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The Perez-Selsky Druckenmiller Law Office has helped citizens across Oregon successfully defend against charges of DUII in state and municipal courts.
DUII law is a challenging, technical sub-specialty of criminal practice. Effective advocacy demands that legal counsel possess a mastery of forensic science, the rules of evidence, and the special rules governing law enforcement techniques for detecting intoxication and assessing impairment. DUII convictions cannot be expunged, and carry serious penalties, including jail, fines, license suspensions, and in some cases, permanent revocation of driving privileges.
When the stakes are this high, you need an attorney with knowledge and experience to achieve the best result. Aron Perez-Selsky has worked on hundreds of DUIIs as a prosecutor and defense attorney, securing convictions as the former, and acquittals as the latter. Call today to see how we can put this knowledge to
work for you.
Why am I charged with DUII?
Under Oregon law, a person commits the offense of driving under the influence of intoxicants (DUII) if he or she drives a vehicle while the person:
- Has 0.08 percent or more blood alcohol concentration (BAC); or
- Is under the influence of intoxicating liquor, a controlled substance or an inhalant, or combination thereof.
What this means is that even if a breath or blood test shows that the concentration of alcohol in your blood was less than 0.08%, you may be found guilty of DUII if it can be shown that you were under the influence of alcohol or another controlled substance. A person is considered “under the influence” if their physical or mental faculties are adversely affected by alcohol to a noticeable or perceptible degree.
Police assess several factors in determining whether a person was under the influence of intoxicants when they were driving. This includes but is not limited to driving performance, physical balance, ocular nystagmus, rate and coherence of speech, ability to follow instructions, and drowsiness. These signs, in addition to evidence that the person recently consumed alcohol or a controlled substance, can be enough to support a conviction, even if the person had less than 0.08% BAC.
Note that under Oregon law, it is a crime to pilot any vehicle while under the influence of intoxicants. “Vehicle” is defined under Oregon law as “any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means.” This includes cars, trucks, motor homes, and even bikes.
Am I eligible for diversion?
Diversion is an alternative to pleading guilty/no contest or taking your case to trial when you are charged with DUII.
As the name suggests, diversion permits a defendant’s case to be “diverted” from the criminal justice system to treatment. Successfully completing diversion allows you to avoid conviction for DUII, and the associated penalties for a first offender. You must apply for a diversion within 30 days of your first court appearance, so it’s a good idea to talk to a McMinnville DUII attorney as soon as possible after your arrest.
You may qualify for diversion if you meet all of the qualifying conditions:
- On the date your charge is filed, you did not have any DUII charges filed in Oregon or in any other state.
- You have not been convicted of DUII within the period beginning 15 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion agreement.
- You have not been convicted of felony DUII in Oregon.
- You were not participating in an alcohol diversion or similar rehabilitation program in this state or another on the date you filed your diversion petition.
- You have no charge of aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault involving the use of a motor vehicle pending in Oregon or any other state on the date you filed your diversion petition.
- You have not been convicted of any of the above named offenses within the previous 15 years from the date you filed your diversion petition.
- You did not hold a commercial driver’s license at the time you committed the offense.
- You were not driving a commercial vehicle at the time you committed the offense.
- You did not injure anyone (other than yourself) when you committed the offense.
If you qualify for diversion, and the judge does not find good cause to deny your petition, you will be ordered to undergo a drug or alcohol evaluation and complete whatever treatment is recommended by the evaluator. You will also be ordered to attend a victim’s impact panel, abstain from alcohol for one year, install an ignition interlock device in any vehicle you drive, and pay all fees and assessments owed to the court, your evaluator, and treatment provider. These conditions of diversion must be completed within one year period of your entry into diversion.
If you cannot complete your diversion within one year, you may ask for an extension within 30 days prior to the end of the diversion period. You may ask for a maximum of 180 days. If you fail to complete all of the terms of your probation within the time required, your probation will be revoked, a conviction for DUII entered, and you will be sentenced.
Even if you don’t plan on going to trial over your DUII charge, a McMinnville criminal defense attorney can help by guiding you through the application process and responding to objections to entry by the District Attorney. An attorney can also negotiate dismissal of other offenses charged with the DUII.
What is my likely sentence if I am convicted of DUII?
If you do not qualify for diversion, your only remaining options are to plead guilty/no contest to DUII or request a trial. A DUII charge cannot be dismissed through plea negotiations.
If you are convicted of DUII, your sentence will depend on your prior criminal history and the unique circumstances of your case.
Driving under the influence is a Class-A Misdemeanor carrying a maximum penalty of 1 year in jail and a $6250 fine. If a person has been convicted of driving under the influence twice in the last ten years, a third charge for DUII is a C-Felony carrying a maximum penalty of 5 years in prison and $125,000 fine.
Depending on your case, the minimum sentence you can receive is:
- 48 hours jail (90 days if Felony DUII) or 80 Hours community service.
- $1000 dollar fine ($1500 if it’s a second DUII, $2000 if the defendant’s BAC is over 0.15%).
- License suspension (lifetime revocation if it’s the defendant’s third DUII).
- Alcohol evaluation plus treatment.
- Attendance at a victim impact panel.
- Fines, Fees, and Assessments.
In addition, the court will usually place the person on probation for anywhere from 12 to 48 months. Talk to an experienced McMinnville criminal defense attorney today to find out more about your options.
Can a conviction for DUII be removed from my record?
A conviction for DUII or any other traffic offense can never be expunged or otherwise removed from your record. A diversion is not a conviction, but is a permanent part of your driving record.
A DUII or traffic conviction can prevent you from holding certain professional licenses and certifications. It may also preclude you from working in any job requiring use of a motor vehicle. Because of the permanent adverse consequences of a DUII conviction, it’s important to speak with skilled McMinnville criminal defense attorney as soon as possible to maximize your chances at a good outcome.
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