• What is the difference between a DUI, DUII and a DWI?

These terms all refer to the crime known as "drunk driving." Many states have slightly different names for this charge. In Oregon, it is called "driving under the influence of intoxicants. Most Oregon DUI lawyers, police officers, and court officials use the term "DUII." This website uses the terms DUI, DUII and DWI interchangeably.

• I've been charged with an Oregon DUI, what do I need to know?

Most DUI's in Oregon are Class A misdemeanors. [A DUI in Oregon may be a Class C felony if the defendant has been convicted of DUI at least three times in the 10 years prior to the date of the current offense.] If convicted, a person can receive penalties including: probation; jail time; a license suspension or revocation, ranging from one year to life; a minimum $1,000 fine; and alcohol treatment. The penalties generally increase in length and level of fines, jail (or prison) time, probation and suspension for second, third and subsequent DUI convictions.

• Will my license be suspended?

Your Oregon driver license (or your right to drive in Oregon if you're licensed out of state) may be suspended for failing a breathalyzer with a Blood alcohol content (BAC) of .08% or for refusing a breath, blood, or urine test. You must act quickly (within 10 days of your arrest), and request an appeal of the proposed suspension for failing or refusing the test. A hearing will then be scheduled on your appeal request. Contact an Oregon DUI lawyer for more information.

If you are convicted of DUII, your license will be suspended or revoked for one year (suspension), three years (suspension), or life (revocation). A driver also faces a suspension / revocation if convicted of other traffic crimes such as reckless driving, vehicular assault, hit and run and other traffic related crimes.

• But I really need my license. Can I get a hardship / conditional / probationary permit?

A hardship permit may be available to you if your license was suspended. [Hardship permits generally are not available for license "revocations" including lifetime license revocations resulting from a third DUII conviction.] There is often a waiting period as long as 1 year)before you can obtain a hardship permit.

Generally, these permits only allow driving for trips related to work, treatment, and medical appointments. There are specific requirements you must follow in order to obtain a hardship permit. Talk to an experienced DUI attorney for more information about hardship permits.

• I have a CDL (commercial drivers license), am I treated differently?

Yes. Among other things a conviction for DUI:

• Disqualifies a person from holding a CDL for certain convictions, including convictions for offenses that may have occurred in a personal vehicle.

• Suspends a person's CDL for conviction of certain offenses that occur in a personal vehicle.

• Applies convictions for driving under the influence of intoxicants that occur in any vehicle to the CDL.

• I am licensed to drive in Washington / California / another state and was cited for a DUII in Oregon. Will my driver license be suspended?

Oregon only has the authority to suspend your right to drive in Oregon. Put another way, Oregon cannot suspend your license in Washington, California or any other state but almost all states report DUII convictions nationwide, therefore you should be aware that your license may be suspended in your home state.

• Will I be able to negotiate my Oregon DUI charge down to a lesser offense such as "negligent driving," "reckless driving," "wet reckless" or a "driving while ability impaired?"

No. While DUI plea agreements of this type are common in some states, in Oregon this practice is prohibited by state law, specifically ORS 813.170. Other charges, such as reckless driving, failure to perform the duties of a driver, are subject to plea negotiations.

• What about the diversion program?

If a person qualifies for DUI diversion, they may be able to avoid a DUI conviction and the accompanying penalties and consequences.

• What are the fines / fees associated with a DUII conviction in Oregon?

Oregon law requires a minimum fine of $1,000 for a first DUII conviction; $1,500 for a second conviction; and $2,000 for a third conviction (unless the defendant is sentenced to prison). In addition to the fine, defendants can expect to pay:

* approximately $300 - $400 in miscellaneous fees and assessments;

* $150 for the alcohol evaluation and monthly payments for treatment;

* $50 or less for the victims impact treatment session;

* Fees for each of the alcohol / drug treatment classes.

Russell Law Offices
Main/East Branch Office
516 Southeast Morrison Street, Suite 520
Portland, OR 97214
Map and Directions

Satellite/West Branch Office
10260 SW Greenburg Road, Suite 400
Portland, OR 97223
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503-282-7999 phone
800-984-2530
503-282-0199 fax

At Russell Law Offices in Portland, Oregon, the City of Roses, we represent clients across Oregon, including Beaverton, Gresham, Tigard, Hillsboro, Cedar Mill, Oregon City, Lake Oswego, Salem, Tualatin, Milwaukie, Gladstone, Scappoose, St. Helens, Astoria, Multnomah County, Washington County, Clackamas County, Marion County, and Columbia County.