If you have been accused of driving under the influence of intoxicants, you should stop reading this article and immediately call the Corbridge & Short Law Group 503-352-9360.

DUII / DUI / DWI

If you have been accused of a DUII offense, you need a DUII attorney. Period.

DUII defense is one of the trickiest areas of the law and there is a body of law all unto itself to determining how a charge of a DUII moves forward, both though the district attorney's office and through the department of motor vehicles. The consequences of a DUII conviction severe. There are mandatory minimum fines, fees, sentences, and license suspensions. Having an attorney to navigate through this battlefield of law that is decidedly stacked against your favor greatly increases your chances of having your case dismissed or resolved in the manner least intrusive to your life.

Diving Under the Influence of Intoxicants is a serious crime with serious consequences. Many people are unaware that you can be convicted of DUII even if you blow less than .08. In fact, there are several ways someone can be convicted of DUII. A person can be convicted of DUII if he or she operates a vehicle on premises held open to the public and:

  1. Has a blood alcohol content of .08 or above
  2. Is under the influence of intoxicating liquor, a controlled substance or an inhalant
  3. Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance

The phrase "under the influence of intoxicants" probably sounds vague and difficult to describe. That's because it is. This phrase gives prosecutors broad discretion to charge someone with DUII, even their blood alcohol level is less than .08. In order to obtain a conviction under this standard, the prosecutor must prove beyond a reasonable doubt that the person's ability to drive was "adversely impaired to a noticeable and perceptible degree." With such a vague standard it is important that you have legal counsel to represent your interests.



Penalties

The penalties for a DUII conviction are very serious - DUII is not just a serious traffic ticket. In addition to the social stigma and increased insurance rates, someone convicted of DUII faces the following mandatory penalties:

Minimum Penalties

A minimum fine of $1,000.The minimum fine is $1,500 for a second conviction and 1,000 for a third. These are minimum fines only. The maximum fine is $10,000 and applies in cases where someone under the age of 18 was in the vehicle (and that person is more than three years younger than the driver).

A minimum of two days in jail or 80 hours of community service.The jail sentence is frequently longer than two days. Different counties typically have different "standard sentences" they will impose.

A minimum one-year license suspension.The suspension will be longer if there are multiple convictions within a certain time period. This suspension is separate from the DMV suspension. The license can be permanently revoked for a third DUII conviction.

A fee of $130.This is in addition to any fine.

Mandatory Attendance at a Victim's Impact Panel if required by the particular county.A fee between $5 and $50 will be charged to attend the panel. Multnomah County requires attending a panel.

Submission to a drug and alcohol screening interview and treatment program.An assessment fee of $150 is charged for the screening interview. You must pay for and complete whatever treatment program is recommended.

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Given the serious nature of DUII, it is important that you consult someone knowledgeable in DUII defense. Call Corbridge & Short Law Group 503-352-9360.

What is the difference between a DUII, DUI, and DWI?

The simple answer is that there is no difference between these terms. These are acronyms used by law enforcement when an individual is charged with the offense of driving under the influence of intoxicants. States vary in which acronym is used, and in Oregon the charge is that of a "DUII". All these acronyms represent what is commonly known as "drunk driving".

For those of you that have received a citation for Driving Under the Influence of Intoxicants there are number of things that you need to know.

First, there are two separate agencies and hearings that you will need to manage. The first regards your ability to keep your driving privileges with the Oregon State DMV, the second deals with the criminal charge in the municipality or county court where the citation occurred. Unlike the DMV hearing, where the focus is on the whether you will be keeping your license, the municipal or county hearing is determines the criminal ramifications of the citation and may include fines, fees and incarceration.

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How can I avoid being convicted of a DUII?

For those of you who have participated in a Diversion program within the last ten years, you will need to take the case to trial and win. If you have not participated in a Diversion program within the last 10 years, you may be eligible to participate in a state certified drug and alcohol treatment program. If you successfully complete the Diversion program within one year, then the DUII charge will be dismissed and your record will reflect participation in the Diversion program versus a DUII conviction.

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Why is it important to not have a DUII conviction?

A person who is convicted of DUII in the state of Oregon may be subject to up to 24 months of formal or enhanced probation. This requires that you allow state agents to come into your personal residence, search the premises for evidence of alcohol, drugs, or other substances not congruent with the terms of your probation. This also includes the property of those with whom you are living with. Additionally, you may be required to check into your probation officer and be subject to random Urine Analysis on a monthly, weekly and or daily basis.

A DUII conviction is very different from entering into an alcohol or drug Diversion program. In Diversion, individuals are placed on bench probation. This requires that you merely stay out of trouble and have no personal criminal contact with law enforcement personnel. You will not be required to check in with a probation officer. Bench probation for a DUII/Diversion participant is traditionally 12 months.

You may be eligible for a diversion program if you:

  1. Have no pending DUII charge in this state or any other state on the date you file the petition to enter into Diversion.
  2. You have not been convicted of a DUII within the prior 10 years of receiving your current citation.
  3. You have not been charged with the offense of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or any other state on the date you file the petition for the DUII Diversion program.
  4. You did not hold a commercial driver license (CDL) at the time you were cited with DUII.
  5. The present DUII offense did not involve an accident that resulted in a death of any person, or physical injury to any person other than yourself.
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Now you see how serious a DUII conviction can be. Call Corbridge & Short Law Group today 503-352-9360.

External Resources

ODOT Impaired Driving Program
From the Oregon Department of Transportation, this website provides information about Oregon drunk driving laws, programs, and statistics

Alcoholics Anonymous
Obtain help with alcoholism and alcohol abuse

State of Oregon, Department of Motor Vehicles
Includes DUI-related tips, license and penalty information