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Oregon DUII FAQ

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At Baxter Harder, LLC, we understand how frustrating and emotionally overwhelming getting a DUII can be. Whether it is your first time or your fourth time being charged with a DUII in Oregon, our Bend DUII 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 DUII?

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 DUII 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 DUII?

A: The penalties for a DUII in Oregon depend on how many times you’ve been charged with or convicted of this criminal offense. For a misdemeanor DUII, 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 DUII based on their prior DUII convictions. For a more closely look at the penalties, check out our DUII Penalties page.

Q: What Happens If I Refuse to Take a DUII 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 DUII chemical test after being arrested for a DUII, 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 DUII for Being Under the Influence of Drugs?

A: An individual can still be charged with a DUII 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 DUII 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, DUII cases are complex. Look for a lawyer with actual experience in litigating DUII charges and successful results from similar cases.

Q: Is it harmful to not hire a DUII lawyer?

A: It can be very harmful to your DUII 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 DUII case.

Q: Will My License Be Suspended If I Get a DUII?

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 of others.

Request a free consultation with Baxter Harder, LLC to discuss your legal options today.

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