Oregon DUI Law & Lawyers: DUI-Web

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If you are arrested for a DUII in Oregon you will be subject to two separate cases. The first case is the criminal court case where the prosecution will bear the burden of proving beyond a reasonable doubt that you committed the crime of “Driving Under the Influence of Intoxicants.” If convicted you could face various criminal punishments such as probation, community service, mandatory alcohol rehabilitation and even jail time. The second case is the administrative or civil case against the Oregon Department of Transportation. The sole issue with this case is your privilege to drive. This case is separate and independent from the criminal case and it is quite possible to be acquitted from the criminal charges and still have your license suspended or revoked through the administrative case.

With respect to the criminal case, the prosecution has two theories in which to prosecute the charges. First, the prosecution can try the case under the “per se” theory and what this means is that if your blood-alcohol concentration was .08% or higher the prosecution will have met its burden in that case. It makes no difference whether you were driving in a safe manner or showed any visible signs of being under the influence. This theory relies solely on your body chemistry.

The second theory in which the prosecution can try your case is the “under the influence” theory. Under this theory the prosecutor will usually introduce evidence such as the arresting officer's testimony regarding your field sobriety test, his observations regarding your driving pattern and physical appearance and any statements you made during your arrest. The prosecution may also introduce evidence of your blood-alcohol concentration or eyewitness statements. Keep in mind, that even if your blood-alcohol concentration was below the legal limit you may still be convicted under the theory because under Oregon law the test is whether you lack the clearness of mind and physical control that you normally possess due to your consumption of alcohol and/or drugs.

Oregon DUI Criminal Penalties

Penalties for first-time DUI in Oregon can be severe. Penalties for subsequent offenses will be even worse. If convicted of a first-time offense you could be fined up to $5,000, your drivers license can be suspended for up to one year, you will have to complete an alcohol rehabilitation evaluation and any subsequent treatment recommended by the program, you will have at least 48 hours in jail or 80 hours of community service and could spend up to one year in jail. The Court may also order you to attend a victim’s impact panel and that you do not drink alcohol during your probation period.

Oregon Diversion Program

Pursuant to Oregon law (ORS 813.170) DUII cases may not be plea bargained to lesser charges. However, Oregon does permit first-time offenders to seek a DUII diversion. A DUII diversion program allows eligible first-time offenders to avoid a DUII conviction if they can meet the program requirements. The eligibility requirements for diversion program are organized and set forth in ORS 813.215 and are as follows:
813.215 Eligibility for diversion. A defendant is eligible for diversion if:

(1) The defendant had no charge of an offense of driving while under the influence of intoxicants or its statutory counterpart in any jurisdiction, other than the charge for the present offense, pending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(2) The defendant has not been convicted of an offense described in subsection (1) of this section within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(3) The defendant was not participating in a driving while under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program, other than a program entered into as a result of the charge for the present offense, in this state or in any other jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(4) The defendant did not participate in a diversion or rehabilitation program described in subsection (3) of this section, other than a program entered into as a result of the charge for the present offense, within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(5) The defendant had no charge of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in any other jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(6) The defendant has not been convicted of an offense described in subsection (5) of this section within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement;

(7) The defendant did not have a commercial driver license at the time of the offense;

(8) The defendant was not operating a commercial motor vehicle at the time of the offense; and

(9) The present driving while under the influence of intoxicants offense did not involve an accident resulting in:
(a) Death of any person other than the defendant; or
(b) Physical injury as defined in ORS 161.015 to any person other than the defendant

Basically, what the diversion program does is allows you to plead guilty to DUII but have the sentence suspended pursuant to the terms of the diversion agreement with the court. These terms will include alcohol evaluation and treatment, restrictions on your use of alcohol, community service and other prerequisites as dictated by the court. If you fail to meet the terms of the diversion agreement the court will lift the suspension of your sentence and the conviction and punishments for your DUII will be automatic.

Another important fact to keep in mind with the diversion program is that there will be a record of a DUII conviction on your driving record. This will undoubtedly affect your insurance rates in the future. Even if you complete the diversion program successfully and do not have a conviction on your criminal record it will look as though you have a conviction on your driving record.
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Oregon Driver’s License Consequence

As discussed above, when you are arrested for DUII in Oregon, you not only have to defend the criminal case, you will have to deal with the administrative case as well. It is important to realize that the DUII diversion program available in Oregon has no bearing on the Department of Transportation suspension case. Any challenge to a Department of Transportation suspension must be done separately and independently from any defense in the criminal proceeding. It is imperative that you retain a qualified DUI defense attorney when dealing with these charges. The penalties can be harsh and the law can be complex. It is possible to have your license suspended even if you’re found not guilty of the criminal charges.