Portland Criminal Defense

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Law Office of
John E. Gutbezahl, LLC

5 Centerpointe Drive Suite 400
Lake Oswego, Oregon 97035

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Portland Criminal Attorney

Portland DUI Penalties

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Attorney Representation in Portland, Oregon for over 15 years

In the State of Oregon you are in violation of the DUI laws if you have a blood alcohol content of .08% or higher. This standard is uniform across the US. Oregon has also lowered this limit to .04% for commercial drivers and .02% for drivers under the age of 21. There are also provisions that prohibit driving under the influence of drugs such as cocaine, marijuana and other ingested intoxicants. If you are unfortunate enough to have been arrested for DUI you are facing some very substantial penalties. The Oregon DUI defense attorney team at The Law Offices of John E. Gutbezahl, LLC is offering this synopsis of those penalties in the hope that you will be convinced of the inadvisability of drinking and driving.

First and foremost, you have a right to challenge the initial suspension of your driving privileges  for refusing or failing a breath, blood or urine test.  There is a mandatory 10 day deadline for requesting  the hearing.  If the officer does not show up then there is no suspension (this hearing does not impact the criminal case) for failing or refusing the test.  If the officer does show up he or she will be subject to cross examination under oath.  It is a great way to test the strength of the State’s case prior to the officer getting prepared for trial. 

Diversion Elegibility in Portland Oregon

You may be diversion eligible.  There are strict requirements for eligibility however if you successfully complete diversion the DUI charge will be dismissed.  The program requires a drug and alcohol evaluation, treatment, no law violations, no consumption of intoxicants (without a prescription) and a Victim’s Impact Panel. 

Our DUI Attorney will Discuss These Penalties With You

Your first conviction will result in 1 year mandatory suspension of your license to drive. You will alternately be required to spend 48 hours behind bars or to serve 80 hours of community service. The fine for a first offense is $1,000.00 minimum. You will also be required to pay a variety of fees such a $130.00 fee for an intoxicated driver program, $40.00 for a DUI assessment fee, a $95.00 unitary assessment fee, a county fee of $59.00 and a $90.00 diagnostic fee. You must also submit to a mandatory drug and alcohol evaluation to determine the best course of treatment for you.

Penalties escalate with repeated offenses. Your second DUI in Oregon will net you a 3 year suspension and you may spend up to one year in jail if there was an injury accident involved. The fine goes up to $1,500.00 and all the usual fees mentioned above still obtain. You will also be required to undergo a reassessment of your alcohol addiction and be required to fulfill any recommendations of the examining authority.

Portland and Oregon 3 DUI Strikes Rule

Three strikes and you are out. You will never be allowed to drive an automobile in the State of Oregon again. You will once again spend up to a year in jail depending on the circumstances of your arrest. The fine is now $2,000.00 and you will once again be liable for the multitude of assessment fees listed again. All DUI convictions are subject to a mandatory evaluation to determine the degree your alcohol problems.

Whether this is your first DUI offense or third do not despair of being subject to any of these penalties. DUI charges can be challenged on any number of grounds and our Oregon DUI defense attorney team has dedicated a substantial portion of our practice to specializing in this type of defense. Above all, do not try to go it alone and throw yourself upon the mercy of the court. Acquire for yourself the professional help that you will need at this trying time.  If you or a loved one has been charged with a DUII offense don't hesitate to call us at The Law Offices of John Gutbezahl, LLC immediately at  503-594-1919. The initial consultation with us is free of charge, so you have nothing to lose and a future of freedom to gain.  We pick up the phone 24 hours a day.  Time is of the essence in these DUI cases, so let's get an early start on securing your future now.