Gresham, Oregon DUII Attorney

Oregon DUII (DWI) Administrative Hearing

According to Oregon law, an individual has 10 days to request an Administrative Hearing from the Oregon DMV (Department of Motor Vehicles). Once the arresting officer retains your state issued license, you are issued a 30 day temporary driving permit. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your driver's license in Oregon is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is crucial that you submit your request to the Oregon Department of Motor Vehicles within 10 days. Contact an accomplished and knowledgeable DUII lawyer in Gresham, Oregon to help, but do not delay.

Being charged with DUII is a serious offense that can have major consequences, including fines, jail time, and loss of driving privileges. It is very important that anyone facing an Oregon DUII understand what challenges they will encounter. It is very important you seek the legal advice of an assertive and skilled DUII attorney immediately. Call today for a quick and easy consultation.

What happens if I was arrested for DUII (Driving Under the Influence) in Gresham?

Under Oregon law, once you have been cited for violating the DUII statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your license by the Oregon DMV (Department of Motor Vehicles). While both actions can result in the suspension of your driving privileges in Oregon, it is important to remember that there may be more penalties to consider and each action must be handled separately.

DUII Penalties for First Time Offenders

• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of Oregon driver's license for 1 year.
• Diversion - The Diversion program allows first time DUII offenders in Gresham, Oregon to avoid being convicted of DUII by participating in an alcohol and drug evaluation and an education and rehabilitation program. The offender's guilty or no contest plea will be set aside by the Oregon court and the case will be dismissed in 1 year ... if all of the terms of the diversion agreement are satisfied.
• Oregon Driving Privileges and DUII - In Gresham, Oregon, a first time DUII (DWI) conviction results in the revocation of driving privileges in Oregon for 1 year.
• Commercial Drivers - Commercial drivers are in violation of the DUII statute with a Breath Alcohol Content (BAC) level of 0.04. A first time DUII conviction will result in the loss of the CDL (commercial driver's license) for 1 (one) year, while any subsequent DUII (DWI) offenses will result in a lifetime loss of the commercial license.
• Monetary Fines - In Gresham, Oregon, fines for a first time DUII are a minimum of $1,000.00, plus costs and assessments.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of Oregon driver's license for 1 year.

Additional Gresham, Oregon DUII Costs

Beyond any fines and court costs you will have to pay, there are numerous other charges that can add up and cost you a lot of money. Some of the other costs for DUII might include:

• Towing - Having your vehicle towed in Gresham, Oregon can be expensive.
• Vehicle Storage - After your vehicle is towed, it has to be stored somewhere, which is another additional cost.
• Loss of Wages - When you begin to add in the money lost by missing work, the amount really begins to add up quickly.
• Auto Insurance - On top of everything else, once you do get your driver's license back, there is a good chance your monthly premium is going to be higher.

As you can see, there are quite a few "hidden costs" when it comes to getting a DUII in Gresham, Oregon.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Implied Consent

If you have a valid Oregon driver's license in your possession, the police officer will confiscate it and issue a 30-day temporary driving permit. After 30 days, the suspension is in effect and the temporary driving permit is no longer valid. If you receive a notice of intent to suspend from a police officer under Oregon's Implied Consent Law, you are entitled to a hearing. You must request the hearing in the manner, and within the timeframe allowed in the notice of intent to suspend. This is why an assertive and skilled attorney can guide you through this emotionally challenging process. Please contact a Oregon DUII criminal defense attorney for a quick and easy consultation.

Oregon's implied consent law means that by driving a motor vehicle you have implied you will consent to a breath, blood or urine test if a police officer requests you to take such a test. The police officer can request you to take a test if the officer has arrested you for DUII. Refusal to take a test is admissible as evidence in court. You will fail a test if your Breath Alcohol Content (BAC) level is 0.08 percent or more. If you are under 21, you will fail the test if you have any amount of alcohol in your blood. An implied consent suspension is separate from any suspension you may receive as a result of a DUII conviction.

DUII Subsequent Offenses

Penalties are increasingly more severe for any additional DUII violations. Due to the complexity of DUII laws in Oregon, you may not be aware of options and rights. This is why a capable and experienced criminal defense attorney can guide you through this emotionally challenging process. Please contact a Oregon DWI - DUII attorney for a consultation.