Oregon DUII – Rules of the Road
Posted on behalf of RizkLaw on Feb 10, 2014 in Auto Accident
Driving while intoxicated is a serious offense, considered a Class A misdemeanor crime. In 2011, 9,878 people in the US died in drunk driving crashes – one every 53 minutes.
What Are the Penalties for DUII
In Oregon, if you are pulled over with a blood alcohol concentration (BAC) of .08% or greater (lower for drivers under 21 years of age) after having failed a breath or blood test, your license may be suspended for one year, three years or life.
The length of your suspension depends on whether you failed or refused a test and whether you have had prior DUII events in the past five years. Defendants who enter and successfully complete a 12 month diversion program and are not convicted of DUII can avoid the suspension.
With a valid Oregon driver license at the time of your breath test failure or refusal, you will receive a temporary permit that will allow you to drive for the 29 days following your arrest. On the 30th day after your arrest, the suspension begins (unless you are able to successfully appeal).
How Can You File an Appeal
To challenge this suspension, you will need to request a hearing no later than 5:00pm on the 10th day following your arrest. Filing an appeal gives you a chance to overturn this suspension. If you do not hire a lawyer to contest your implied consent suspension, you must attend the hearing yourself or a bench warrant will be issued for your arrest. In certain Oregon counties, if you hire an Oregon DUI attorney before your initial court appearance (arraignment), you may be able to absent yourself from this first appearance.
How Do You Reinstate Your License
To get your license reinstated following a first Oregon DUI conviction suspension, you must install an ignition interlock device for one year, show proof of alcohol/drug treatment completion, file an SR-22 (and keep on file for three years) and pay a $75 reinstatement fee.