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Portland DUII Attorney 

What Is DUII?

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. 

How Does DUII Differ from DUI?

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 Happens If You Are Arrested for DUII?

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 Test

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.

License Suspension

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. 

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. 


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. 

Penalties for DUII Offenses 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.
    "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
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    "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
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    "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
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    "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.
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Consult James O'Rourke About Your DUII Arrest

Reach out to consult our experienced DUII defense attorney in Portland. Every DUII case is unique, so our lawyer and supporting staff work closely with clients to understand their stories and develop a strategy tailored to their circumstances and goals. Before speaking with law enforcement or the prosecution or making decisions concerning your case, turn to James O'Rourke. You can get in touch with our office 24/7 in emergencies. 

Call (503) 506-2836 or contact us 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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