Bend DUII Attorney

Driving Under the Influence of Intoxicants Charges in Oregon

In the state of Oregon, impaired driving will be charged as DUII (driving under the influence of intoxicants). Oregon DUIIs prohibit driving with a BAC of 0.08% or more or driving under the influence of any alcohol, cannabis, a controlled substance, or an inhalant.

A .08% BAC is not required for a DUII conviction. The officer(s) who pulls you over has the right to charge you with a DUI or DUII if they believe you are unfit to be driving—regardless of your BAC.

For example, if you had a drink with dinner, your BAC is .04%, and the officer who pulls you over believes you were swerving due to intoxication, that officer has the right to arrest you and charge you with a DUI or DUII.

This is one of the most common charges that you can face, but when you do find yourself accused of driving under the influence in Oregon, it's important that you act fast to secure focused and supportive legal representation from the Bend, OR DUI defense lawyers at Baxter Law, LLC.

What's the Difference Between DWI, DUI, & DUII in Oregon?

Nothing at all. Other states or jurisdictions use different terms which mean the same thing. In Oregon, for instance, an arrest of this nature is technically called “Driving Under the Influence of Intoxicants.”

You will also notice that DUI and DUII are used interchangeably. In other states, such as Texas, they use the term Driving While Intoxicated or DWI, which ultimately means the same thing as a DUI or DUII in Bend, OR.

What Does Driving Under the Influence of Intoxicants Mean in Oregon?

Driving with a blood alcohol content (BAC) of .08% or more (within two hours of driving), or while under the influence of alcohol, cannabis, a controlled substance, psilocybin, and/or an inhalant.

Penalties for DUII in Oregon

The state of Oregon imposes a mandatory minimum sentence for convictions. However, as the number of offenses increases, the penalties also increase.

First Conviction in OR

• $1,000 fine with an additional $255 conviction fee
• Community service for at least 80, but not exceeding 250 hours
• Jail time of two days to one year
• 90-day administrative license suspension
• 1-year license suspension
• Possible Diversion Program Eligibility

Central Oregon DUI defense attorneys emphasize the need to address a DUII charge quickly, as the consequences can extend beyond legal penalties. The implications on personal and professional life, such as driving restrictions impacting employment, are significant. Understanding the steps to contest charges, including seeking legal advice promptly from a DUI attorney in Central Oregon, helps mitigate potential impacts.

Effects of IID Device on Your Driving Privileges

Your first conviction offense requires an ignition interlock device (IID) to be installed in your vehicle. This device must remain installed in your vehicle for a full year following your license suspension. Similarly, you are responsible for all costs related to the installation and maintenance of the IID.

The IID is a preventative measure intended to deter and monitor repeat offenses. Complying with IID installation is not only a legal obligation but also a proactive step towards regaining safe driving privileges. This device records alcohol levels every time the vehicle starts, ensuring increased accountability.

Potential Fine Increases for Severe Offenses

If your BAC was .15% or above, the fine increases to a minimum of $2,000. The maximum fine is $6,250. If you had a passenger in the vehicle younger than 18 years old and you were at least three years older than them at the time, your maximum fine increases to $10,000.

These increased fines reflect the heightened risks associated with higher levels of intoxication and the presence of minors. The legal system views these circumstances seriously, as they suggest a disregard for public safety. Engaging with knowledgeable DUI defense lawyers in Central Oregon can help in navigating these complexities, potentially exploring alternatives or mitigating fines within the legal framework.

Substance Abuse Treatment Program Requirements

In order to determine an adequate substance abuse treatment program, everyone convicted of a DUII in Bend, Oregon must submit to a screening interview. The screener will recommend a program for you to complete and you must pay for it yourself.

Treatment program costs can vary and the screening fee is $150. You may also be ordered by the court to attend a “victim impact” treatment session that costs anywhere from $5 to $50.

Participation in these programs is part of a broader strategy to address underlying issues related to substance use and prevent recurrences. It is also a demonstration of accountability and willingness to engage with rehabilitative measures, which can potentially influence outcomes favorably in court. Seeking legal advice on the most beneficial courses of action is recommended.

