In Oregon, a person commits the offense of Driving Under the Influence of Intoxicants (DUII) when they drive a vehicle on a premise open to the public while either:
A person’s blood alcohol level must be proven by chemical analysis; that is, a breath or blood test. A person may be shown to be “under the influence” by evidence proving their physical or mental faculties are adversely affected to a noticeable or perceptible degree, regardless of blood alcohol content.
A charge of DUII can cause anxiety and confusion. As the old cliché goes, while we have not all been charged with one, most of us, at some point, have been eligible.
Portland criminal defense attorney Ross Denison has committed his career to defending the rights and goals of men and women facing criminal charges in Oregon. With Ross as your attorney, you will not stand alone and all possible defenses to your charges will be considered. If you have been charged with DUII, contact Ross anytime.
The typical DUII charge begins with a traffic stop, during which the stopping officer develops suspicion that the stopped party is under the influence. Commonly, the officer will ask the driver to perform field sobriety tests. These will most likely include a horizontal gaze nystagmus test where the officer’s checks to see if the driver’s eyes jerk involuntarily when drawing a stimulus across their gaze. Usually the driver will also have to do a walk-and-turn and a one-leg-stand test. Each of these tests is designed to divide the driver’s attention and ferret out clues of intoxication. Following the physical tests, police will decide whether to arrest the driver for DUII or send them on their way.
If a driver is arrested for DUII, the officer will typically ask the driver to submit to a breathalyzer test at a police station. That test, according to the state, will reveal the amount of alcohol in the person’s blood. Based upon the foregoing events, a decision will be made about whether to cite the driver with DUII.
If you are charged with an Oregon DUII, it is crucial that you contact an attorney quickly. In addition to the advantage of an immediate investigation by somebody advocating for you, there are several time sensitive rights that should be protected. For example, in most cases a criminal charge of DUII is accompanied by proposed administrative suspension of the driver’s license. This needs to be challenged within ten days of the arrest.
For many who are eligible, a diversion program may be an attractive option. For others, an all out defense against the charges is preferable. In either case, the law surrounding DUII stops, arrests and charges is complicated and technical, and an experienced attorney can advise you of your rights and options, and fight to protect you in court.
Beyond the stigma of a criminal charge, a DUII can expose an individual to a number of collateral consequences, ranging from annoying to onerous. A DUII conviction, and even a diversion, comes with significant fees, fines, and financial obligations. A person is exposed to the possibility of a court ordering them into drug or alcohol dependency treatment and requiring them to install a breathalyzer in vehicles they operate. DUII convictions also carry license suspensions. Through this process, it is important that you have an experienced and compassionate attorney not only to advocate for you in court, but guide you through the various and unexpected challenges along the way.
Based in Portland, Ross Denison represents clients throughout the tri-county area and surrounding Oregon communities, including Washington County, Multnomah County, Clackamas County, Hood River County, and Columbia County.
If you have been charged with DUII, contact Ross Denison Law today and, together, you and Ross will take the first steps to putting a DUII charge behind you.