If you’re accused of DUII (driving under the influence of intoxicants) in Oregon, it’s important to know certain aspects of the legal process. If you fail a breath or blood test–or refuse one–your license will be suspended. The privilege of driving in Oregon is subject to what is known as “implied consent” to breath or blood tests for the use of substances. The suspension of a license under the statute is independent of criminal charges for DUII. Challenging that suspension is rather unique, and must be made in writing. In general, most people are not aware of these facts, and just take what’s been decided. The question is, should you? After consultation with an experienced Portland DUII attorney, you may decide you shouldn’t.
In any case, most motorists will be eligible for a diversion program, unless there has been a prior conviction for DUII, or DUII while driving a commercial vehicle, for example. Diversion requires a guilty or no contest plea, and the judgment will be held, pending the successful completion of the program. If the program is completed successfully, the charges will be dropped. Only a consultation with a great defense attorney will help you decide whether to pursue these options, or to fight the charges outright. Ed Kroll & Justin Johnson will keep you well informed, no matter what you choose.
Plea bargaining in these cases is prohibited under Oregon law, but what this means is that your lawyer will look for sentencing consideration, rather than pleading to a lesser charge, which is prohibited.
Extreme DUI involves the death or injury of another person as a result of driving under the influence, and is a felony charge. Such cases are not eligible for diversion programs, and obviously involve much stiffer fines and potential jail time. Whether it’s a conventional DUII, or E-DUI, you can count on the best criminal defense in Portland with Ed Kroll and company. Call today!