DUII

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Oregon’s DUII laws: A refresher

“At my lowest point, Ken has represented me, defending my legal rights when even I felt that I had no hope or defense.  Ken’s knowledge, diligence and legal methodology has allowed me to understand and withstand the challenges of my alcoholism.  Thank you, Ken.  I still carry a lot of your sage comments and advice with me.  You’ve made a big, positive impact on dozens by helping me.”

–M.R.

How to Fight a DUII

(Driving Under the Influence of Intoxicants)

Start by trying to get your license back.  You can challenge a license suspension by requesting a DMV Hearing.  The request must be made within 10 days of your DUII arrest, otherwise the suspension is automatic.  Be sure to request an “in person” hearing.

The criminal charge of DUII is separate from a license suspension for failing or refusing a breath, blood or urine test.

The legal standard for DUII is misleading.  Most people think .08 is the legal limit.  That’s only part of the picture.  Any impairment caused by alcohol or drugs constitutes DUII, whether you pass or fail the breath test.  That means if you’re impaired but your blood alcohol is lower than .08 you can still be convicted.  The good news is, a breath test failure or refusal does not automatically mean you’re guilty.

A DUII can be dismissed by completing Diversion–if you’re eligible.  If you aren’t, you still have rights that help protect you from a conviction.  Did you know the law commands a judge to tell the jury, they are not required to accept the breath test results?  What’s more, field sobriety tests can’t be used against you either if they were improperly requested.  And even high breath test results are not admissible if you were denied the chance to talk to a lawyer. Those are just some of your rights in a DUII case.

To learn more about DUII, checkout the video.

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