No matter where in the country you’re located, drunk driving is a serious offense. It’s important to understand how the law might impact you or someone you know.
In Oregon, DUII laws are sometimes a bit difficult to understand. That’s why we’ve put together this FAQ guide to ensure you know your rights and can protect yourself with help from a DUII attorney, should the need ever arise.
What is the difference between a DUI, a DWI, an OUI, and OWI, and a DUII-CS?
These abbreviations do mean slightly different things, but they all indicate the same concept: operating a motor vehicle while under the influence of some kind of intoxicant. In Oregon, the term “DUII” is used to mean “Driving Under the Influence of Intoxicants.” Terms like DUI and DWI are not used here, but they do refer to the same sort of crime in other states. Some states use terms like OUI (“Operating Under the Influence”) or OWI (“Operating While Impaired”), but Oregon does not utilize these terms. DUII-CS is used here in Oregon to mean “Driving Under the Influence of Intoxicants: Controlled Substances,” respectively. The last term means that a driver has been accused of drugged driving rather than drunk driving.
What is the legal threshold for a DUII in Oregon?
The state prohibits any driver from operating a vehicle if they have a BAC of .08% or above. That means that if your blood alcohol concentration is .08 or above, you are presumed to be legally intoxicated. However, you can actually face a DUII charge even if your BAC is lower than .08 if the arresting officer believes you are “adversely affected to a noticeable and perceptible degree” by intoxicants. To put it plainly, that means that if an officer thinks you’re impaired you can still be arrested and prosecuted for a DUII. That’s why it’s so important to stay sober on the roads and to contact a DUII law firm right away even if you know you were below the legal threshold, yet you were still arrested.
What are the penalties for a DUII conviction?
As any Oregon DUII attorney will tell you, the penalties for this crime vary quite a lot depending on your history and the circumstances of the crime itself. Even a first-time offender may face harsh penalties, like Oregon’s mandatory one-year driver’s license suspension or the installation of an Ignition Interlock Device. Other possible penalties for DUII charges include steep fines, jail time, house arrest, electronic monitoring, probation, court-ordered treatment programs, regular drug and alcohol testing, and more. There are many factors that play a role in the penalties an individual might face, but no matter what, they can have a huge impact on one’s future. Therefore, having an experienced DUII attorney on your side is an absolute must.
What should I do if I’m arrested for a DUII?
If you are arrested on suspicion of DUII, you should contact an attorney who practices DUII law right away. If you wait too long to do so, you may miss important deadlines or be unable to gather important evidence to support your case. You should also avoid talking about your case with anyone else before discussing it with your attorney. With complex and serious legal matters like these, you should follow your lawyer’s advice, rather than that of your well-meaning friends and family members.
If you or someone you know needs legal assistance following a DUII arrest in Oregon, contact Jared Justice today.