Oregon DUII FAQ
Call (541) 238-9210 to Discuss Your Legal Options with Our Bend DUII Attorneys
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
Request a free consultation with Baxter Harder, LLC to discuss your legal options today.