FAQs About Oregon DUI
1-541-734-7001 Peter Carini
1. WILL I BE ABLE TO GET MY DUI CASE DISMISSED BECAUSE I WAS NOT READ MY RIGHTS?
Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.
2. WHAT ARE MY RIGHTS? Follow this link.
3. WILL I GO TO JAIL?
Oregon law says that Driving Under the Influence of Intoxicants - DUII- is a Class "A" misdemeanor. The maximum penalty is 1 year in county jail and a $6250 fine. DUII can be a considered a felony if you are convicted of four DUII offenses in a 10 year period. If this happens, you will be sentenced to the state penitentiary.
Typically, though, in Oregon, if you are a first time DUI offender, you will be offered "diversion". Diversion is a program established by law that allows a person who is a first time DUI offender to avoid a conviction upon completion of certain requirements established by the court.
If you are convicted of a DUII in the State of Oregon, the minimum sentence that can be imposed is 2 days in the county jail or 80 hours of community service, a $1000 fine, and usually a 1 year driver's license suspension. County court judges usually impose a jail sentence anywhere from 2-15 days of jail.
For second DUI offenses the fine will be a minimum of $1500.
For a third DUI offense the fine will be a minimum of $2000. (BUT A LIFETIME DRIVERS LICENSE REVOCATION!)
If you are convicted a fourth time for DUI you may go to prison for over 1 year and suffer a lifetime drivers license suspension.
Obviously, the jail sentence imposed on a second or third DUI offense will be significantly greater than the sentence imposed on a first DUI offense. The only way to keep from going to jail or being incarcerated is to fight your DUI case and win.
4. CAN I PLEA BARGAIN MY WAY OUT OF A DUII?
In Oregon, a DUII will never be plea-bargained to a non-alcohol/controlled substance offense. The legislature has passed a law that makes such plea agreements unlawful. The prosecutor cannot dismiss the DUII offense in exchange for a plea of guilt to a different offense. ORS 813.170
5. IF I HAD A PRIOR CONVICTION FOR DUII WITHIN 5 YEARS OF MY RECENT DUII ARREST, WHAT WILL HAPPEN TO MY LICENSE IF I AM CONVICTED?
The court will suspend your license for a period of 3 years. If you are a CDL holder, you will lose your CDL license for life.
6. IF I HAD THREE SERIOUS OFFENSES WITHIN 5 YEARS, WHAT WILL BECOME OF MY LICENSE?
You will be deemed by the DMV as a habitual offender. Your license will be revoked for 5 years.
7. HOW LONG WILL I HAVE TO ATTEND ALCOHOL CLASSES?
The alcohol classes typically mandated by the courts last 12 weeks. The court's staff will evaluate you. If you have a significant problem with alcohol or drugs, you may be ordered to attend intensive treatment which could mean having to attend classes 2 or more times per week. As a term of your probation you will be required to pay for the classes. You will also be required to abstain from the use of alcohol and non-prescribed controlled substances for the term of the classes.
9. I LOST MY LICENSE IN OREGON. MAY I OBTAIN A LICENSE IN ANOTHER STATE?
In most cases, no.
10. AM I A BAD PERSON BECAUSE I WAS ARRESTED FOR DUII?
No. Driving after drinking responsibly is not a crime in Oregon. It is legal to drive after drinking alcohol. However, you are well advised to never, never smell like alcohol while behind the wheel. If you do, and you are pulled over by the police, you will be arrested. Many legally innocent people are arrested in Oregon for DUII.
11. WHAT IF I BURPED WITHIN FIFTEEN MINUTES OF BLOWING?
The breath machine may have read alcohol from your stomach rather than your lungs. The result will be incorrect. A similar problem occurs with dentures and people who suffer from gastroeseophageal reflux disease (GERD), heartburn or hiatus hernia. The breath test machine is merely making a estimate of your blood alcohol level based upon the level of alcohol coming out of your lungs. The accuracy of the estimate is predicated on many presumed factors. These presumptions often are not justified for many individuals. 
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