Common Questions About DUII Charges in Oregon
Experienced DUI & Criminal Defense Lawyer in Tigard, OR
Q: What You Need to Do in the First 10 Days After a DUI Arrest in Oregon?
A: Request an Administrative Hearing with the DMV
If you have been arrested for a DUII, you are actually up against two individual bodies of government; The county where you were arrested, and the Oregon Driver and Motor Vehicle Services Division. The county handles the criminal charge of DUII and the DMV handles the suspension of your driver’s license. To fight the automatic suspension of your driver’s license, you must request an administrative hearing within 10 days of your DUI arrest. I can help you request this hearing, as well as make sure that your request is accepted as part of your defense. For more information, contact me for a free consultation today.
Q: Why is it Called DUII?
A: It stands for “Driving Under the Influence of Intoxicants
In all 50 states, it is illegal to operate a motor vehicle if you are impaired by drugs or alcohol. Even though these laws all say essentially the same thing, all 50 states have their own set of laws and use different terminology to describe drunk driving. Oregon uses a DUII Charge – which stands for “Driving Under the Influence of Intoxicants” so as to include medication, recreational drugs and any intoxicating substance. Other states refer to drunk driving as DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). For all practical purposes terms “DUII” and “DUI” are used interchangeably.
Q: What is “The Legal Limit?”
A: For Most Cases, .08%
If you were arrested for driving under the influence of alcohol, the amount of alcohol in someone’s system is measured by “Blood Alcohol Content” commonly known as “BAC”. If you are taking a breath test to measure your BAC, you will be arrested if the result is over .08%. If you are operating a commercial vehicle the limit is .04%. If you are under 21, you can be charged with a DUI even if you are under the limit, but your driving is affected.
Q: I Know I’m Guilty, Why Do I Need a Lawyer?
A: No, You Don’t Know You’re Guilty, and that’s EXACTLY Why You Need a Lawyer.
It may be true that you were drinking. You may have even had too much to drink and made a poor decision to drive a car. But all of that said, the only way that you can be found guilty of a DUII in Oregon is when the county can successfully prove the case against you. Your DUII defense usually is not about what actually happened on the night in question, it is about what the county can definitively prove in a court of law. Of course, if you yourself admit guilt that effectively relieves the county of their duty to prove you guilty. The decision to plead guilty should not be taken lightly, and in most cases should only be done after consulting a lawyer.
These are general questions that I have answered as best I can. This is NOT legal advice; each DUII case is different and the only way an attorney can effectively give you legal advice is to speak with you about the specific set of circumstances around your case. We welcome you to discuss your DUII charge during a free initial consultation by emailing us or calling (503) 343-4696.