How an Oregon DUI is determined and how you can reduce penalties

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The definition of DUI remains the same regardless of the location you are arrested at: Portland, Eugene and Salem, among others. Officers can suspect that you are driving under influence and administer a breathalyzer test at the scene. This device tests BAC based on the alcohol content in your breath. The police officers will test BAC and if it is .08 or higher, you will be charged with committing DUI per se.

You can always get help from a dui lawyer Eugene Oregon if charged unfairly. The law allows you to hire a dui lawyer in Oregon regardless of whether you face dui Oregon first offense, second or third offense.

A BAC testing can also be administered at the police station once you are arrested. However, they can also test BAC through a blood test or a chemical test. You should understand that you can get an immediate license suspension as stipulated in Oregon’s implied consent law if you fail to comply with the testing.

That does not mean that you cannot be charged with DUI per se if the BAC is under .08: the charges can still be pressed against you when it is under that level if the officer determines that your driving is impaired as a result of alcohol use.  However, the officer has to subject you under field sobriety test: the officer may ask you to perform specific tasks such as standing on one foot to test balancing. He can also ask you to walk in a straight line or follow a light with your eyes while maintaining your head at a stationary position. If you fail to pass these tests, the officer will arrest you with suspicion of committing DUI and charge you later.

How to reduce DUI penalties

DUI penalties can be very severe in Oregon: you can be jailed up to one year for first DUI offense, have your license withdrawn, or financial penalties imposed. A dui lawyer in Eugene Oregon can help you get minimum penalties by arguing out your case.

Also, with the help of dui attorneys in Oregon you can bypass some of the more severe DUI penalties through Oregon DUII Diversion program. To take part in the Diversion Program, you must fit under the following categories:

  • People who have not been convicted of felony DUI offense in Oregon or any other place
  • People with no pending DUI charges in Oregon or other places
  • People not currently participating in a Diversion Program
  • People who are not currently having pending charges against them for aggravated vehicular manslaughter, assault with a motor vehicle, manslaughter, murder or criminally negligent homicide.
  • Those not convicted for committing DUI for the last 10 years
  • Have never participated in a DUI that resulted in death or serious physical injury of another person
  • People who do not have a commercial driver’s license at the time of the offense
  • People who were not operating a commercial vehicle at the time of offense  

People willing to participate in this program must also have made their first scheduled court appearance. They should also file a petition to participate in this program within 30 days of the first court appearance.  

The DUI is dismissed once you are registered in this diversion program. However, you are required to do the following under this program:

  • Pay the fee to participate ($490 is paid to the court)
  • Pay for and undergo an assessment for alcohol and drug abuse and monitoring (costs $150)   
  • Pay for and undergo a recommended treatment program (costs $50)
  • An ignition interlock device will be installed if you hope to drive during the one year diversion program period and you will have to pay 55 - $70 per month and a likely addition of $75 - $100 to ADES for ignition interlock monitoring