DUI FAQs

What are the important things to do after being arrested for DUI?

• Look at your citations or release paperwork for your first court date (arraignment) and mark it on your calendar.
• Understand that there is a process to contest your license suspension, and there is a 10-day window to request a hearing.
• Consult with an experienced DUI specialist. A law firm that specializes in DUI will make sure that you have the information and support you need to avoid the worst consequences and will make your process less stressful.
• Take care of yourself. Being arrested is a traumatic experience. Do not left feelings of shame keep you from seeking the help you need.
• Understand that one bad moment does not undo a lifetime of being a good person. You’ll get through this.

After a DUI arrest in Oregon, start by reviewing your citations or release paperwork to find your first court date (called an arraignment) and mark it on your calendar. If you failed or refused a breath or blood test after your arrest, be aware that you have only 10 days to request a hearing to contest the related license suspension. This is one of the reasons that it is important to consult with an experienced DUI attorney sooner than later — a law firm that specializes in DUI cases can provide the focused guidance, information, and support you need to reduce the risk of serious consequences and make the process less stressful. It is also important to understand the human side of a DUI arrest. This is a time when it is important to take care of yourself. An arrest is a traumatic event for anyone, and it is common for feelings of shame and embarrassment to keep good people from seeking help. Remember, one bad moment does not erase a lifetime of being a good person. With the right help, you’ll get through this challenge, ending up in a better place.

For more information go here.

Is it legal to drive after being arrested for DUI?

• If you had a valid Oregon license and failed or refused a breath or blood test, you should have received a 30-day permit which allows you to drive.
• If you have a valid out-of-state license and you failed or refused a breath or blood test, you should be ok to drive in Oregon for 30 days.
• If you did not fail or refuse a breath or blood test, you may still be charged with a DUI but there usually isn’t an immediate suspension.
• Contact a DUI-specialist law firm ASAP to see about contesting any license suspension by requesting a DMV hearing.

If you had a valid Oregon driver’s license taken from you after failing or refusing a breath or blood test, you should have been issued a 30-day permit which serves as your temporary license. If instead you hold a valid out-of-state license, you can generally still drive in Oregon for 30 days until the proposed suspension begins. For those that did not fail or refuse a test: you may still end up being charged with DUI, but there would be typically be no immediate suspension. In any case, contact a well-respected Oregon DUI law firm as soon as possible. They can answer your questions and discuss the DMV hearing (aka Implied Consent) process and help you request a DMV hearing within the required time frame.

Go here for more information about DMV hearings or Implied Consent hearings.

Can I handle my DUI case without an attorney?

• DUI is a serious criminal allegation, with long-term consequences for you and your loved ones.
• The courts are not designed to be user-friendly for criminal cases, and mistakes can lead to serious problems.
• Most courts strongly discourage self-representation.
• If you cannot afford a private attorney, you can apply for a court-appointed attorney at arraignment.

You have the constitutional right to represent yourself. However, most Oregon courts go out of their way to prevent you from doing so — and for good reason. The court system is not designed to be easy for non-lawyers to navigate, and even small mistakes can create serious problems.  A DUI is a serious criminal charge with the potential for consequences that can affect you and your loved ones for years to come, complicating things like employment, travel, housing, and finances. If you absolutely cannot afford to hire the attorney of your choice, you can apply for a court-appointed attorney at your arraignment. Either way. we encourage you to take advantage of a free consultation in order to prepare yourself and explore your options.

What’s the best way to choose an Oregon DUI lawyer?

• Look for a law firm that specializes in DUI defense. A firm that handles DUI defense every day is going to give you the best shot at success.
• Customer service tells you a lot about a law firm’s values. Do they treat you like a number or a human being?
• Look for a law firm that has long-standing experience in the court your case is in. Your process will go smoother.
• Legal representation is an investment. Like anything, the cheapest option is rarely the best choice.

When choosing an attorney for your Oregon DUI case, look for a law firm that specializes in DUI defense. An attorney that handles these cases every day will give you the most informed advice and best chance at success. When you call, make sure to pay attention to their customer service — how you are treated can speak volumes about the firm’s values. Do they see you as an individual with unique circumstances or just another case number to close as quickly as possible? It’s also valuable to find a legal team with extensive experience in the specific court where your case will be heard, as this local familiarity can make the process smoother and more predictable. Remember, legal representation is an investment in your future, and as with most things, the cheapest option is rarely the best choice. Go with the firm that is going to help you find success both inside and outside of the courtroom.

For more perspective on the subject go here.

How are a crime and a violation different?

