In the state of Oregon, it’s illegal to operate a motor vehicle is your blood alcohol concentration (BAC) is above .08%. But even a basic knowledge of DUII law doesn’t always stop motorists from getting behind the wheel when they’ve had a few too many. If you’re worried about what might happen if you’re pulled over for drunk driving, you probably should be. Despite what you might think, a DUII allegation and subsequent conviction can have massive ramifications on your life as you know it. Here’s what you can expect if you are pulled over and charged with a DUII.Continue reading “What Happens When You’re Caught Drinking and Driving?”
It is critical to know how your body reacts to alcohol. Such insight will prevent run-ins with the law, but—more importantly—it will help keep you and those around you out of harm’s way. In 2016 alone, 2,017 people died in alcohol-related crashes where drivers had low alcohol levels (levels below the legal limit). Even with BACs as low as 0.1 to 0.7 g/dL, accidents can still happen and change lives forever.
Everyone responds to alcohol differently, so it is imperative that you know how alcohol affects you. You may have had too much to drink if you notice any of the following signs:Continue reading “The Importance of Knowing Your Alcohol Limits”
Most people never dream that they’ll be in trouble with the law. But unfortunately, it’s possible that you may find yourself in a precarious situation that requires help from a qualified attorney. There are several reasons to hire a criminal defense lawyer for a case. We’re going over just three of those reasons in today’s post.Continue reading “3 Situations That Require Help From a Criminal Defense Lawyer”
We tend to hear about the strict penalties for drunk driving offenses in Oregon. But there are other criminal matters that occur behind the wheel that the state takes very seriously. The penalties for distracted driving have become increasingly harsh over the last few years in an effort to prevent accidents and fatalities on Oregon roads.
At any given daylight moment across the country, approximately 660,000 drivers use cell phones or other electronic devices while they drive. It’s been a real problem in Oregon. In June of 2018, traffic deaths increased by 18% from the year prior. At least a portion of those fatalities, said the state’s Department of Transportation, can be attributed to driver inattention.
In television shows and movies, you may have seen seedy men swept up in police stings involving shady hotels and ladies of the night. Exaggerated versions of events like these might make you believe that they could never happen to you. But the truth is that approximately 80,000 Americans are arrested every year for soliciting sex. And while you might think that an arranged meet-up doesn’t carry a whole lot of risks, nothing could be further from the truth.
Law enforcement officers will frequently use the internet to set up online prostitution stings. They will attempt to lure unsuspecting people into a situation in which they can be arrested for solicitation. It’s important to protect yourself by learning about what can happen during this type of sting and how to avoid situations like these entirely. Otherwise, you may need immediate help from prostitution lawyers after the fact.
Although fewer than 4,000 people are arrested for drunk driving on a daily basis, that doesn’t mean you’re invincible. If you choose to drink and drive, chances are that you will eventually pay the price in one way or another. Those who are arrested for operating a vehicle under the influence of alcohol for the first time may be eligible for what’s known as a DUII diversion program.
Diversion programs essentially allow a first-time DUI offender to plead guilty or no contest to their crime without having to serve time in jail. Instead, individuals have to successfully complete the DUI diversion program requirements; if they do, the charges against them will be dismissed or even expunged.
According to the 2017 National Survey of Drug Use and Health, among those with a substance use disorder:
- 75.2% struggle with alcohol use
- 36.4% struggle with illicit drug use
- 11.5% struggle with illicit drugs and alcohol use
- 3.4% had both a substance use disorder and a mental illness
Despite the above findings, the Substance Abuse and Mental Health Services Administration (SAMHSA) reports that “Rates of alcohol use disorder have declined in all age groups relative to 2015.” But why don’t more addicts seek help? What’s holding them back? There are so many barriers that stand in an addicts way, and we can’t help our loved ones if we can’t understand what may be stopping them from seeking help. While you might feel inclined to judge, you must not. Instead, you must emphasize—recovering from addiction is easier said than done. Many addicts face the following five obstacles.
A DUII charge in Oregon leads to several devastating consequences. Depending on the number of related convictions you have had in the past, penalties can range from license suspension to hefty fines and lengthy jail sentences. Find out about the potential consequences you could face if you were to be convicted of a DUII charge.
How Can Someone Get a DUII in Oregon?
