What happens after I've been arrested for DUII?
There are two separate tracks that most DUI cases can take. The first involves your "implied consent suspension." If you took a breath test when you were stopped for DUII, and you failed, or you refused to submit to the breath test, you have only 10 days to file a request for a hearing where you can challenge the results. Usually, the state will suspend your license for 1 to 3 years for refusing to submit to the test or 90 days to 1 year for failing the test and blowing a .08 or above. But if the police office does not appear at the hearing, they fail to file certain documents before the hearing, or they failed to follow their own legal requirements in conducting your breath test, DMV might not suspend your driver's license.
The second track, which is separate from the implied consent suspension proceedings, involves the criminal charge of DUII, which requires you to appear in court personally. A failure to appear will result in a warrant for your arrest. At this hearing, the court will formally advise you of your charges, and give you the opportunity to enter what is called a "diversion program", if you qualify. If you qualify and you successfully complete the program, your DUII charge will be dismissed and not result in a conviction on your record.
Can I get a hardship permit?
A hardship permit allows you to drive to work, medical appointments, to and from drug or alcohol treatment, and to look for a job. If you had your license suspended and had a valid Oregon driver's license at the time your license was suspended you may be able to obtain a hardship permit. A hardship permit will not be issued to you if your license was revoked.
What are the penalties for a DUI?
Typically, most first time DUI offenders enter the diversion program and if successfully completed, will not have a conviction on their record. If you do not fall into that category, either for failing to complete the program, or not qualifying for the program, a first DUII conviction will carry with it the penalties of probation, jail time, a license suspension, a fine of $1000 to $2000, additional court costs and assessments, an alcohol and drug assessment plus treatment, and attendance at a victim impact treatment session. The penalties for each successive DUII conviction climb higher and higher. You could face a lifetime revocation of your driver's license for a third DUII (at any time in your life) and you could even face prison for a third DUII within ten years.
What's the diversion program all about?
The DUII Diversion Program is a program designed to enable offenders to avoid having a conviction on your record by completing a series of requirements including completing a drug and alcohol assessment and possibly a treatment program, attending a victim impact panel class, installing an ignition interlock device on your car and using it during your participation in the program, payment of the required fees to the court. The full details of requirements and eligibility criteria can be found on the state's official website here.
Contact our Portland DUI defense attorney if you want to find out if you could beat a DUI charge.