Driving Under the Influence of Intoxicants (DUII) is the most common criminal charge in Oregon. Over 15,000 arrests a year are made. Oregon does not have lesser charges, such as DWI, OWI, or “wet reckless.” In addition, Oregon law forbids the state from dealing a DUII charge down to a lesser offense. It is DUII or nothing.
Facing a DUII charge can be a difficult experience. If you arrested for drunk driving, having an experienced attorney who can prepare your defense, fight to maintain or reinstate your driving privileges, and work to defend your case can make a big difference.
Edward Kroll is a former prosecutor, and worked extensively as Multnomah County’s “DUII Deputy.” This is a prosecutor position tasked solely with the intake, analysis, and trial of DUII charges. Edward Kroll has handled thousands of DUII cases, and he will bring all of this knowledge and experience to your defense.
DUII arrests are made up of two separate, parallel cases:
The two cases do not interact, and the result of one has no impact on the result of the other.
You have only 10 days from the date of your arrest to challenge the DMV suspension. There is no penalty to you for doing so – the very worst that can happen is that the suspension you are already facing stays in place. Nothing more substantial can happen to you on that case.
The suspension lengths run either 90 days, 1 year, 2 years, or 3 years, depending on the facts of your case and your driving history. The suspension is all or nothing – it is never shortened or increased.
If you hire a DUII attorney to defend you, then your attorney will request the DMV hearing for you. You can also request the DMV hearing yourself by going online.
Because there is no penalty for having the DMV hearing, it is always in your best interest to have your attorney request it.
If you are facing your first-ever DUII, then you may be eligible for the Diversion program, which is a way to get the DUII off your record without a conviction.
To qualify, you must not have had any court-ordered drug or alcohol treatment of any kind in the past 15 years, you must not have had a DUII-related incident in the past 15 years, and you must not have been convicted of vehicular assault, manslaughter, or homicide in the past 15 years. In addition, you cannot have a commercial driver’s license, and you cannot have injured anyone with your intoxicated driving.
Diversion has many requirements which you should discuss with your attorney, but the main ones are as follows:
Diversion is an attractive option to many people facing DUII charges for the first time, but it has significant risks and obstacles. Discuss your case with your defense attorney to see if Diversion is the right choice for you.
If you are not eligible for Diversion, then you will either have to go to trial or take a plea bargain. Regardless of what you choose, if you are found guilty of a first-time DUII, you will face the following penalties:
If you are facing a second-time conviction, then the minimum base fine is $1,500, and your license could be suspended for 3 years. In addition, most counties will require a minimum of 20 days in jail, with others going as high as 50 or 60 days.
If you face your 3rd DUII conviction in 10 years, then this is a felony. The minimum fine is increased to $2,000, you will lose your license for life, and you will do a minimum of 90 days in jail, without reduction of any kind. Keep in mind that 90 days is the minimum. Many courts will impose up to 180 days in jail for a felony DUII conviction.
A 4th DUII conviction carries even more substantial consequences, including a minimum of 18 months in prison, with a maximum of 5 years behind bars.
If you decide to fight your DUII charge, you will need the help of an experienced lawyer. As a former DUII prosecutor, Edward Kroll specializes in assisting people accused of DUII.
There are many avenues of attack available to us. We will challenge the police actions that led to your stop. We will attempt to discredit the field sobriety tests and other observations made by the police. If you gave a breath sample, we will aggressively cross-examine the police and other state witnesses about the machine and its lack of accuracy. If you did not give a breath sample, then state has less evidence to work with, and we will adjust our tactics accordingly.
We will fight your DUII case to the very end, and we will argue hard for the jury to see things our way.
For further and more detailed DUII information, please see Mr. Kroll’s DUII Defense website at www.pdxduiguide.com.
As a former prosecutor, Edward Kroll is ready to defend you or a loved from an accusation of DUII. If you have further questions, or are ready to fight your charge, call Portland DUII defense lawyer Edward Kroll today for a free and confidential consultation.