Updated 04/09/2025
Be careful who you listen to.
When you get arrested, you’re terrified and left with hundreds of pressing questions. The first thing most people do is turn to their family and friends for advice and support. Although your loved ones mean well, be cautious when considering their advice. Every case is unique with its own set of facts. There is no one
“Just pay the fine listed on the DUI citation like any other traffic ticket, and your case will go away.”
A criminal charge is something to take seriously. Even if you were given a citation that looks like any other traffic ticket, we can assure you that a criminal charge is much more involved. The criminal process consists of gathering evidence and appearing for multiple court hearings before you can expect resolution. If you are convicted of a DUI, you could face actual jail time and have your driving privileges suspended, among other repercussions. Further, a DUI conviction stays on your record forever.
“Ignore the court date given to you after your release.”
After your arrest, you are usually required to sign release paperwork. By signing that piece of paper, you are swearing to the court that you will appear at the hearing written on the paperwork to address the criminal charges against you. If you fail to appear on that date, the court will issue a bench warrant for your arrest. If you fail to appear at your initial hearing, called the arraignment, you could be disqualified from the Diversion program.
“You blew under a .08 so your case will get thrown out.”
It’s important to know that you can still be arrested and convicted for an alcohol DUI even if you blow under a .08. We regularly represent people who’ve been arrested after driving with a .07, .06, even a .05 blood alcohol content. A police officer’s standard to make an arrest for DUI is whether “a person’s mental or physical faculties are negatively impacted to a noticeable degree by alcohol or another intoxicant”.
“You should just plead guilty at the arraignment to get it over with.”
A DUII in Oregon can either be a misdemeanor or a felony. A conviction of either of these likely means devastating consequences including jail time, probation, license suspension, significant court fines, and other harsh lifestyle changes. Most Oregon judges will not even accept your guilty plea to a DUI charge at your arraignment because they know you haven’t had time to get the police reports for your case and to discuss your case with a lawyer.
“You should represent yourself instead of hiring an attorney.”
The criminal laws relating to a DUI charge are complex and have many pitfalls. Additionally, the DMV laws related to a DUI concerning your license suspension are a specialized subset of the law. There are some lawyers who regularly practice criminal law and do not handle the administrative process which controls the DMV hearing. The bottom line is you should always seek professional help just as you would if you were sick and needed medical help.
Again, every case is unique. Make sure that you get the advice of an attorney who specializes in Oregon DUI law, and who can help determine what is best for your situation. To set up a free consultation with Reynolds Defense Firm, please call us at the number above or use the chat feature on this website. We have over 100 years of combined experience, and we will be happy to help answer your questions and chart out the most advantageous steps forward.
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