Civil and Criminal Charges
Implied Consent
Penalties

If you have been arrested on drunk driving charges in Washington County, Clackamas County, or Multnomah County, David C. Clarke, Attorney at Law, can provide you with the representation that you need. Mr. Clarke, is here to ensure that your rights are protected. It is never wise under any circumstances to face the judge without proper representation on your side. Do not take your drunk driving charge lightly. Let Mr. Clarke make sure that your rights are fully exercised.

When you make the choice to drive while intoxicated, you are not only putting yourself at risk, you are putting everyone else on the road at risk. If you have been arrested on DUI charges, you need to be sure to have an experienced attorney on your side. The State of Oregon is hard at working cracking down on people who drive drunk or under the influence of drugs. If you are facing these charges, Mr. Clarke will make sure that you know your rights, and that you go to court prepared.

Mr. Clarke has flexible appointment hours to work around your schedule and reasonable rates. Call today for more information.

Civil and Criminal Charges

Anytime you drive while under the influence of alcohol or other potentially intoxicating substances, you face the possibility of being arrested for DUII or driving under the influence of intoxicants. DUII means that you will face charges in two different areas if you are arrested: criminal and civil. The criminal charge is a misdemeanor offense. First time offenders, who qualify, typically avoid the penalties by pleading guilty and electing to participate in a so-called diversion program. Successful completion of the diversion program results in a dismissal of the criminal charges. But beware, failure to complete the program results in a conviction and subsequent sentencing. The civil penalties are administrated by the Department of Motor Vehicles (DMV). The DMV can suspend your driving privileges if you are convicted of a DUII offense or fail the blood level alcohol test. In some cases, you may be able to get a hardship permit after serving part of your suspension. A hardship permit allows you to drive directly to work and back, without deviating from the route.

Oregon is working hard to crack down on people who drive while under the influence of intoxicants. In fact, you could be arrested for DUII for any number of other intoxicants, not just alcohol. However, you can be arrested only if the intoxicants have had an impact on you that a police officer can note. But the possibility exists for you to be arrested for DUII for any dangerous influence including prescription medications or being too tired to drive. Driving while in any way impaired is a very serious act in Oregon. Oregon places a responsibility on any driving individual to use good judgment and not drive if they are in any way impaired.

Oregon’s DUII laws do not pertain simply to driving on the road either. If you are found intoxicated while driving on any public areas, you can be arrested. You cannot be arrested if found driving on private property. It is critical for a person to never be behind the wheel of a motor vehicle if they are under the influence of any controlled substance.

You can lose your license through a DUII case with the DMV. It is your responsibility to ask for a DMV hearing. Otherwise, you will find yourself without a license immediately. Before you attend your hearing, it would be advisable to contact an attorney experienced in these kinds of cases. A lawyer can help to make you aware of your rights as well as ways that you might be able to retain your driver’s license.

Implied Consent

Whenever an officer stops you for suspicion of DUII, he will make note of your mental and physical conditions. The officer might take special notice of how well you are walking or talking. It is possible that you were pulled over for swerving, speeding or driving in some other dangerous manner. When you attend your DUII trial, that police officer will restate anything that he saw of importance, which could prove that you were intoxicated. Another way to prove intoxication is by presenting the results of a breath or blood test to show the level of intoxication.

If you are pulled over on suspicion of driving under the influence, you will likely be asked to submit to a roadside sobriety test as well as a blood or breath test. It is presumed that you gave consent to these procedures when you applied for your Oregon driver’s license. If you do not consent, you will lose your license for a period of time and be disqualified from the diversion program. Should you take and fail the test, you may lose your license for anywhere from 90 days to three years. In some cases, you could lose your driving privileges permanently.

Penalties

There are significant punishments for a DUII conviction. Even for a first conviction, you could lose your license for one year, serve as much as a year in jail, and pay fines of up to $5,000. In addition, you will need to be evaluated for any additional or related addiction problems. The findings could result in you being required to receive treatments. You would be held responsible for any of the costs associated with your evaluation.

Cases of DUII often can be quite complicated. As noted above, there are both civil and criminal charges possible. The police report detailing what the officer saw and heard is not readily available to you. The facts can be uncertain or misconstrued. Even if you were not driving in a dangerous way, you still can be arrested for DUII if, in the officer’s judgment, your ability to drive is impaired. All this boils down to making it more challenging for a person to contest the charges. In addition, penalties and consequences can vary depending upon many factors. You will be glad to know that I can guide you through both the civil and criminal processes and represent your interests every step of the way. Call for a consultation where I can review your case and explain the relevant law. Contact me at your convenience.