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Criminal Defense

Portland DUI Defense Attorney 

Experienced Defense Against DUI Charges in Oregon

Driving under the influence (DUI) of alcohol or drugs is a serious offense in Oregon. Even an arrest could leave you without your license, impacting your ability to work and go about your daily life. If you have been arrested and/or charged with DUI, do not hesitate to contact James O’Rourke. 

Since 1978, our Portland DUI defense lawyer has been a lifeline for individuals facing various criminal charges. His approach to defending clients is effective, as he exhausts all options for countering the prosecution and achieving positive outcomes. Across our firm’s practice areas, we have a 90% case success rate. 

Set up a free, confidential consultation with our attorney to learn how he could advocate for you. We can conduct these meetings virtually, making our help accessible no matter where you are in Clackmas, Multnohmah, and Washington Counties or the surrounding areas. All it takes is a phone call or message online to schedule yours.  

Reach out at (503) 506-2836 no matter the time of day. 

Oregon DUI Laws

In Oregon, it is illegal to drive a vehicle with a blood alcohol content (BAC) of 0.08% or higher. It is also illegal to drive while impaired by any type of controlled substance. You can still face charges for DUI if your BAC is below 0.08%. This happens in cases when alcohol has inhibited your physical and mental faculties. 

Can You Refuse a Breath Test in Oregon?

Our state’s implied consent law holds that by driving in Oregon, you have consented to a breath test if an officer pulls you over for suspected drunk driving. As a result, refusing a breath test can result in a license suspension.

There are two very important things to note about breath tests:

  1. You can request to speak with a lawyer before participating in a breath test. At our firm, we take calls 24/7 and can be there for you in an emergency. 
  2. You can contest a license suspension for refusing to take a breath test. To do so, you must request a hearing within 10 days of your arrest. 

Consequences of DUI Convictions in Oregon

For first and second DUI convictions, the penalties include up to a year in jail and thousands of dollars in fines. The penalties increase for third and fourth offenses. Both can lead to up to five years in jail and fines of $2,000. In addition to jail time and fines, DUI convictions can result in license suspensions and require the use of an ignition interlock device (IID). 

Oregon’s DUI Diversion Program 

It is possible to avoid conviction for a DUI by participating in Oregon’s diversion program. 

To do so, you must:

  • Commit to not driving while intoxicated
  • Use an IID
  • Pay a diversion fee
  • Attend and pay for a county alcohol assessment
  • Attend and pay for a victim impact panel
  • Complete treatment recommended by the county evaluator

You have a year to complete the program, but you can also receive an extra six months if necessary. Finishing the diversion program allows a court to dismiss your case. 


In short, there is no difference. DUI and DUII (driving under the influence of intoxicants) refer to the act of driving drunk or under the influence of drugs. DUI is something you are likely more familiar with seeing. Numerous states refer to these types of offenses as DUI, but Oregon law uses DUII. 

    "Mr. O’Rourke was by far the best attorney I have ever had."

    My favorite thing about Mr. O’Rourke was that he wasn’t going to back down to anyone, and he never wavered in his mission to do what was best for me.

    - Former Client
    *To read the full review, please visit our reviews page
    "James O’Rourke literally saved our son’s life—and for that we owe him a debt of gratitude that we can never adequately repay."
    Jim really cares about our son’s welfare and well being. He has given hope and encouragement to my husband and myself when we were overwhelmed by everything.
    - A Mother and Father
    *To read the full review, please visit our reviews page
    "In Jim, we found not only an excellent attorney – but a leader, a coach, a resource, a navigator and an advocate – not only for our son, but for us as well."
    It is so uplifting to work with an attorney who really cares about his client’s well-being the way Jim does. Once we felt so helpless, now we have hope because we have Jim O’Rourke on our side.
    - S & T
    *To read the full review, please visit our reviews page
    "I truly believe that honesty and compassion are what set him apart and make him the best."
    Mr. O’Rourke does not “sugar coat” anything, yet still shows a great amount of compassion and empathy. I truly believe that honesty and compassion are what set him apart and make him the best.
    - Jennifer A.
    *To read the full review, please visit our reviews page

Trust Our Portland DUI Defense Attorney to Fight for You

Whether you have made a mistake or found yourself wrongfully charged for driving drunk or under the influence of drugs, call on our attorney at James O’Rourke. He and our office’s supporting staff treat every client with respect and compassion. We understand the stress of facing charges and navigating the criminal process. That is why we work tirelessly to support those who turn to us and protect their rights and freedoms. 

Discuss the details of your situation and how we can help in a free consultation. Call (503) 506-2836 or get in touch online.

  • Compassionate & Effective Representation
    We provide effective and compassionate defense, ensuring clients feel supported while vigorously protecting their rights.
  • Over 40 Years of Experience
    With four decades in the legal field, Attorney O'Rourke brings a deep understanding of the system, assuring clients of a seasoned advocate by their side.
  • Complimentary, Confidential Consultations
    We offer free consultations, allowing you to discuss your case without any financial commitment.
  • We Work as a Team for You
    We use three methods to fight the prosecution and win — attack, negotiation, and mitigation — focusing our time and resources where they are most productive in achieving our goals.
  • Experienced & Personalized Legal Care

    Benefit from personalized legal strategies tailored to your unique needs.

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