Repeat DUIIs in Oregon: All About Second Offenses

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While DUII allegations are relatively common, they’re still incredibly serious charges. This is especially true when multiple DUII offenses come into play. Understandably, repeat offenders face even harsher penalties that can have a severe impact on their financial state and their future as a whole. In today’s post, we’ll be talking about second DUII offenses and the consequences you may face if you are charged and convicted of a second DUII in Oregon.

If you fail your BAC test a second time…
Oregon drivers cannot have a blood alcohol concentration (or BAC) of .08% or above. If your BAC is recorded at this level during a breath, blood, or urine test, you will fail. A first failed test means a 90-day license suspension. But the second time this occurs (whether you have a previous DUII conviction on your record, went through a drug or alcohol program, or already had your driving privileges suspended under implied consent laws), the punishment is much more substantial. A second failed test can result in a one-year license suspension, as long as the current offense happened within five years of the first, among other criteria.

If you refuse to take a BAC test…
Normally, if you just refuse to take this test, your license will be suspended for a year. But, if you’ve refused before, or have previously been convicted of a DUII, or went through a DUII diversion program, refusing the test again will make things worse. In cases of a second offense, your refusal could result in a three-year license suspension.

When facing repeat DUII allegations, it’s important to contact a DUII attorney immediately. Consequences extend well beyond license suspensions. Here are just some of the other punishments you may face.

    • Ignition Interlock Devices: If you are convicted of a second DUII, you will be required to install (at your own cost) and use an ignition interlock device in any vehicle you operate. This requirement applies for two years after the end date of your license suspension. Keep in mind that even if you don’t refuse the initial BAC test, a second DUII conviction will result in a three-year license suspension (if within 5 years). This means that your driving privileges will be impacted for at least five years.
    • Fines: A second DUII conviction is considered a class A misdemeanor. This means that, at best, you may face a $1,500 to $6,250 fine. For offenders with higher BAC levels (0.15% or higher), the minimum fine is raised to $2,000.
    • Jail Time: second DUII offenders are sentenced either to at least 48 hours in jail or 80 hours of community service. This is just the bare minimum. However, a judge may decide your crime or your criminal history justifies additional time.
    • Substance Abuse Treatment: Second DUII offenders in Oregon will also have to complete a drug screening assessment and a treatment program for substance abuse. Treatment programs last a minimum of three months encompassing 12 to 20 hours of substance abuse education. A minimum program must be completed for driving privileges to eventually be reinstated.
  • Victim Impact Panel: Oregon courts also require what’s called a DUII Victim Impact Panel. This one-time class (paid for by the offender) covers the serious consequences of DUII accidents, many of which prove fatal. While 10% of licensed drivers are under 21, these drivers are responsible for 17% of alcohol-related crash fatalities.

If you have faced alcohol-related charges in the past, you need a reputable DUII law firm on your side. For more information about our DUII law firm or our other areas of practice, contact us today.

What To Expect During a DUII Trial

duii attorneyPeople drive impaired almost 300,000 times every day; however, less than 4,000 of those impaired drivers are actually arrested. For those who are arrested, they’ll begin the process of going through a DUII case. If you’ve been involved in a drunk driving accident, or got pulled over for driving under the influence, it’s important to know what to expect throughout the course of a DUII case. This includes preparation, going to trial, fines, jail time, and other penalties that can result from a DUII. This article is going to provide a brief overview of what you can expect during a DUII case.

Your DUII attorney will help you prepare for your trial. Preparation may include things like filing paperwork, examining evidence, and reviewing your testimony. In court, you may be asked difficult questions by the prosecution, on cross-examination, regarding the details of the situation. Because of this, it’s important to discuss possible questions and scenarios that may be brought up in court with your DUII defense attorney-to ensure you’re prepared to handle them. If you go to court unprepared, you could sacrifice the chances of a positive outcome. Additionally, going to trial without the help of a DUII attorney could severely jeopardize your case. Trying to represent yourself is rarely a good idea, especially when it comes to a DUII. To ensure you’re aware of your rights, and that you are as prepared as possible, it’s crucial to hire a DUII lawyer.

However, in many cases, a good DUII attorney will actually try to ensure that you never go to trial in the first place.  Negotiations play a very important role in all DUII cases. While negotiations may not always be appropriate, they can ultimately spare you a lot of agony in the months to come.

DUII sentences can vary depending on the severity of the situation. First-time convictions generally earn less severe punishment (legal minimum), while repeat offenses or more severe situations may receive harsher punishments. Because sentences can vary so much, it’s important you have an experienced attorney to help build a strong case.

If you have an upcoming DUII matter, it’s important to consult an experienced DUII attorney. They can help prepare you for your case, give you reasonable expectations for the outcome of the trial, and help make the entire process easier.

Ignition Interlock Devices in Oregon: FAQs

DUII convictions come with all kinds of consequences. Even if you had an excellent DUII defense attorney and this was your first conviction, your driving privileges still have been suspended by an Oregon court. However, it may be possible to have those privileges reinstated by requesting a hardship permit. In most situations you will be required to install an ignition interlock device, or IID, in your vehicle. But what exactly are these devices and what kinds of regulations does Oregon have pertaining to them? We’ll answer some of those FAQs in today’s post.

When might I need an IID installed?

If you are arrested and later convicted of a DUII or enter into the DUII diversion program, an IID will be required for a hardship permit, for the DUII diversion program (in most cases), and as a requirement from the DMV (the length of time varies). This device functions as a mobile breathalyzer to ensure driver compliance and prevent intoxicated driving. If your driving privileges were taken away due to a DUII conviction, it may be possible to gain them back applying for a hardship permit, and installing an IID. While every DUII conviction in Oregon mandates a license suspension (one year for a first conviction, three years for a second [if it is within 5 years of the first], and a permanent revocation for a third), installing an IID will very likely be part of the process in most DUII situations.

