DUI Law in Portland, OR
What Is a DUI?
DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.
Learn more about your DUI law defense options below, and then talk to a local attorney in Portland, Oregon who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.
Possible Consequences of a Portland, Oregon DUI Conviction
Where you live, the severity of the incident, and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a Portland law firm on your side to fight for you and your rights.
If convicted of driving under the influence of alcohol or drugs in Portland, Oregon, you can count on fines being a part of your sentencing. Under Oregon Law, the minimum fine for a first DUI is $1000. Subsequent DUIs have even higher minimums, and the maximum fine is $10,000.
However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
Jail time is mandatory, even for first-time offenders in Portland. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
A misdemeanor DUI conviction in Portland can result in a probation period of up to 5 years. Probation terms will typically include substance abuse treatment and attendance at victim impact panels. In addition, you can be barred from consuming any alcohol or even entering a bar. Violating the terms of your probation can result in stricter probation terms, or jail time. Depending on the type of probation ordered, you will either report to the court or to a probation officer. There are 4 Multnomah County Probation offices in Portland.
Drug and Alcohol Education Program
Following a Portland DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
The Oregon Health Authority requires anyone convicted of a DUI in Portland to complete a screening interview, and either attend alcohol education classes or undergo treatment. The education program requires 12 hours of sessions over the course of 4 weeks. In addition, you may be required to abstain from alcohol for the duration of the program, and submit urine samples for testing. There are numerous authorized providers in the Portland area who can offer these screening, education, and treatment services.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in Portland, Oregon?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With Portland, OR DUI Law
Immediately following your DUI arrest, you need to contact an experienced Portland DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your Local DUI Laws
Portland, Oregon has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
You or your attorney should request a hearing as soon as possible following your arrest. In Portland, Oregon you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.
If your driver’s license is suspended after a DUI arrest in Portland, you only have 10 days to request an administrative hearing with the Oregon Driver and Motor Vehicle Services Department. Your hearing will typically be held before an administrative law judge at one of the courthouses in downtown Portland.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your appearance and arraignment in Portland. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in Portland, Oregon
Should you ever find yourself charged with a DUI, you need to work with an experienced Portland, OR lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across Oregon state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!