DUI with Assault Charge in Oregon
Sometimes a DUI is more than just a DUI. Sometimes people get hurt—and not only the driver. A charge of drunk driving with injury, whether the injured person is in the same vehicle or another, brings about far more serious consequences.
I’m Andy Green, Portland DUI attorney, and I’ve got extensive experience defending people just like you facing a DUI with assault charge penalties. I’ve even tackled a case where a police officer sustained injuries in the accident. Whatever charges you’re facing beyond a DUI, I’ll help you formulate an effective defense.
Oregon does not recognize vehicular assault as a distinct crime. If you injure someone when you’re driving a vehicle under the influence of intoxicants (DUI/DUII), you’ll typically face collateral assault charges (Assault IV, Assault III, or Assault II) along with the DUI.
In the event of a second-degree assault that would put you under ballot Measure 11, which requires a mandatory minimum of 70 months in prison. Sometimes refer to these collateral charges as a Measure 11 DUI even though DUI itself is not a Measure 11 crime.
Other related charges can include:
With the right Portland DUI attorney, you can plea-bargain a Measure 11 DUI down to a non-Measure 11 charge. You can also opt to go to trial aiming for acquittal if a motion to suppress fails to get charges dismissed.
Assuming that someone was injured in some way during the DUI incident, there are three categories of assault charge you might face:
Assault IV or fourth-degree assault is a class A misdemeanor.
Assault IV is most commonly committed when someone is injured knowingly, intentionally, or recklessly.
Although this type of assault frequently results from a fist fight, it’s also commonly a collateral charge with DUII crashes where someone is injured.
While normally a class C felony, When assault in the third-degree is charged along with a DUI it becomes a class B felony.
An Assault III is charged with a DUI when there is a serious physical injury to another person.
Second-degree assault is a class B felony.
More severe than the first two instances of assault, II Assault comes about when someone is seriously physically injured and shows extreme indifference to human life.
Assault II falls under ballot measure 11 which also requires a mandatory minimum of 70 months in prison.
If you’re facing a DUI with assault charge penalties, you need a Portland DUI attorney who specializes in these types of charges. I’ve worked with a multitude of combined charges, and I I can formulate an effective defense tailored just for you.
Since there’s no eligibility for DUI diversion when a DUI comes with collateral charges of injury or assault, you’ll need the best attorney to lessen the impact of those charges.
Get in touch. I’ll help you move forward even if the future doesn’t look so bright right now. A DUI with an assault charge in Oregon doesn’t need to be the end of your world.
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Many people think they do not have a choice to take the field sobriety test. However, you are not required to take the test in Oregon. If the officer did not explain that the test was voluntary, we can seek to suppress the results.
Speak with a skilled field sobriety test lawyer prior to talking with anyone else. Contact my law firm to begin building your defense to your DUI charges today.