Oregon drivers face a license suspension ranging from 90 days to three years for failing or refusing a breath or blood test. An Oregon DUI conviction will result in a driver’s license suspension of one or three years, or a lifetime suspension. Oregon

DUI laws are some of the strictest in the country, making it critical that one contact a qualified Oregon DUI defense attorney immediately if accused of drunk driving or any DUII related offense.

In Oregon, you may be convicted of DUII if you are merely affected to some perceptible degree by the intoxicant you have consumed. The test is whether you lack the clearness of mind and physical control that you normally possess because of the intoxicant you have consumed. Intoxicants include drugs, alcohol, or a combination of both. If you are in such a physical condition through the use of medication, drugs or even fatigue so that you become affected by a lesser amount of intoxicant than would normally affect you, you may still be found guilty of the charge of driving under the influence of intoxicants if your mental or physical faculties are affected to a noticeable degree.

The offense may be committed on a public highway or on premises open to the public. Therefore, the law applies to areas such as parking lots, transit station parking facilities, and school yards, but does not apply to driving on private land not open to the public.

The prosecutor usually relies upon the opinion testimony of police officers who have made the DUII arrest. That opinion is usually based upon the officers’ observations of driving pattern, physical appearance after the stop, your walking, standing, and speaking. The opinion also can be based upon the statements, if any, you make to the officer.

An officer also may ask you to do certain balance tests or certain memory tests commonly called “field sobriety tests.” If you are warned that your refusal to perform such tests may be admitted in court against you, your refusal to perform such tests may not be admitted at trial. Once an officer has placed you under arrest, he or she is required to read you your constitutional rights.

You have no legal obligation to say anything to the police officer at any time other than to present your driver’s license and vehicle registration. Anything you do say can be used against you at trial.

If you submit to a breath test, you may request a blood test or other form of test to measure the alcohol content of your blood. If you have been arrested for driving under the influence of intoxicants, and you agree to take a breath test, that evidence generally can be used against you in a trial of the DUII case. If the test is valid, and it shows a blood alcohol reading as measured by your breath of .08 percent or more by weight of alcohol in the blood, you can be found guilty of driving under the influence of intoxicants whether or not you were driving erratically or showed any visible signs of being under the influence.

Being convicted of Driving under the influence of intoxicants (DUII) has extremely serious consequences and penalties. If found guilty on a first offense DUII, you could be fined $5,000.00, your driver’s license will be suspended for one year, and you will be required to submit to an alcohol evaluation at your own expense and to complete any treatment program recommended by the evaluator, and you could receive one year in the county jail.

The court may also order:

• A period of probation;
• At least 48 hours in jail or at least 80 hours of community service;
• Unitary Assessment of $90.00;
• Statutory assessments of $225.00;
• Reimbursement for court-appointed attorney fees;
• That you obey all laws during the probation period;
• That you not drink alcohol or use or possess drugs;
• That you attend a Victims Impact Panel.

Not Drinking and Driving is ALWAYS the best practice, but to find a Oregon DUI Lawyer Visit the Oregon DUI Law Directory.
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