Oregon 3rd DUII Lawyer, Felony DUII Attorny - Eugene, Oregon - Arnold Law Office, LLC, Attorneys at Law

Repeat DUII (DUI, DWI) Offenders – 1st, 2nd, or 3rd Convictions (Eugene, Oregon Attorneys)

Warning: You only have 10 DAYS to request a DMV hearing to protect your driver’s license!

Often there is nothing to lose by trying an Oregon Driving Under the Influence charge if you are not eligible for Oregon’s diversion program. Consequently, you’ll need to hire a trial lawyer to make sure any plea offers are worthwhile.

Under Oregon law, a prosecutor cannot dismiss a DUII pursuant to negotiations. For instance, a DUII cannot be dismissed in exchange for pleading to a Reckless Driving charge.

In essence, you are negotiating for a recommended jail sentence. However, if there are other Oregon charges, such as Reckless Driving or other minor traffics (Careless Driving, Failure to Maintain a Lane, Speeding, etc.), you could negotiate those away in exchange for a plea of guilty.

Nonetheless, the big ticket item for most people is the DUII conviction itself. The conviction itself is often the worst thing about an Oregon DUII case due to the driver’s license suspension, the effects on employment, and how it ups the ante if you ever get cited for DUII again anytime during the rest of your life.

Horizontal Gaze Nystagmus Test

Horizontal Gaze Nystagmus Test

 

First DUII Under Oregon Law

1st DUIs are tried often in Oregon. The exposure to you for a conviction after a trial is relatively minor and will happen even if you plead guilty. The mandatory minimum for an Oregon DUII is two days jail or 80 hours community service work and a $1,000 fine (an additional $2,000 if your BAC was 0.15% or higher) AND you have to do the victim impact panel and alcohol treatment as part of probation. Most importantly you have a one-year Oregon Driver’s License suspension.

 

Second DUII Under Oregon Law

Whether or not you plead guilty or lose at trial, you face the same mandatory minimums as a 1st Oregon DUII. Here too, you are basically negotiating jail time, which would likely be the same or similar regardless if you went to trial or pleaded guilty. Each jurisdiction has a “standard offer” for repeat offenders. The mandatory minimum fine in Oregon is $1,500 (an additional $2,000 if your BAC was 0.15% or higher) .

The big hit for most people is the mandatory suspension through the DMV. If it is your 2nd conviction within 5 years, your suspension is for 3 years. However, you are eligible for a hardship permit after 90 days.

Third DUII Under Oregon Law and the Lifetime ODL Revocation

Again, whether or not you plead guilty or lose at trial, you face the same mandatory minimums as a 1st DUII. Here too you are basically negotiating jail time, which would likely be similar regardless if you went to trial or pleaded guilty. Each jurisdiction in Oregon has a “standard offer” for repeat offenders. These offers can vary dramatically between counties and municipal courts. The mandatory minimum fine is $2,000 (an additional $2,000 if your BAC was 0.15% or higher) .

The big hit for most people is the mandatory lifetime license suspension through the Oregon DMV. You are NOT eligible for a hardship permit after a lifetime suspension. However, after ten years, you may petition the DMV for reinstatement under ORS 809.235.

Fourth (Felony) DUII Under Oregon Law

Under ORS 813.010(5)(a), DUII is a Class C Felony if the current offense was committed in a motor vehicle and you have been convicted of DUII at least three times in the 10 years prior to the date of the current DUII. Felony DUII is classified as a category 6 on the sentencing grid, which means prison time if you have certain prior criminal offenses on your record. A Felony DUII is presumptive probation otherwise, unless the prosecutor attempts a departure sentence. Your attorney can give you more details about this.

Trial vs. Plea Agreements

A knowledgeable DUII lawyer, can attempt to negotiate you the most favorable resolution to your case. If you choose to take your case to trial, the officer and prosecutor will emphasize all of the purported signs of impairment. These include the normal signs that we all associate with intoxication (bloodshot eyes, slurred speech, sway, etc.) as well as the results of the field sobriety tests.

Other things emphasized at trial include driving issues. You often hear of a sway within the lane as an indicator (although not a violation of the motor vehicle code) or failure to maintain a lane (crossing over the line). Of course, there could be allegations of more dangerous driving that may or may not have explanations other than alcohol. Finally, the officer will give his or her opinion that you are under the influence of alcohol.

DUIIs are highly technical cases to try for the prosecution which require an experienced DUII trial attorney. Attorney Mike Arnold is a former Eugene city prosecutor and has experience both prosecuting and defending DUII jury trials.

Call 541-338-9111 for more information.

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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.