You know more is at stake than your record when you get a DUII. A DUII can carry serious consequences such as jail time, a suspension of your driver’s license, skyrocketing insurance rates, and losing your livelihood. As a result, the stress and anxiety of being charged with a DUII can become overwhelming. When faced with a DUII, you should seek counsel from an attorney to protect your rights and minimize the impact on your day-to-day life.
You shouldn’t fight the charge yourself or plead guilty out of desperation—none of these actions are necessary, and it’s often a mistake on your part to even try to do this on your own.
In some situations, your case may be dismissed as a matter of justice. It’s possible that a DUII can be beaten for inaccurate reporting, an invalid traffic stop, a challenge to the validity of testing, a violation of your rights, or a violation of protocol. As you can tell, from the prosecutor’s angle, a DUII isn’t all that cut-and-dry. When you challenge a DUII charge, you’ll benefit from a lawyer who knows the procedures, protocols, and testing that goes into arresting someone for a DUII. This means that the prosecutor will be made to show that each procedure, protocol, and test was done properly. Each instance of the arresting officer’s failure to do things right is a hole poked in the prosecutor’s case.
No single DUII case is the same, so it’s important to review your case based on its specific circumstances, analyze the facts, and discuss the best options for you. As a client, you’ll be educated on the DUII defense process, legal proceedings, our technique, and will be given relevant advice along the way. You can rest assured that this will be presented to you in a digestible, logical, and understandable way.
Getting you through your DUII charge
After you are arrested, you should contact an experienced Oregon DUII attorney as fast as practicable. Why? Because time is of the essence. After the arrest, the clock starts ticking on your ability to request a hearing with the DMV regarding the suspension of your license. During this hearing, your attorney will help you challenge a suspension of your driver’s license by presenting evidence favoring a reinstatement of your license.
This is my first DUII charge; do I qualify for a diversion program?
If you want to get the DUII charge dropped and you have not gotten a DUII in the past 15 years, we can help guide you through getting a diversion approved by the court. The diversion program allows you to have the DUII charge dropped once you complete a comprehensive 12-month program, which includes:
- A signed agreement to stay away from drugs and alcohol for one year
- The installation of an ignition interlock device in your automobile
- Attending a Victim’s Impact Discussion Panel
- Agreeing to an alcohol evaluation and treatment
- Paying a filing fee to the court
The diversion program is an all-or-nothing proposition. If you fail to complete any of these conditions within the 12-month deadline, the diversion agreement between you and the court will be void, and you will be convicted and sentenced. A lawyer will help guide you through getting the diversion program approved and make it their goal to leave no stone left unturned.
This is not my first DUII charge; do I qualify for a diversion program?
While it is possible that you may qualify for a diversion program, it is unlikely. You have more on the line when you are charged with a DUII for the second or more times. The stakes include thousands of dollars in fines, possible jail time, and the loss of your license.
Contact an attorney to discuss your options and your chances of a DUII dismissal or diversion.
We will discuss your case and explain how we can get you to where you want to be. Schedule your free phone consultation by calling us at 503-278-5400 or filling out an online case evaluation form.