DUI FAQ

Facing drunk driving charges is frightening. With your license on the line and a possible blemish on your record impending, it's likely that you have some questions about the process ahead of you.

At Mario F. Riquelme & L. Todd Wilson Partners At Elliott, Riquelme & Wilson LLP, we know that this can be an uncertain time. The following are questions we hear commonly from our DUI (known as DUII in Oregon) clients. If you have other questions, please call us to schedule an initial consultation at our office in Bend. Our attorneys can help you build a strong defense against the charges.

Is It Better To Submit To The Intoxilyzer Test, Or Not?

Oregon has an implied consent law, which means that anyone who operates a vehicle on public roads automatically agrees to submit to breath tests and chemical tests. Refusing to do so can lead to automatic license penalties that are longer than if you take the test and fail it.

License suspension can be challenged regardless of whether it was caused by a failed or refused test. In short, there is not one right or wrong answer. Instead, it depends on your situation.

How Will A DUI Charge Affect My License?

A DUI-related situation can affect your license in multiple ways:

  • Failed breath, blood or urine test: 90-day license suspension
  • Refused breath, blood or urine test: one-year suspension
  • Failed test with a previous alcohol-related incident on your record in the last five years: one-year suspension
  • If you are considered a habitual offender (three or more serious driving-related offenses on your record within five years): five-year license suspension

What Are The Minimum DUI Sentences?

Oregon has a mandatory minimum sentence of two days in jail or 80 hours of community services. Additionally, you will be charged a $1,000 fine. If your BAC was over .15 percent, the fee is $2,000. Your license will also be suspended for a year.

What Is Diversion?

Oregon has a DUII diversion program that can be completed in exchange for having your DUII charge dismissed. The diversion program has a $490 fee. Additionally, you will have to complete drug or alcohol treatment, attend a victim impact panel, and have an ignition interlock device installed in your car. You cannot consume any alcohol or drugs throughout the duration of the program.

Learn More In Your First Consultation

If you have been arrested for drunk driving and have other questions about the process, we can help. Call us today at 541-385-0144 or 800-513-6073 or send us an email to schedule a consultation with one of our experienced lawyers.