Salem, Oregon DWI (driving while intoxicated) or DUII (Driving while Under the Influence of Intoxicants) Criminal Defense Lawyer

Oregon DWI / DUII Administrative Hearing

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. Once the arresting officer retains your state issued driver's license, you are issued a 30 day temporary driving permit. 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 a capable and knowledgeable DUII defense lawyer to help, but do not delay. Pursuant to Oregon law, an individual has 10 days to request an Administrative Hearing from the Oregon Department of Motor Vehicles.

If you have been arrested for DUII, it is a major offense that can have serious repercussions, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing a DUII (DWI) charge understand what challenges they will encounter. It is important you seek the legal advice of an accomplished and experienced DUII defense attorney immediately. Call today for a free, professional consultation.

What happens if I was arrested for DUII in Salem?

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 driver's license by the Oregon Department of Motor Vehicles. While both actions can result in the suspension of your Oregon driving privileges, 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

• Time in Jail - In Salem, Oregon, a first time DWI / DUII offender faces imprisonment of 48 hours in jail, or 80 hours of community service.
• Monetary Fines - In Salem, Oregon, fines for a first time DUII are a minimum of $1,000.00, plus costs and assessments.
• Oregon Driving Privileges and DUII - In Salem, Oregon, a first time DWI / DUII conviction results in the revocation of Oregon driving privileges for 1 year.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license for 1 year.
• Commercial Drivers - Commercial drivers are in violation of the DUII statute with a BAC (breath alcohol content) of 0.04. A first time DWI (driving while intoxicated) or DUII (Driving while Under the Influence of Intoxicants) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUII offenses will result in a lifetime loss of the commercial license.
• Diversion - The Diversion program allows first time DUII offenders in Salem, 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.

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 competent and experienced defense attorney can guide you through this emotionally challenging process. Please contact an Oregon DWI (driving while intoxicated) or DUII (Driving while Under the Influence of Intoxicants) defense attorney for a consultation.

Implied Consent

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 BAC (breath alcohol content) 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.

Other Oregon DUII Costs

Beyond any fines and court costs you will have to pay in Salem, Oregon, 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:

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

There are many "hidden costs" when it comes to getting a DUII in Salem, Oregon. This is why you should contact a competent and experienced DUII defense attorney for a consultation.

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.