• A violation is like a traffic ticket, generally punishable by a fine.
• A crime is more serious in nature and has the potential for jail time and other sanctions.
• Crimes are split into misdemeanors and felonies. Felonies include more serious crimes.
• Driving under the influence of intoxicants (DUII) is a crime in Oregon.
• In Oregon, a DUI can be charged as either a misdemeanor or a felony, depending on the situation and criminal history involved.

If you’ve ever had a traffic ticket for speeding or running a stop sign, those are considered violations and are usually punishable by a fine. A crime, on the other hand, is considered a more serious offense and carries the possibility of jail time, substantial fines, probation, and other penalties. Crimes are classified as either misdemeanors or felonies, with felonies representing the more serious allegations. Driving under the influence of intoxicants (DUII) is always considered a criminal offense in Oregon. Depending on the circumstances of the case and your prior criminal history, a DUI can be charged as either a misdemeanor or a felony. Many DUI cases involve violations or related criminal charges, depending on the circumstances involved.

Look here for information about violation tickets that came along with your DUI.

What are the different license suspensions related to a DUI?

• There are two entities that can suspend your license after a DUI in Oregon: the DMV and the court. For the DMV:
  • The DMV suspension for failing a breath or blood test typically starts 30 days after arrest and lasts at least 90 days.
  • DMV suspensions for refusing a breath or blood test last at least one year.
  • DMV suspensions last longer for CDL drivers, and for those with other recent DUI arrests.
  • You may be eligible for a hardship permit which allows for limited driving during part of the suspension.
• Court-ordered suspensions come later in the process as part of sentence of a DUI conviction.
  • Suspension for a first-time misdemeanor DUI conviction is one year in Oregon.
  • Suspensions for subsequent convictions can be 3 years or longer, or even lifetime license revocation.
  • For some court-ordered suspensions you may be eligible for a hardship permit.

In Oregon, both the DMV and the court can separately suspend your license after a DUI. A DMV suspension for failing a breath or blood test typically begins 30 days after arrest and lasts at least 90 days, while refusing a test will result in a suspension of at least one year. Suspensions can be longer for CDL drivers or for those with recent DUI arrests. In some cases, you may qualify for a hardship permit that allows limited driving during your suspension. Be aware that there is a “blackout period” of at least 30 days before a hardship permit is available.

Court-ordered suspensions occur later in the process, as part of sentencing if you are convicted of DUI after a plea or trial. For a first-time misdemeanor DUI, the suspension is one year. For subsequent convictions, suspension can last three years or longer, and in some cases, it results in lifetime license revocation. Certain court-ordered suspensions allow for a hardship permit without a waiting period.

Go here for more information on contesting DMV suspensions.

What happens if I refuse field sobriety tests (FST’s)?

• The police officer will read you a prepared statement about the tests and ask you again.
• If you refuse the field tests, that means the officer will decide whether or not to arrest you based on their observations to that point.
• There is no direct legal consequence for refusing field tests, but they can use it in arguments against you if your case goes to trial.

If you refuse field sobriety tests, the investigating officer will read you a prepared statement about the tests and give you another chance to agree. If you still refuse, the officer has to decide whether to arrest you based on their observations up to that point. While there is no direct legal penalty for refusing field tests, prosecutors can use your refusal as part of their argument against you if your case goes to trial.

What happens if I refuse a breath, blood, or urine test after a DUI arrest?

• Refusing a test after arrest triggers a longer license suspension than failing one.
• They will usually ask a judge for a warrant to draw your blood for testing.

In Oregon, refusing a breath or blood test after a DUI arrest results in a longer license suspension than failing one. In most cases, the police will then request a warrant from a judge to have your blood drawn for testing.

Read this for more information on breathalyzer machines.

How do I contest the DMV suspension after an Oregon DUI arrest?

• You or your attorney must request a hearing within 10 days of the arrest.
• The DMV hearing should be held and decided within the first 30 days after your arrest.
• If you win the hearing, there is no suspension for failing or refusing a test.
• This DMV hearing process is independent of the criminal court process.

If you’ve failed or refused to take a breath or blood test after a DUI arrest, the Oregon DMV will move to suspend your driving privileges. To challenge that “implied consent” license suspension, you or your attorney must request a DMV hearing within 10 days of the arrest. Once requested, the hearing is scheduled so that it can be held and decided within the first 30 days after the arrest. The administrative judge will make a decision after the hearing, and you will be notified by mail. If they rule in your favor, your license will not be suspended for the test failure or refusal. It is important to note that his DMV process is completely separate from the criminal court proceedings, so you could still face a separate suspension if you end up convicted of DUI.

Can I just plead guilty at my DUI arraignment?

