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DUII Information

IMPORTANT INFORMATION ABOUT OREGON DUII LAW To view one of the following topics, click on the link below: RULE NUMBER ONE: KEEP YOUR MOUTH SHUT! DUII is a Serious Criminal Charge DUII Diversion Agreements DMV License Suspension for Breath Test Failure / Refusal How to Request a DMV Implied Consent Hearing RULE NUMBER ONE: KEEP YOUR MOUTH SHUT! This is the most important thing to remember. When you have been stopped and are suspected of being DUII, the police officer is no longer your friend. EVERYTHING that you tell him/her will be written out in a report which that police officer will use when testifying against you. NOTHING that you say will help you. You CANNOT talk your way out of a DUII. Always ask for a confidential telephone consultation with an attorney. A. Alexander Hamalian can be reached by cell phone at (503) 313-6522, or the office at (503) 222-3641. Generally, after the police officer arrests you for DUII, he/she will take you to the police station and ask you to take a breath test. During the requisite 15 minute observation period before you can take the test, the officer will "interview" you, using a DUII Interview Form. Some of the questions include: Have you had any alcohol? If so, how much have you had? Rate your level of sobriety on a scale of 1 to 10 Have you ingested any prescription drugs in the last 24 hours? Have you taken any illegal drugs in the last 24 hours? How do you think that you did on the Field Sobriety Tests? Click on the image below to see a copy of a DUII Interview Form. This DUII Interview Form is used by the police to get you to incriminate yourself. If your case ends up in court, would you rather have the police officer and district attorney able to quote you -- sometimes out of context -- discussing your sobriety and other potentially damaging statements, or would you rather leave the police officer and district attorney with less potential evidence to present to the jury? If you take nothing else from this website, please think before you speak, and NEVER speak to the police when you are suspected of a crime -- beyond politely identifying yourself -- without your lawyer present. DUII is a Serious Criminal Charge Oregon law is strict on DUII charges. Oregon Revised Statutes (ORS) Chapter 813 is the main source of DUII law in Oregon. To read ORS Chapter 813, click here. First, pursuant to ORS 813.170, a DUII charge cannot be dismissed or reduced in exchange for a plea to a non-DUII charge through a plea bargain (i.e., a "wet" reckless) -- a practice common in other states, including Washington and California. Second, pursuant to ORS 813.020, a person convicted of DUII in Oregon must spend a MINIMUM OF TWO (2) DAYS IN JAIL (except in VERY RARE instances when a person may perform substantial amounts of community service in lieu of jail). Third, pursuant to ORS 813.010, the MINIMUM fine to be imposed for a DUII conviction is $1,000. Furthermore, due to a 2003 amendment (effective January 1, 2004), a person convicted of DUII in which a person under 18 years old (and more than three years younger than the driver) was a passenger can be fined up to $10,000! DUII Diversion Agreements Effective January 1, 2004, the law regarding entry into a DUII Diversion Agreement changed substantially. Prior to this year, a person who had not had a prior DUII or diversion within the previous ten (10) years could participate in diversion. The only requirements were that the person opt to enter diversion within thirty (30) days of arraignment on a DUII charge, complete an assessment, complete recommended treatment, demonstrate a verifiable period of at least ninety (90) days of sobriety, and, at the end of a one year period, that person would have his/her DUII charge dismissed. The only real consequence of failing to complete diversion under the old law was that the person would be kicked out of the program and forced either to enter a plea bargain or go to trial. Under the amended diversion law, a person charged with DUII must still choose whether to enter diversion within thirty (30) days of arraignment, complete an assessment, complete recommended treatment, demonstrate ninety (90) days of sobriety, and will qualify for a dismissal; HOWEVER, in order to participate in the DUII Diversion Program, the person MUST plead either GUILTY or NO CONTEST to the DUII charge and face the fact that if the person fails to complete diversion successfully, then the GUILTY or NO CONTEST plea will be entered and the person will be sentenced to JAIL time, a substantial fine, driver's license suspension, and other serious consequences. Effective January 1, 2006, those who hold a CDL are presumptively excluded from the diversion program. To view the diversion statutes as amended, click here to view a page containing ORS 813.200, 813.210, 813.225, 813.230, and 813.255. DMV License Suspension for Breath Test Failure / Refusal Perhaps the most important initial effect of a DUII arrest is the near certainty that your driver's license will be suspended. Although you almost certainly have not been arraigned on your DUII charge (and, in SOME instances, you may never be), your driving privileges WILL BE suspended thirty (30) days after a breath test failure or refusal -- for a period of time ranging from ninety (90) days to three years, depending upon your DUII history and whether or not you took the breath test. This suspension is separate from -- and in addition to -- any suspension that will be imposed after any DUII conviction. The suspension will still be in place even if you are acquitted of the DUII or the charge is dismissed. For more information, please click here for the DMV Implied Consent Suspensions form (in .PDF format). How to Request a DMV Implied Consent Hearing In order to have any chance of preventing this suspension from taking effect automatically, you MUST request -- in writing -- a DMV hearing and that request must be RECEIVED by DMV within ten (10) days of your failure or refusal or you will waive your right to such a hearing. Click here to read the DMV Administrative Rules governing Implied Consent Hearing Procedures (including the minimum requirements for a written hearing request). Of course, if you don't feel comfortable filing this request or appearing at the hearing, any criminal attorney can be of assistance. If you retain counsel to represent you at the hearing, you do not even need to appear. The foregoing information provided by: Law Office of A. Alexander Hamalian* The Pennoyer Building 714 SW 20th Place Portland, Oregon 97205 Telephone: (503) 222-3641 Facsimile: (503) 274-7975 *Mr. Hamalian offers a free initial telephone or office consultation and price quote on any criminal or traffic matter in Washington, Oregon, or Federal Courts in Oregon and Washington. Our other attorneys offer a free initial telephone or office consultation and price quote on any criminal or traffic matter in Oregon. ATTENTION: The presentation of information on this website is not intended to -- and does not -- constitute legal advice. Additionally, no attorney-client relationship is formed by accessing, viewing, or submitting information via this website. © 2008 Law Office of A. Alexander Hamalian. All Rights Reserved.