Oregon Controlled Substances DUII - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Oregon Controlled Substances DUII

In Oregon, a district attorney can charge someone with DUII (Driving Under the Influence of Intoxicants) for any one or a combination of three things: alcohol, controlled substances (such as prescription narcotics, marijuana, methamphetamine, etc.) or inhalants.

While it is easier to measure the level of alcohol in someone’s body via a blood draw and/or breathalizer, it is very difficult to measure how much drugs are in someone’s body. it is very important for a DUI defense lawyer to have a knowledge of the science of controlled substances and the drug recognition evaluation process (DRE).

The DRE process is a hocus pocus process where a drug recognition evaluator tries to predict what will be in someone’s urine based on what the person says they ingested. Surprise, surprise, they get it right when they are told the answer. However, history and records show that they are often wrong in their controlled substance prediction when someone does not admit to the controlled substance. That is why it is imperative for your DUII defense attorney to order the “rolling logs” of the DRE.


The other interesting thing about Oregon DUII law is that the police rarely test someone’s blood. Blood is the only way to determine if someone actually has drugs (or alcohol for that matter) in their blood.  But Oregon instead tests urine which only has metabolites of controlled substances and has little to nothing to do with what is presently in someone’s blood.

Oregon DUII Diversion is available for first-time controlled substances DUIIs just like for alcohol cases.

The attorneys at Arnold Law, led by The Eugene Weekly’s “Best DUI Lawyer,” understand the complicated discovery processes and science involved in controlled substances DUII cases.

For more information, explore our website or call 541-338-9111 (or live chat to the right or fill out the form to the left).

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  • Representative Cases

    DUII (Driving Under the Influence of Intoxicants)

    DUII - Eugene Railroad Tracks

    Client accused of driving on to railroad tracks when officer finds client exiting from the driver's side of a vehicle stuck on tracks 1/4 mile from the nearest road. Case dismissed after jury trial after discovery that law enforcement failed to investigate homeless witnesses who remember a woman driving a car through their bedroom at 3 a.m.

    DUII - Cottage Grove Railroad Tracks

    Client accused of turning down railroad tracks by mistake. Client claimed that the actual driver ran away from scene after getting stuck. Mistrial granted by judge then case dismissed after negotiations due to prosecutor failing to disclose a material witness who saw someone running from the direction of client's car a few blocks away from tracks..

    DUII - Refusal Due to Fear of Law Enforcement

    Client refused to blow after having one of friend's homebrew after work. Client's refusal of FSTs and intoxilyzer was due to lack of trust of law enforcement. Jury acquitted (found not guilty) after three hours of deliberations.

    DUII - Springfield Tavern Collision

    Client accused of driving his truck into the side of the bar causing damage and then fleeing scene. Law enforcement arrested him later at his home after he had some drinks at home. After a two-day Springfield Municipal Court jury trial, where cross-examination focused on the police officers' flawed investigation (by failing to investigate client's claims of drinking at home AFTER driving), and after less than thirty minutes of deliberation, the jury found him not guilty of DUII. Client did not testify.

    DUII - Car accident after Ducks game ends with dismissal

    Client was seriously injured and required a hip replacement after a driver ran a stop sign and collided with his car. Despite client not being at fault in the accident, a blood draw at the hospital purportedly showed that client had a greater-than .08% BAC and he was cited for DUII. Arnold Law conducted an investigation of the hospital blood draw procedures and obtained the user guide for the hospital's Beckman Coulter Chemistry Analyzer that was used for the blood test. We were prepared at trial to prove that Client's BAC was on its way up, that there was a delay in blood vial being tested that likely resulted in fermentation of the sample, and that the hospital blood test was not as accurate as a crime lab blood test which was not performed in this case. The case was dismissed two days before the jury trial.

    Diversion-eligible DUI dismissed

    Client accused of DUI after being stopped for entering a crosswalk while stopping at a red light. Client’s breathalyzer result was .05%, and he was still accused of DUII. Case dismissed after client rejected diversion and decided to proceed to trial with aggressive defense strategy and several witnesses willing to testify to his lack of intoxication on the night in question. Case resolved with a plea to a traffic violation and a fine.

    DUII/Hit and Run - Diversion on both counts

    Client accused of Driving while Intoxicated, crashing, and fleeing the scene. Case ended with a diversion on both counts, saving client’s employment and allowing client to have clean criminal record.

    DUII - Protecting professional licensing from state licensing board

    Professional client was accused of driving while intoxicated and crashing into a utility pole with .15% blood alcohol content. Client had prior DUII diversion. Case ended with client being able to keep professional license, dismissal of all citations, and minimum sanctions allowed by law.