What happens if I violate the IID testing?

If you attempt to operate your vehicle with alcohol in your system and you’ve already had an IID installed, a positive report will be recorded. This report will be passed along to the entity that monitors your case or conducted your assessment, after which the information will be given to the court. This could mean that you’ll have to place a call to your DUII attorney sometime in the near future. Some IID providers will charge the motorist a violation fee, while others will not. Your car will not start if you record a failed test; if the test is rolling, you will be able to navigate to a safe location when a negative test is recorded.

Can other people drive my car that has an IID installed?

Other people are allowed to operate your vehicle, but a breath test is still required from that driver to operate it. In addition, the offender is responsible for any and all breath tests. That means that if any other driver doesn’t perform the test correctly or alcohol is detected, you will be held responsible for that.

Do IIDs have a negative effect on cars?

Some people worry that the electrical draw required by IIDs will harm their vehicle. As long as your car’s electrical system is functioning fine, your IID should always operate correctly and your car will be completely unscathed. The amount of electricity required by IIDs is very small. Unless you don’t use your vehicle for a very long time, there’s no reason to worry.

How long do I have to keep an IID installed?

This does depend on the specific circumstances of your case, so your DUII attorney will be your best source of information. Usually, an IID must stay in your car for one year. But as of January 2016, IID users can qualify for early removal when no negative reports have been recorded for six months (in DUII diversion situations only). You may be able to petition the court to have your IID removed after 6 months.

While installing an ignition interlock device may seem like a nuisance, it’s often the best way to regain your freedoms and prove to the court that you can live as a law-abiding citizen. For more information about IID regulations or DUII charges, please contact our law firm today.

Distracted Driving in Oregon: How the Bill Passed in October Affects You

At any point during daylight hours, an estimated 660,000 drivers in America are using their phones or other electronics while operating a vehicle. In 2015, 391,000 people were injured and 3,477 were killed in accidents that involved a distracted driver. Each one of those people put themselves in a position to possibly have to hire a criminal defense attorney to help them in criminal matters. Each state has different penalties regarding cell phone and electronic use while driving, but many are adopting distracted driving laws.Picture1

For Oregon residents, distracted driving is becoming more of a punishable offense due to the state placing increased penalties on cell phone use while driving. The law took effect October 1, 2017, and corrects some definition ambiguity in an earlier bill passed in 2009, which allowed people to use cell phones for things other than texting and calling. Of course, the original bill didn’t intend for drivers to be able to play games on their phone while going 60 miles per hour down the highway, but the ambiguous wording provided a loophole for offenders.

With the updated bill, drivers are no longer allowed the use of many functions of their cell phone while operating their vehicles. According to the Oregon Department of Transportation, drivers can start or end functions on their phones if it is limited to a single touch or swipe and is hands-free. Meaning if your cell phone is dash mounted, you can take calls, but if you have to physically pick up your phone, then you’ll have to let it ring. The law applies to all electronics including laptops, GPS, tablets, and any other device not permanently mounted in your vehicle. The bill allows drivers to dial emergency services only if there is no one else in the car able to do so.

With the new restrictions on electronic use and distracted driving, drivers will have to be more cautious than ever when operating their vehicles. If you get into an accident in which someone was injured or killed, and they have reason to suspect you were distracted in any way, you could face serious charges and should contact a criminal defense attorney right away. Accidents without injury have a three-tier system with up to a $2,500 fine and six months jail time for the third conviction.

If You Are Arrested For Prostitution or Solicitation: 3 Things To Know

Picture1Every year, approximately 80,000 American citizens are arrested for solicitation. Although such arrests are fairly common, that doesn’t mean they shouldn’t be taken seriously. In fact, these criminal allegations can have serious consequences, regardless of the specific circumstaces. That’s why you should contact a prostitution defense attorney right away if you are arrested for these kinds of sex crimes. But what else should you know about prostitution charges?

  1. You can remain silent

If you have been arrested in a prostitution sting of some kind, you do have the right to remain silent. Just because you are handcuffed and taken into custody does not mean you’ve lost these rights. Should a police officer question you, you can invoke your rights by telling them that you will not answer any questions until your attorney is present. Police may use tactics to get the information they need, but your attorney can protect you from self-incrimination and can ensure the best outcome for your situation.

  1. Arrests can occur even if no money was exchanged or sexual act took place

Remember that what you say can be used against you (in more ways than one). In many cases, simply offering to exchange money or other compensation for sexual activity can get you arrested. As long as the offer or agreement has actually been made, the sexual act doesn’t actually have to take place. The compensation doesn’t even have to be exchanged for these criminal allegations to be brought against you. The other person doesn’t even have to be willing or able to commit prostitution for you to be charged.

  1. The consequences extend beyond fines and jail time

Yes, you should be concerned about steep fines or spending time in jail. But these may actually be the least of your worries. The financial, professional, and personal implications of these criminal allegations can be even worse than the legal consequences. If your name and mugshot are published on a website or in the newspaper, you may find yourself a social outcast with no job, no relationship, and no future. If you are in the country illegally, it could even result in deportation. At the very least, your reputation will be sullied and one quick internet search will make sure your work and your relationships suffer significantly.

Prostitution charges have the power to impact your entire life, especially if you go without experienced legal representation. If you or someone you know is facing charges of prostitution or solicitation, contact Jared Justice today.