• The system is not set up for this to happen even if it was a good idea.
• A DUI is a serious criminal allegation, and there is rarely any advantage to rushing the process.
• You and your legal team usually can’t review discovery (the evidence) until after arraignment.
• Your attorney has not had a chance to negotiate the best resolution with the prosecutor.

Even if you feel certain you made a mistake and deserve a DUI conviction, Oregon’s legal system is not designed for you to plead guilty to a criminal charge at arraignment — and it’s rarely a good idea to rush the process. A DUI is a serious criminal charge, and you and your attorney generally won’t have access to the discovery (the evidence including reports, video, and test reports) until after the arraignment. Your lawyer also won’t have had the opportunity to negotiate with the prosecutor for the best possible resolution. Willingness to take responsibility can be an empowering thing, but you do not need to let this mistake define you for the rest of your life.

Can I just pay the DUI fine and be done?

• No. The amount listed on your citation is not like a traffic violation ticket where you can simply pay the fine.
• In Oregon, a DUI is a serious criminal allegation, and you must go through the court process.
• It is important to show up at the date and time listed on your citation.
• If you end up being convicted of DUI in your court case, a fine will be set at that time and the amount on the ticket is ignored.

No, this is not how a criminal allegation works in Oregon. The amount listed on your DUI citation is not like a traffic ticket that you can pay and move on with your life. In Oregon, a DUII is a criminal matter with long-lasting consequences that must go through the court process. You do not want to start this process with a warrant for your arrest, so it is vital that you appear at the date and time listed on your citation. From there, your DUI lawyer will guide you through the system, attempting to secure you the most favorable outcome possible. If you are ultimately convicted of DUI, the court will set the fine at that time, and the amount printed on the citation will be disregarded.

What can happen in an Oregon DUI case?

• If you fit certain criteria, you can resolve your DUI through Oregon’s DUI diversion program.
• If you are not eligible for diversion, your lawyer can negotiate a plea agreement with the prosecutor.
• You can contest the allegation at trial.

Depending on your circumstances, there are several ways to resolve a DUI charge in Oregon. If you meet certain eligibility criteria, you may be able to enter the DUI diversion program. If diversion isn’t an option or not a good choice for your case, your attorney can either negotiate an acceptable plea agreement with the prosecutor or you can contest the charge at trial.

How long will I spend in jail for a DUI?

• If you are able to resolve your case through Oregon’s DUI diversion program successfully, then there is no jail required.
• For a first-time DUI conviction, there is a minimum jail sentence of 48 hours. This can sometimes be converted into 80 hours of community service.
• The amount of jail expected for your case depends on a number of factors, such as the court, the facts of your case, and your criminal history.

If you successfully resolve your case through Oregon’s DUI diversion program, you will not have to serve jail time. If you are not eligible for diversion and either enter a negotiated plea deal, or if you take the case to trial and lose, then a jail sentence will be imposed. For a first-time DUI conviction, the minimum jail sentence is 48 hours, which can sometimes be converted into 80 hours of community service. If this is a second or subsequent conviction, the jail time and other consequences will increase. For any case, the amount of incarceration depends on several factors, including which court is handling the case, the specific circumstances involved, and your prior criminal history. Your legal team should be able to guide you through this process so there are no surprises, giving you time to plan for any eventuality. 

For more details, look through our FAQ about going to jail after sentencing.

What happens with a DUI conviction in Oregon?

• For a misdemeanor DUI, the jail sentence varies between 48 hours 364 days, depending on the case and your criminal history.
• The court will suspend your license for at least a year. Longer suspensions and revocations can happen depending on your history.
• You must complete drug and alcohol evaluation and a treatment program.
• You must attend a DUI victims impact panel where you hear the stories of victims and their families.
• There is a probationary period where you must comply with certain conditions; the length varies depending on your history.
• To understand the scope of what’s likely in your case, consult with your legal team.

For a misdemeanor DUI conviction in Oregon, the jail sentence can range from 48 hours to 364 days, depending on the details of the case and your prior criminal history. The court will suspend your license for at least one year, with longer suspensions or even lifetime revocations possible for repeat offenses. You will be required to complete a drug and alcohol evaluation, participate in a treatment program, and attend a DUI victims impact panel to hear the experiences of victims and their families. You will also be placed on probation, with conditions and duration varying based on your history. To fully understand what is likely in your situation, it’s important to consult with your legal team. Remember that you do not have to go through this alone. The system is designed to move slowly and deliberatively, so your DUI attorney can prepare you for any eventualities.

Read here for more details about a first-time DUII conviction in Oregon.

What happens in DUI treatment?