Second Conviction in OR

• Up to 1 year in jail
• IID installation
• Between $2,000-$10,000 in fines
• License suspension of 3 years

Third Conviction in OR

• As much as 5 years in prison
• Between $2,000-$10,000 in fines
• Potentially permanent loss of your license

Chemical Test Refusal Penalties in Oregon

Refusing to take a chemical test may result in the following penalties:

• $1,000 fines
• A license suspension of 3 years for a third offense

Refusal of the chemical test is an offense against Oregon’s implied consent laws and will trigger a license suspension for one year.

Understanding the full ramifications of refusing a chemical test is essential. Beyond immediate penalties, refusal can complicate legal proceedings and be construed as obstructive behavior. Legal counsel from a DUI attorney in Bend can advise on potential defenses and implications, helping you decide on the most prudent course of action should you find yourself in this situation.

Find out more about the DUII penalties you may face from our Bend criminal defense lawyers.

Additional Oregon DUII Penalties

These are serious charges that you can face and the punishment doesn’t always fit the crime. Under Ballot Measure 73, there are also mandatory minimum sentences in some cases of repeat DUI or DUII.

There are available options to protect you. One of these is the Diversion Program and through this option, it may be possible to have your crime dismissed at the end of the year.

While a DUII is a charge that many people find themselves dealing with, the penalties you may suffer can still be severe. If someone was killed while you were allegedly under the influence, you can also face increasingly high penalties for manslaughter charges.

The legal landscape regarding DUI and DUII offenses is complex and constantly evolving. With societal pressures to address impaired driving effectively, legislation can change, potentially impacting available defenses and options. Staying informed about legal updates and consulting with DUI attorneys in Bend allows individuals to navigate these challenges with a clearer understanding and better preparation.

Central Oregon's Roadway Challenges and DUI Incidents

In Central Oregon, the diverse landscape and climate can present unique driving challenges that may contribute to the frequency of DUI incidents. The region's varied terrain, including mountainous areas and rural roads, often requires drivers to be exceptionally cautious. During winter months, icy roads increase the risk of accidents, thereby heightening the strict enforcement of DUI laws to ensure road safety.

Drivers should be acutely aware of local conditions and the implications of impaired driving. Areas with high tourist activity, such as Bend, experience increased traffic from visitors unfamiliar with the region's driving conditions. This influx not only raises the potential for accidents but also sees heightened law enforcement presence focusing on DUI patrols. Community awareness programs and local initiatives continue to emphasize responsible driving practices to mitigate these issues.

Understanding Central Oregon's Legal Landscape

Central Oregon's commitment to minimizing DUI occurrences is reflected in the rigorous legal processes standing in place for offenders. Local courts, including those in Deschutes County, apply stringent evaluations of DUI cases, focusing on ensuring justice while promoting highway safety. This rigorous pursuit reinforces the need for effective legal counsel when confronting such charges, as understanding local legal nuances is vital in building a robust defense.

Moreover, organizations like the Deschutes County Victim Impact Panel actively participate in highlighting the consequences of impaired driving, providing valuable insights into community repercussions. Attorneys familiar with the local systems are particularly well-equipped to navigate these processes, offering tailored advice that factors in regional trends and judicial expectations. Collaborating with legal professionals knowledgeable in these unique regional characteristics can significantly influence the outcome of DUI proceedings.

Understanding the Importance of Hiring a DUI Attorney

When facing DUII charges in Oregon, it is crucial to seek legal representation from an experienced DUI attorney. A skilled lawyer can provide valuable guidance and support throughout the legal process, working to protect your rights and achieve the best possible outcome for your case.

Benefits of hiring a DUI attorney include:

• Expertise in DUI laws and regulations
• Negotiation with prosecutors for reduced charges or penalties
• Knowledge of potential defenses and strategies for your case
• Support and advocacy during court proceedings
• Potential for reduced fines, license suspension, or jail time

At Baxter Law, LLC, our Bend DUI lawyers have over 60 years of combined experience in DUI defense and a proven track record of successful outcomes for our clients. We are dedicated to providing personalized and aggressive representation to protect your rights and future. Contact us today to start building your defense.

