Oregon DUI FAQ
Call (541) 238-9210 to Discuss Your Legal Options with Our Bend DUI Attorneys
Baxter Harder, LLC, we understand how frustrating and emotionally overwhelming getting a
DUI can be. Whether it is your first time or your fourth time being charged
with a DUI in Oregon, our Bend DUI lawyers can thoroughly evaluate your
case and determine all of your legal options in order to help you obtain
the most favorable results possible. Our goal is to either get your entire
case dismissed or your charges reduced significantly.
The following are several of the most frequently asked questions we have
received from our clients. While the questions and answers in the DUI
FAQ are meant to be informative, there is absolutely no substitute for
hiring an experienced
criminal defense attorney.
Q: What is the Difference Between DUI, DUII & DWI?
A: 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.
Q: What is the First Thing I Should Do If I am Arrested for or Charged
with an Oregon DUI?
A: Since there are serious decisions which need to be made early on in the
case, one of the most important steps to take is to immediately reach
out to a lawyer familiar with DUI cases. For example, you only have a
limited amount of time after your arrest/citation to prevent your driver’s
license from being suspended. You must avoid talking about the facts of
the case with law enforcement officials until you’ve had an opportunity
to speak your attorney.
Q: What are the Penalties for an Oregon DUI?
A: The penalties for a DUI in Oregon depend on how many times you’ve
been charged with or convicted of this criminal offense. For a misdemeanor
DUI, it is punishable by a maximum jail sentence is one year and fines
of up to $6,250. An individual can be charged with a felony DUI based
on their prior DUI convictions. For a more closely look at the penalties,
check out our DUI Penalties page.
Q: What Happens If I Refuse to Take a DUI Blood or Breath Test?
A: Oregon has an “implied consent law,” meaning that if you drive
a vehicle on public property, you have given your consent to have a test
taken of your blood or breath. So if you refuse a DUI chemical test after
being arrested for a DUI, you will face a mandatory loss of your driver’s
license for one year. Fortunately, you are entitled to an administrative
hearing or DMV hearing in order to regain your driving privileges.
Q: Can I Receive a DUI for Being Under the Influence of Drugs?
A: An individual can still be charged with a DUI in Oregon if the person
is impaired by illegal drugs, prescribed drugs, and over-the-counter drugs.
Controlled substances can severely impair a person’s ability to
operate the vehicle, similarly to alcohol.
Q: What Should I Look for When Choosing a DUI Lawyer?
A: It is imperative that your feel comfortable speaking with an attorney,
that the attorney is interested in your case, and that the attorney respects
the trust you have given him or her as your law counsel. Keep in mind,
DUI cases are complex. Look for a lawyer with actual experience in litigating
DUI charges and successful results from similar cases.
Q: Is it harmful to not hire a DUI lawyer?
A: It can be very harmful to your DUI case outcome if you do not hire a lawyer.
While hiring a professional is not 100% necessary or required, it may
be in your best interest as they will be able to provide the knowledge,
stability, consistency, strategy, and many other qualities that are required
to win a DUI case.
Q: Will My License Be Suspended If I Get a DUI?
A: If you refuse to take a chemical test OR fail the chemical test that you
take, your license may very well be suspended as the DMV sees fit.
Q: How Can I Tell That My Blood Alcohol Content (BAC) is Low Enough to Drive?
A: Although alcohol enters and exits each individual’s body at different
rates, there are a few ways to ensure your BAC is not over the legal driving
limit. It is important to know the BAC of what you are drinking, stay
hydrated with water, eat absorbent foods (breads, pastas, etc.), as well
as know when to stop drinking if you have intentions to drive. It is better
to be safe than sorry when it comes to BAC for your safety and the safety
Request a free consultation with Baxter Harder, LLC to discuss your legal options today.