Portland DUII Defense Attorney

Understanding DUII: What You Need to Know

DUII stands for driving under the influence of intoxicants, which include drugs and alcohol. The consequences of a DUII conviction can be especially serious. If you have been arrested for this offense, do not wait to contact a skilled and experienced attorney, such as James O'Rourke. Since 1978, he has fought tirelessly to protect his clients. Today, he and our firm staff are proud of our 90% case success rate and positive impacts on countless people living in and around Multnomah County. Learn more about your charges and what we can offer you in a free consultation. We can schedule these in person or virtually, depending on what is most convenient for you. 

DUII vs. DUI: Key Differences Explained

Driving under the influence of intoxicants (DUII) and driving under the influence (DUI) are similar offenses. The terminology that courts and law enforcement use will depend on the jurisdiction. Oregon uses the term DUII to refer to drunk driving or driving while impaired by drugs. 

For a DUII attorney in Portland you can trust, call (503) 506-2836 or get in touch with us online.

What to Expect After a DUII Arrest

Being arrested for DUII can be overwhelming, and you will likely wonder what happens next. 

Below, we have described some of the things you can expect after an arrest:

Breath, Blood, or Urine Testing Procedures

During or after an arrest, law enforcement may ask you to take a breath, blood, or urine test. You could lose your license if you fail or refuse to take these tests.

Understanding License Suspension Risks

As mentioned above, courts could suspend your license because of a DUII arrest. It is possible to contest a license suspension. You have 10 days to request a hearing to combat one. Should you fail to request or attend this hearing, the suspension will remain in effect. 

You may be able to secure a hardship permit to drive a non-commercial vehicle to work, the grocery store, and necessary rehabilitation treatment. 

Preparing for Your Court Appearance

You will receive an order requiring you to appear in court on a certain date and time. At this hearing, you may plead guilty or no contest. You may also plead not guilty, causing the case to go to trial. Before entering any plea, it is essential to consult an attorney, such as our Portland DUII lawyer. 

Exploring Diversion Programs for DUII

You could participate in a diversion program that would allow you to have your charges dismissed and avoid a criminal conviction. Many first-time offenders and those who have not participated in a diversion program are eligible. At our firm, we offer free consultations, during which we can discuss whether the state’s diversion programs are an option for you.

Even if the state denies you entry to a program, you can request a hearing to have the courts reevaluate your eligibility. 

Understanding DUII Penalties in Oregon

The penalties for a first DUII offense in Oregon can include up to a year in jail and fines that amount to $10,000. Plus, the state can order a license suspension and the use of an ignition interlock device (IID) for a year. 

The penalties increase for repeat offenses:

• A second DUII conviction can result in a year in jail, $10,000 in fines, a license suspension of three years, and the use of an IID for two years.
• A third DUII conviction can result in up to five years in jail, up to $125,000 in fines, a permanent license suspension, and the use of an IID for five years.