In Oregon, it is illegal for motorists with a Class C permit to drive with a blood alcohol content (BAC) of .08% or more. For individuals with a commercial driver’s license, it is illegal to drive with a blood alcohol content of .04% or more. A person can be arrested for DUII when they are under the influence of alcohol, cannabis, controlled substances, and/or inhalants. According to the state’s DUII laws, a person who is “under the influence” is someone whose physical and mental abilities are impaired to a point where it is noticeable or perceptible.
Attempted DUII Convictions
In Oregon, it is possible for a motorist to commit an attempted DUII. A person with a BAC that is at or above .08% (or if they are under the influence of a controlled substance) can be convicted of an attempted DUII when they purposely take steps toward driving a vehicle.
It is also possible for a person to receive a DUII while operating a vehicle that is not a car, truck, or motorcycle. Oregon DUII laws define boats, bicycles, mopeds, scooters, and motorized wheelchairs as vehicles. Devices that are exclusively powered by humans—other than bicycles—are not bound by Oregon’s DUII laws.
DUII Penalties in Oregon
An individual who has a DUII charge can expect jailtime and expensive fines. They should also expect to have their license suspended. On top of everything, individuals charged with a DUIII will also have to use an Ignition Interlock Device (IID). These penalties get more and more severe depending on the offender’s prior convictions and how close together the previous charges occurred.
Consequences of a DUII Arrest
The first step in the DUII process is undergoing a lawful arrest. When a person is arrested for driving under the influence of alcohol or an illegal substance, they will typically face administrative penalties. These penalties are often regarding their driver’s license. Administrative consequences will stand even if the motorist isn’t convicted in a criminal court.
Consequences of a DUII Conviction
If a motorist is convicted of a DUII, criminal penalties will be added on top of any license-related consequences. These penalties intensify depending on the number of previous DUII offenses the person has.
1st DUII Offense
In addition to administrative penalties, the first-time DUII offender will face between 48 hours to one year in jail. A person may be mandated to complete 80 hours of community service instead. Fines range from $1,000 to $6,250. If the offender’s blood alcohol content is .15% or more, fines may start at $2,000. If the passenger is younger than 18 years of age and is at least 3 years younger than the driver, the offender may face fines as high as $10,000. First-time offenders will have their license suspended for one year and will require an Ignition Interlock Device in their vehicle for one year.
2nd DUII Offense
A person’s second DUII offense will cost them anywhere from $1,500 (or $2,000 if the motorist’s BAC is .15% or more) to $6,250. Fines can climb as high as $10,000 if the passenger is under 18 years of age and is at least 3 years younger than the driver. A second-time offender can face anywhere from 48 hours (or 80 hours of community service) to 1 year in jail. A person with a second DUII offense can expect their license to be suspended for 3 years, and they can also expect to have to use an IID in their vehicle for 2 years.
3rd DUII Offense
On a motorist’s third DUII offense, penalties will increase substantially. A third-time offender could face 90 days (if convicted of DUII at least twice in the past 10 years) to 5 years in jail. Fines begin at $2,000 if the driver is not facing imprisonment, and they can reach as high as $125,000 if the driver is convicted of a class C felony. A third-time offender’s license will be suspended permanently. However, after 10 years, the offender may petition the court to restore their license. IID use will be mandatory for 2 to 5 years—but this depends on the timing of prior convictions.
Penalties for Refusing a Chemical Test in Oregon
When a person is lawfully arrested for a DUII conviction, Oregon’s implied consent laws require all motorists to cooperate with a breath, blood, or urine test. If a driver refuses to take a chemical test, their license will be suspended for the following lengths of time:
- 1st offense: 1 year
- 2nd offense: 2 years
- 3rd offense: 3 years
The penalties for a second or third offense test refusal or failed test apply if within the past 5 years the motorist has:
- A DUII conviction
- Participated in a diversion or comparable alcohol/drug program
- A suspended license due to an implied consent violation
Further Consequences of Receiving a DUII in Oregon
In addition to jail time, expensive fees, mandated Ignition Interlock Devices, and a suspended license, a motorist can face several other penalties if they are convicted of driving under the influence of intoxicants. These penalties include the following:
- Completing a $150 screening assessment that determines the type of program the individual must complete
- Successfully completing a substance abuse treatment program
- Attending a mandated Victim Impact Panel (VIP); fees range from $5 to $50
- Potentially serving a probation period, which vary in type and length but typically don’t exceed 5 years
If you face a DUII conviction in Clackamas County, Oregon, you may find yourself tangled up in complicated DUII and implied consent laws. You may benefit from the advice of a skilled Clackamas County DUII lawyer who can help you navigate the process.