Among other things, a person may enter
Oregon's DUI diversion program only if the driver
did not hold a commercial driver license on the date of the commission
of the offense. 'Holds a commercial
driver license' means a person has a commercial driver license that is:
(1) valid; (2) expired less than one year; or (3)
suspended, but not
canceled or revoked. See ORS 153.090.
See ORS 153.090.
But I wasn't driving commercially at the time of my arrest, so even though I have a CDL I can enter the diversion program . . . right?
No. No CDL holder may enter the DUII diversion program regardless of whether or not they were driving commercially at the time of the arrest.
I have a commercial driver license. How long will my CDL be suspended for if I am convicted of a DUII?
For a first DUII conviction, your commercial license will generally be suspended for one year (the same length as your non-commercial Class C license). This one year suspension applies regardless of whether you were driving a commercial vehicle at the time of your DUII arrest.
However, if you were operating a commercial vehicle and transporting hazardous materials while under the influence, your CDL will be suspended for three years for a first DUII conviction.
For a second DUII conviction you lose your commercial license for life though you have the right to reapply for a CDL after 10 years.
Keep in mind that "a person's commercial motor vehicle driving privileges may be suspended without affecting the person's privileges to operate vehicles which may be operated with a Class C driver license." OAR 735-070-0035(1).
Refer to 49 CFR § 383.51(b) for the federal regulations setting forth CDL disqualifications for major traffic offenses. These regulations apply to CDL drivers in all 50 states.
How long will my CDL be suspended for if I failed or refused a breath / blood / urine test?
If you're not driving a commercial vehicle, your CDL will be suspended for same length as Class C license holders. Those suspensions lengths are outlined in the table near the top of the page. If you were driving a commercial vehicle, you face a suspension as outlined in the table below:
Are there special concerns for licensed pilots who get an Oregon DUII?
Yes. The FAA has special reporting requirements for certain Motor Vehicle Actions including DUI convictions and certain administrative (implied consent) driver license suspensions. Learn more here. The FAA will not necessarily take action against your pilot's license for receiving a DUII, but it is vital that you report the incident if required.
Are there any concerns for mariners licensed by the United States Coast Guard who get an Oregon DUII?
Yes. An applicant for a Coast Guard credential must disclose all criminal convictions on their application form. In addition, the Regional Exam Center (REC) performs a National Driver Register check on applicants. Once a DUII conviction is identified, the REC evaluates the applicant's reported conviction and associated facts.
I have an OLCC servers permit. Will my DUII cause me to lose my permit?
Possibly. Service permits are issued by the Oregon Liquor Control Commission to employees who serve alcohol in restaurants, taverns, bars, lounges, clubs, and other businesses. Oregon law requires you to have a service permit if you work at a business with a liquor license that allows customers to drink on the premises and you mix, serve, or sell alcohol in any manner. Managers who supervise employees who mix, serve, or sell alcohol must also have a service permit. Consult the OLCC's website to determine if a DUII conviction will affect your permit. Generally, a first DUII will not.
Are there special concerns for Oregon health professionals who are arrested for a DUI or other criminal charges?
Yes. Effective January 1, 2010, if you are a health professional that is (1) license by; or (2) certified by; or (3) registered with one of the following Boards:
Then you must self-report, to the appropriate board, either a misdemeanor or felony conviction within 10 days of the conviction or if you are arrested for a felony, you must report the arrest within 10 days of the arrest. See House Bill 2059 (2009).
Most DUI arrests are misdemeanor offenses which are not subject to mandatory reporting. Successful completion of diversion results in a dismissal of the DUI charge which would also not require reporting. However, a DUI conviction or a conviction of reckless driving / hit and run or another crime must be reported within 10 days of the conviction / sentence. An arrest for a felony DUII or felony hit and run would require immediate reporting.
Are there programs for health professionals that have an alcohol or other substance abuse problems?
Oregon physicians may wish to consider contacting the Board of Medical Examiners’ Health Professionals Program (HPP) if they have a problem with alcohol. The mission of the HPP is to protect public health through maintenance of the health of licensees of the Oregon Board of Medical Examiners. HPP services include confidential consultation, intervention, assessment, referral, recovery monitoring, and relapse management. HPP will facilitate the intervention for individuals identified with possible substance use disorder, conduct an initial assessment and refer for a multi-disciplinary evaluation and/or treatment as recommended.
Once a licensee diagnosed with a substance abuse disorder has completed a primary phase of treatment, an HPP agreement for continuing care monitoring is implemented. Standard monitoring lasts a minimum of five years and includes an individualized plan of therapeutic recovery activities as well as random urine toxicology screening. Evidence of recovery is obtained through behavioral observations, evidence of healthy choices, and active participation in recovery activities. Participants will be drug tested.
Oregon dentists may wish to consider contacting the Board of Dentistry Confidential Diversion Monitoring Program.
Oregon nurses may wish to contact the HPP if they have a problem with chemical dependency.
What will a DUII do to my ability to enter Canada?
