What should I do if I am arrested for DUII?
If you are arrested for DUII, it is important that you take action quickly because the clock starts ticking immediately after you either take or refuse a breath, blood, or urine test. You only have 10 days to request a hearing to contest the suspension of your license under Oregon's implied consent laws. You are entitled to a hearing before the suspension takes place and we are experienced at those hearings.
Our Attorneys Have The Experience You Need
DUII law is far more complicated than you may believe because it is a mix of opinion and scientific evidence. It is important to get experienced and knowledgeable representation so you can make informed decisions about your future. Our attorneys are experienced and knowledgeable, so much so, they teach other attorneys how to defend DUII cases. See www.drugdwiconsulting.com
Vidrio, Park, & Jarvis employs three former prosecutors, and two former police officers/drug recognition experts.
How do the Police prove DUII in Oregon?
In Oregon, you can be convicted for DUII if the State can prove your blood alcohol content is 0.08 percent or more by weight. That is referred to as a per se limit. However, you can also be convicted of DUII in Oregon if the state can prove you were under the influence of intoxicating liquor, cannabis, a controlled substance, an inhalant, or combination thereof while driving. In other words, if the State can prove you were impaired by certain substances while driving you can be convicted of DUII even if your blood alcohol content is below a .08 BAC. DUII law is far more complicated than this short synopsis so it is important that you consult with an attorney so you know your rights.
What is a per se limit?
In Oregon the per se limit for alcohol in most vehicles is .08 percent blood alcohol content. Essentially, the per se limit means that if the State can prove your blood alcohol was a .08 or higher when you were driving that is enough evidence to convict you.
Does having a .08 BAC mean you will be automatically convicted of DUII?
No. there are a variety of defenses that are available in DUII cases that involves blood alcohol contents of higher than a .08. For example, food slows the absorption of alcohol into the blood stream. A lawyer who understands the science behind blood alcohol content can craft a defense for you.
There are also defenses to the breath testing machine. Breath test machines don't actually measure blood alcohol content. A breath test machine calculates your blood alcohol content using an average partition ratio. That ratio is the amount of alcohol expected to be in a person's blood based on the amount of alcohol found on a person's breath. The test is based on averages and not on your actual partition ratio so an experienced and knowledgeable attorney can demonstrate this to a jury.
Does my driver's license automatically get suspended?
First, it is important to understand that your driver's license can be suspended in different ways after an arrest for DUII. Your license can be suspended under what is called the “Motorist Implied Consent” law. In its most basic form, implied consent laws basically say that because you accepted a drivers license from the state you also “impliedly” consented to taking a breath, blood, or urine test. (or combination of tests). The Implied Consent laws in Oregon have been the subject of a lot of litigation in the courts so it is important to hire an attorney to protect your rights under the implied consent laws.
A driver's license suspension for refusing a test is longer than for failing a test under the implied consent law. If you have refused or failed a test, it is important that you request a hearing within ten (10) days from the date of your arrest or a suspension of your driving privileges will automatically go into effect. Our attorneys can help you with that hearing.
The per se limit is lower if a person is driving a commercial motor vehicle.
Does a court suspend my driver's license if I am arrested for DUII?
Your license will not be suspended by a court for a DUII arrest, but that is not the whole story. If you are diversion eligible, and enter diversion, there will be no court ordered suspension of your driver's license. However, if you are convicted of DUII the length of the driver's license suspension depends on your driving history and range from a one (1) year suspension to a lifetime revocation of your license.
Can I be convicted of DUII after smoking marijuana?
The short answer is yes. However, it is important to understand that marijuana does not have the same impact on a person's driving ability that alcohol has been shown to have. Police use a drug recognition expert in an attempt to prove that a person is impaired by marijuana. Few attorneys understand this area as well as the attorneys at Vidrio, Park, & Jarvis because two of our attorneys are former drug recognition experts themselves. We are able to turn the tables on the State and use their own training against them and have been successful in doing so.
Can I be convicted of DUII after taking a prescription that was prescribed to me by a doctor?
This depends on the prescription. In Oregon, the prescription must be a controlled substance to violate the DUII statute. Many prescriptions for anxiety or depression are both controlled substances. This can become tricky because some people take a mix of controlled and uncontrolled substance prescriptions. Being able to prove which one of those prescriptions is causing the effects police claim to see requires a thorough understanding of the science. Our attorneys understand the science.