Portland, Oregon DUI Defense Lawyers
Aggressive advocacy for Oregon drivers charged with drunk or drugged driving
Driving under the influence of alcohol or other intoxicants is illegal in Portland, Oregon. Oregon has little tolerance for anyone who drinks and drives. Drivers should arrange alternate transportation if they feel the need to drink. Even first-time offenders may face imprisonment, a loss of their driving privileges, and other consequences. At Philbrook Law, our lawyers have been fighting for criminal defendants for 20 years. We work to suppress breath and blood tests. Your attorney can also explain if you might be eligible for a DUII diversion program. Depending on the circumstances, the police and prosecution may agree to reduce the DUII charge to a traffic offense. Call us today to assert your defenses.
How can we help?
- When can a driver be charged with driving under the influence in Portland?
- What are the penalties for drunk driving in Oregon?
- What can I do if my driver’s license is suspended?
- What is an interlock ignition device?
- How do your Portland DUI defense lawyers fight for defendants?
- What is the Oregon DUI diversion program?
- Do you have a Portland DUI defense lawyer near me?
When can a driver be charged with driving under the influence in Portland?
According to Oregon law, a driver can be charged with driving under the influence of intoxicants (DUII) if the driver:
- Has a Blood Alcohol Level (BAC) of .08 or higher
- “Is under the influence of intoxicating liquor, cannabis, psilocybin, a controlled substance or an inhalant”
- Is under the influence of a combination of intoxicants
Generally, DUII is a class A misdemeanor. DUI and DUII are used interchangeably.
The offense can be upgraded to a felony if the driver has three prior DUI/DUII offenses in the prior ten years – subject to certain conditions our Portland DUI lawyers can explain.
What are the penalties for drunk driving in Oregon?
The Oregon DUII statute provides the following penalties:
- A first offense. Up to 364 days in county jail. The minimum sentence is 48 hours or 80 hours of community service. The minimum fine is $1,000 or $2,000, depending on your BAC level. The maximum fine is $6,250. Your license will be suspended for up to one year – in addition to any other suspensions, such as a suspension for refusing to take a breath or blood test. You also could be required to install an ignition interlock device (IID). First-time offenders may be eligible for a DUI/DUII diversion program.
- A second conviction. The sentence can be up to five years, and the license suspension can be three years. The fines will be higher. The IID requirement will be up to two years.
- A third conviction. The minimum sentence is 90 days. Your license may be permanently revoked. You may need to use an IID for two to five years, depending on your prior record.
The penalties are more severe if your BAC is .15 or higher or if there was a passenger in the car who was under 18 and at least three years younger than the driver.
What can I do if my driver’s license is suspended?
Your license will be suspended if you are convicted of a DUI offense or if you refuse to provide a breath or blood test. Generally, drivers give their implied consent to be tested for intoxicants if they are stopped on suspicion of drunk driving.
You can contest these suspensions if you file a request for a hearing within ten days from the date the police officer stopped you. The defenses our Portland criminal defense lawyers may include that the officer didn’t have proper grounds to stop you, the officer failed to follow proper procedures or other legal/factual defenses.
What is an interlock ignition device?
Generally, drivers who are convicted of a DUI in Portland must install an ignition interlock device (IID) on their vehicles. The IID tests your BAC before you start your car and while you drive. If you fail the test, your car won’t start, or it will force you off the road if you have started.
In Oregon, drivers may be able to apply for a hardship permit that allows them to drive during a license suspension if they install an IID, successfully use the IID, and meet other criteria. The hardship permit can be used for necessary travel, such as going to and from work.
How do your Portland DUI defense lawyers fight for defendants?
At Philbrook Law, we assert every legal and factual defense available if you are arrested for driving under the influence of intoxicants, including:
- The police had no right to stop you. Police officers need to have reasonable grounds to believe you were driving while intoxicated before they can pull you over.
- The police failed to properly administer the following tests:
- Field sobriety tests
- Breath tests
- Blood tests
- The police failed to explain the consequences of failing to comply with the standard alcohol tests.
- You had a valid reason for refusing to be tested.
- You can explain the presence of alcohol in the test
- You weren’t driving the vehicle
- Your constitutional rights, including your right to protection from illegal searches (such as taking blood) and seizures and illegally obtaining statements, were violated
- The prosecution cannot prove its case beyond a reasonable doubt
What is the Oregon DUI diversion program?
According to the Oregon State Bar Association, Oregon offers a diversion program for first-time DUI offenders. The requirements of this program are that:
- You agree to a substance abuse evaluation – and to comply with any necessary treatments
- Agree not to contest your case
- Pay the court fines
- Refrain from consuming alcohol for the length of the program – generally one year
- Used an IID device while in the program
If you complete the diversion program, the charges against you are dropped. If you violate the terms of the program, your guilty plea (or “no contest) plea will become official.
Do you have a Portland DUI defense lawyer near me?
Philbrook Law meets DUI defendants at our Portland, Oregon office located at 107 SE Oregon St., Suite 520. If you or the person you care for is still in prison, we make arrangements to see DUI defendants where they’re detained. We also discuss cases by phone and through online conversations.
We understand how frightened you are. We’ve helped many defendants obtain dismissals, acquittals, and plea bargains.
Speak with Philbrook Law today if you were arrested for a DUI in Portland
A driving while under the influence of intoxicants conviction means you could face imprisonment, fines, the loss of your right to drive, and the need to use an IID when you do drive. It’s also likely that your insurance rates skyrocket. At Philbrook Law, we’ve helped many drivers obtain dismissals, acquittals, or plea reductions of criminal charges. Our Portland DUI lawyers are skilled at contesting the validity of field sobriety, breath, and blood tests. To schedule a free consultation, please call us or fill out our contact form. We represent clients throughout the Portland, Oregon region and in Washington state.