Oregon DUII Law Guide

If you have been charged with a DUII, time is sensitive. Oregon has an implied consent law that requires you, as a driver, to consent to a breath test, urine sample, or blood draw upon request by law enforcement or face a suspension of your license.

Implied Consent Hearing

Your time for response is limited. You have only 10 days from the date of your Oregon DUII arrest to request an implied consent hearing to challenge your license suspension if you failed a breathalyzer or refused to blow into the machine.

DUII Diversion in Oregon

A program that allows eligible persons to avoid a DUII conviction and the accompanying court penalties if they are able to complete the program requirements. If successfully completed, diversion will result in the dismissal of the DUI charge. The petition to enter the diversion program must be filed within 30 days of the date of arraignment. The diversion time period lasts one year unless a petition for an extension of the diversion time period is filed within 30 days before the end of the diversion period. If an extension is granted, the diversion period may be extended for up to 180 days. Only one extension is allowed.

Hardship Permit

A hardship permit may be available to you if your license was suspended. Hardship permits are only available if you had a valid Oregon driver license at the time of your suspension. Obtaining a hardship permit will require you to obtain an SR-22 from an Oregon licensed insurance company. An SR-22 provides proof to the Oregon DMV that you are insured. However, obtaining an SR-22 may have consequences on your insurance rates and sure thoroughly be discussed and considered before seeking a hardship permit.

DUII Penalties Upon Conviction

DUII in Oregon is usually a Class A misdemeanor crime.  Conviction of a DUII can have a wide range of penalties. Some penalties that may be imposed include, but are not limited to:

  • Probation (either formal probation, bench probation, or enhanced bench probation);
  • Jail time (ranging from a minimum of two days to up to one year) for a misdemeanor DUII and prison time for a felony DUII;
  • Community Service
  • A license suspension/revocation of either one year, three years, or lifetime;
  • A fine generally ranging from $1,000 to $6,250;
  • Additional statutory fees of $130 + $97 +$66;
  • An alcohol/drug evaluation plus treatment;
  • Attendance at a victims impact treatment session

If you have been charged with a DUII in Oregon contact me today for a free consultation and review of your charges 503-298-6713.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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