Having any type of drunk driving (DUII) conviction generally makes you inadmissible to Canada for at least 10 years. On rare occasions, a person may be deemed rehabilitated when less than 10 years has elapsed since the conviction. Usually, you must wait at least five years from the end of your DUII probation however. Refer to Canada's Citizen and Immigration website to learn more about entering Canada following an Oregon DUII conviction.
Beginning in 2012, a foreign national (US citizen) with a single misdemeanor DUII conviction may be allowed to visit Canada under a TPR if you meet the following conditions:
If you believe that you will need to travel to Canada in the future and you're facing a first DUII conviction it is essential that you discuss with your lawyer about requesting a community service sentence (rather that 2 days / 48 hours jail). If you can avoid a sentence that includes any incarceration, you may be allowed to enter Canada under a Temporary Residence Permit (TPR).
Keep in mind that if you successfully complete the Oregon diversion program you will not be convicted of a DUII offense. However, you should avoid attempting to enter Canada while you are in the diversion program as your case will show as "pending" until dismissal. Remember: diversion lasts one calendar year.
Where and when do I go to court?
You should have been given a release agreement from the jail or a citation from the officer. On either the release agreement or citation you will find the date, time and place of your court appearance(s). Make sure you read this paperwork and do not miss court. Sometimes you may have a separate appearance at a different time / date / location if you're cited for an infraction (such as speeding) along with your DUII charge, so read all of your paperwork.
Do I need an attorney for my first court appearance?
No. Some courts, such as Multnomah County, have you appear a day or two after your arrest. You may go to your first court appearance by yourself and the court will always allow you time to find a lawyer. You will not harm your case, defenses, or options by going to your first appearance by yourself.
If you do hire a lawyer before your first court appearance, you may be able to have your counsel appear on your behalf. Multnomah County; Clackamas County; Washington County; West Linn; and Lake Oswego courts often allow a first appearance to be made by retained counsel without the defendant's personal appearance.
I have a conflict. Do I have to go to my first court appearance?
Yes, unless you hire an attorney prior to your first appearance and the attorney tells you that he/ she can appear on your behalf.
GENERAL RULE: If you fail to appear for court you forfeit your right to do diversion and a warrant will be issued for your arrest. You may also be charged with the crime of failure to appear.
EXCEPTION: In some Oregon courts if you hire an attorney prior to your first appearance the attorney can appear on your behalf. Examples include Multnomah County; Clackamas County (for non-person crimes including DUII); and Washington County (if you were booked into jail following your arrest).
You always must appear on felony charges. You will have to personally appear for subsequent court appearances even if your attorney can handle your first appearance. [Occasionally, in Multnomah County only, an attorney can handle misdemeanors without any appearances through a mail plea.]
I missed my court appearance. What do I do now?
Failing to appear (FTA) for court is to be avoided. When you miss a court appearance, you could be charged with a separate crime known as "Failure to Appear in the Second Degree" or "Failure to Appear in the First Degree." At a minimum, the court will issue a warrant for your arrest (known as a bench warrant). Talk to your lawyer. If you are in Multnomah County, your lawyer may be able to scheduled a court appearance to recall your bench warrant. Often times, your only option is to turn yourself in at the jail on the outstanding warrant. A new court date will then be scheduled for your appearance.
I have a warrant for my arrest for an old DUII charge in Oregon, and I live in another state. Will Oregon seek to extradite me back to Oregon?
Oregon generally does not extradite persons from out of state for misdemeanor warrants. However, if you failed to appear for a felony DUII offense, Oregon very well will seek to bring you back if you're ever arrested in your home state.
I am having trouble getting my license back after a DUII conviction some years back. Can a lawyer help me?
Probably not. To reinstate your license contact the Oregon DMV and find out exactly why you are suspended. You may be suspended for any one of a number of reasons such as:
Once you know the exact reason(s) that you're suspended, you must take the steps to fix the problems. Generally speaking, a lawyer will not be able to relieve you from the DMV's requirements.
The one exception may be with the proof of treatment completion. If you don't provide the Oregon DMV with proof of treatment completion they will put a hold on (suspend) your license for up to 15 years. If you've done treatment but haven't been able to provide the DMV with a satisfactory completion certificate an attorney may be able to file a motion asking the court to find that you've substantially satisfied the requirement. See House Bill 2121.
Can I represent myself in court on my DUI and / or other charge(s)?
Yes. You have a constitutional right to represent yourself on any criminal charge no matter how serious. Keep in mind that DUI defense is a complex area of the law as evidenced by the information above. If you cannot afford to hire your own counsel, you definitely should apply for court appointed counsel to represent you. You have no right to court appointed counsel on an appeal of your implied consent license suspension.
If you would like to hire an Oregon DUI lawyer for your charge, consider contacting attorney David Lesh. There is no charge for the initial consultation.
Representing Clients in Multnomah County, Clackamas County, Washington County, Columbia County, and Yamhill County Courts as well as Lake Oswego, Beaverton, Gladstone, Canby, Scappoose, McMinnville, West Linn and Troutdale Municipal Courts.
No copyright claimed to government statutes (ORS), rules, or forms.