• If you are convicted of DUI in Oregon, or if you enter the diversion program, drug/alcohol evaluation and treatment is required.
• The length of your treatment depends on an evaluation of your needs, but it will be at least 90 days.
• Treatment usually involves a mix of education, one-on-one with sessions with a counselor, and group therapy.
• Urine samples (UA’s) are taken periodically throughout the treatment period to test for substance use.
• If you miss appointments or fail UA’s, you may be called back into court for a probation violation or diversion revocation hearing.

If you are convicted of DUI in Oregon, or if you enter the diversion program, you will be required to complete a drug and alcohol evaluation and treatment. The length of your treatment program is based on an assessment of what the counselors consider appropriate for you, but it is required to last at least 90 days. Treatment typically includes an educational component, one-on-one counseling, and group therapy sessions. Throughout the program, you will be required to provide periodic urine samples (UAs) to test for substance use. Missing appointments or failing UAs can result in being called back to court for a probation violation or a diversion revocation (aka show cause) hearing.

What is a blow and go (IID)?

• An ignition interlock device (IID) is installed in a vehicle, and it does not let you start the car if it detects alcohol on your breath.
• An IID is required after DUI conviction in Oregon, and usually during the DUI diversion program.
• Sometimes the IID requirement is waived for cases that don’t involve alcohol.

An ignition interlock device (IID) is a machine that gets installed in your vehicle, preventing the engine from starting if it detects alcohol in the breath sample. In Oregon, an IID is required after a DUI conviction and is usually required during participation in the DUI diversion program. In some cases that do not involve alcohol, your attorney may be able to convince the judge to waive the IID requirement.

Here is a page with more information about IID requirements. 

How do I know trial is right for my case?

• This choice should only be made after a thorough review of the evidence, and with the advice of an experienced DUI attorney.
• Your lawyer can advise you about the strengths and weaknesses of your case.
• You’ll want to weigh the consequences of your negotiated plea deal vs. the consequences of a loss at trial.

One step at a time: Deciding whether to take your DUI case to trial should only be done after a thorough review of the evidence and with the guidance of an experienced DUI attorney. Your lawyer can help you understand the strengths and weaknesses of your case, as well as weigh the potential consequences of a negotiated plea deal against the risks of losing at trial.

Your ability to travel depends on several factors, and you’ll need to consult with your attorney for specific advice. If you’re planning on traveling, there are a few things to keep in mind:

• License Status: If your driver’s license is suspended or revoked due to the DUI charge, you won’t be able to legally drive, even out of state. Ensure you have a valid license before hitting the road.

• Court Dates: Missing a scheduled court appearance can lead to a bench warrant for your arrest. Always inform your attorney and the court if you need to reschedule due to travel, and understand that permission is not always granted..

• Travel Restrictions: You may have to ask the court for permission to travel out of state or out of the country, so it’s essential to consult with your attorney so that they can provide guidance based on the specifics of your case.

Remember, while traveling is possible in some cases, staying compliant with all legal obligations is crucial to avoid further complications. 

Facing a second or third DUI in Oregon? It’s serious, but understanding the potential consequences can help you navigate the situation:

Second DUI Offense:

• Jail Time: A minimum of 48 hours, up to 1 year. The exact duration depends on the jurisdiction, the timing of prior offenses, and the details of the case. 
• Fines: Ranging from $1,500 to $6,250. These vary based on the details of the case and other factors. 
• License Suspension: 3 year suspension if within 5 years of a previous conviction. If you have a commercial driver’s license a second conviction leads to lifetime revocation.
• Ignition Interlock Device (IID): Required for 2 years after license reinstatement. This device prevents your vehicle from starting if alcohol is detected on your breath.
• Hardship Permit: Depending on your history, you may be eligible for a permit allowing you to drive during specified hours for work, treatment, and other limited purposes.
• Alcohol Treatment: Mandatory participation in a state-approved program.

Third DUI Offense:

• Felony Charge: Classified as a Class C felony if committed within 10 years of prior DUI convictions, leading to much more severe penalties.
• Jail Time: A minimum of 90 days, with the possibility of up to 5 years in prison.
• Fines: Starting at $2000, going up depending on the specific circumstances of the case.
• License Revocation: Permanent revocation with no eligibility for a hardship permit. Reinstatement may be possible after 10 years if you meet specific criteria, but it’s not guaranteed and requires petitioning the DMV.
• IID Requirement: If driving privileges are ever reinstated, the IID requirement lasts 5 years.
• Alcohol Treatment: Mandatory participation in state-approved programs.

For both second and third offenses, the court will impose probation and attendance at a victim impact panel, along with potential community service and other obligations. If you’re facing charges of this nature, it’s critical that you contact our Oregon DUI attorneys as soon as you are able. We’ll step in and begin working on your behalf immediately to put you in the best position for a favorable outcome.