Choosing the right DUI attorney can make a profound difference in the direction of your legal journey. With customized strategies and a thorough understanding of the local judicial environment, an attorney can offer insights that are both practical and informed. This partnership ensures that you do not navigate the complexities of DUII charges alone, fostering greater confidence and clarity as your case progresses.

What Are My Rights After Being Pulled Over?

Immediately upon pulling over, you are obligated to furnish the police officer with your license, registration, and proof of insurance.

Once you’ve complied with the officer’s request for documentation, you have the right to:

• Decline a field sobriety test
• Decline a breath test
• Decline your car to be searched
• Decline to answer questions
• Have your lawyer with you
• Stay quiet

It is important to keep in mind that while within your rights, your license will automatically be suspended for one year if you refuse to take a breath test.

If you decide to exert any of your rights, be sure to:

• Remain courteous
• Solid with your stance
• And keep to yourself as much as possible

It is not uncommon for police officers to do what they can to intimidate you into providing evidence that could hurt your case. It is wise to keep yourself composed with the officer and make it well-known that you wish to speak to your lawyer before answering any of the officer’s questions. Stay strong, but also stay respectful.

If you are held under arrest and taken to the police station to be booked, you have the right to a private phone call with your Bend DUI attorney. Depending on the circumstance, you may even be able to make the phone call on your personal cell phone.

Moreover, knowing your rights empowers you and can serve as the first line of defense against misinterpretations or procedural errors during the arrest. Proper legal guidance ensures those rights are upheld, providing you with a fair chance to address any allegations with full knowledge of your legal standing.

Other Tips for DUI or DUII Charges

• Ticket amount: If your ticket amount says $6,250, don’t be alarmed. This is a common figure for offenses that require court appearances and will most likely be reduced in court.
• Blood alcohol concentration (BAC) regarding diversion: There is no BAC too high to enter into Oregon’s DUII diversion program.
• Canadian entry: If you are convicted, you will be unable to travel to Canada. However, you do have the option to pre-apply for entry by completing the required forms and enduring a background check, which can take up to 6 weeks.

How Can a DUI Attorney in Bend, OR Help Me?

Without a DUI attorney to help you, you may be risking your future and your reputation. A DUI attorney has the skills and experience required to effectively fight for a favorable settlement on your behalf.

A DUI attorney can help you by:

• Ensuring that you have the legal advice that you need to thoroughly protect your rights and your future
• Representing you in court and fiercely fighting for a favorable settlement on your behalf
• Thoroughly examining the evidence used against you and ensuring that is legitimate
• Gathering evidence to use to support your case
• Supporting you through every step of the process and ensuring that you have clarity on your case
• Answering all of your questions and ensuring that you are fully aware of all of your legal options

Did you or someone that you care about recently get charged with a DUI or DUII? Our DUI attorneys in Bend, Oregon are here to fight for you. Contact our lawyers in Bend to schedule a free consultation.

Choosing legal assistance not only addresses immediate concerns but also provides peace of mind by ensuring that every aspect of your case is meticulously examined. Understanding how intricate legal processes work can better prepare you for what to expect, reducing uncertainty and anxiety associated with DUII charges.

Put 60+ Years of Combined DUI Experience on Your Side

As legal professionals, our goal is to protect your rights and avoid letting charges turn into a conviction. We seek the best possible outcome in every case we handle and we have the legal knowledge to assist you in minor charges up to felony charges.

Why Choose the Bend DUI Lawyers at Baxter Law, LLC?

• Experienced counsel from a Former Prosecutor who can use this unique insight to create an aggressive defense strategy.
• Attorney Casey Baxter has been recognized as a top attorney in his field, including the Top 40 Under 40 award by National Trial Lawyers.
• Every strategy is created with your rights, interests, and future in mind. We fight to protect you, it's that simple.
• You can get started today with a completely free and confidential case consultation.

Suggested Reading:

• Can You Challenge DUII Evaluation Results?
• Would Being Convicted of DUII Affect My Child Custody?
• How to Respond to a DUII in Court
• I Got a DUII: What Now?