- Find An Experienced DUII Lawyer – DUII law has become incredibly specialized in Oregon. An attorney needs to know both the law and the science behind what drives convictions, such as breathalyzer results and field sobriety tests. It is no longer enough to get your lawyer buddy who does immigration or IP law to help you resolve your DUII arrest.
- Request a DMV Hearing – When arrested for DUII, there is the criminal process and the DMV administrative process. The DMV process focuses only on the suspension of your license for either failure of the breathalyzer test or refusal to take the test, among other grounds. In Oregon you only have 10 days to request a hearing. You cannot afford to wait until near your arraignment to get a lawyer or deal with the consequences of your drunk driving arrest.
- Read the Police Report – It seems obvious, but often people assume that just because they blew over a .08, a drunk driving conviction is inevitable. Truth is there are various reasons why a high BAC reading is misleading, including an improper stop by the officer, improper testing procedures, or even something as simple as no proof that you were actually driving the car (i.e. no witness or admission). Therefore, you or better yet your attorney should thoroughly review the police report and any other evidence before determining how to proceed.
- Don’t Assume You Are Diversion Eligible – Diversion is a program available in Oregon for qualified persons, including first-time drunk driving offenders, that allows those who successfully complete the program to have their case dismissed. But just because you have never been arrested for drunk driving or because the last time you were arrest was over 10 years ago does not mean you automatically qualify. For example, if you have a commercial driver’s license (CDL), you are barred from entering the program.
- Be Aware of the Far Reaching Effects of a Drunk Driving Conviction – A DUII conviction in Oregon can affect you in ways beyond just possible jail, especially in your professional life. If you have a CDL, a conviction will result in an automatic one-year suspension of the CDL and you cannot request a hardship CDL at any point during that year. Another example is someone with an OLCC license to serve alcohol or run a bar. A conviction might result in severe restrictions on that OLCC license even after your probation has ended. Not to mention the effect on the cost of your car insurance that a DUII conviction can have.
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