A Strong Defense Is Based On Knowledge And Experience

Penalties and potential defenses for driving under the influence

On Behalf of | Nov 16, 2023 | DUI |

If you are charged with driving under the influence of intoxicants (DUII) in Oregon, the penalties you may face can depend on several factors. These include whether it is your first offense, your blood alcohol concentration (BAC) level and other circumstances involved in the incident.

Penalties

The specific penalties may vary, but generally for a first offense, you may be required to complete jail time and community service, pay fines, face a driver’s license suspension for one year and complete a diversion program.

For a second offense, you may face longer jail time, higher fines and your vehicle may have to be equipped with an ignition interlock device. For third offenses or more, you could be charged with a felony and a lengthy prison sentence.

Defenses

There may be several defenses available to you. You can challenge the stop if the police officer did not have a valid reason to pull you over. You can also challenge the reliability of the field sobriety test you were given.

If you have a medical condition that affected your driving, you may be able to use that as a defense. Similarly, certain medications can make it seem that you were impaired when you were not.

If you can prove that the breathalyzer test was inaccurate due to a maintenance issue or a defect, that may help your defense, as well as if you can prove that your BAC was not at or over the legal limit. If there were witnesses to the incident, their testimony can help if it contradicts the police officer’s report.