A DUI (or, driving under the influence) is the crime of operating a motor vehicle, such as a car or truck, while under the influence of alcohol or other drugs. Sometimes known as a DWI, or a DUII in the state of Oregon, DUI charges are determined by testing the BAC, or Blood Alcohol Content, of the driver. BAC measures the amount of alcohol in your bloodstream through a breathalyzer test. The limitations vary from state-to-state, but if your BAC is in excess of 0.05% to 0.08%, you would more than likely be charged with a DUI. The higher your BAC, and the severity of the offense (for example, a routine stop versus a fatal car accident), the more intense your punishment may be.
After an arrest for a DUI, a driver will typically have their license suspended. A first offense may mean a suspension for 90 days to one calendar year. A first DUI conviction will result in a one year license suspension. A second conviction will be three years. And again, if the DUI is issued as the result of an accident that has caused major or fatal injuries to another party, there could be fines and jail time in addition to a license suspension.
There is no license suspension in the Oregon DUII Diversion Program, but participants are required to use an IID (Ignition Interlock Device). IID’s are just like they sound: devices that are installed in the ignition of a car that require a breath sample from the driver before they are allowed to turn the engine of their vehicle on. If the IID detects a trace of alcohol, the ignition will lock until a clean sample can be provided. The driver is responsible for all costs of the IID, including purchase of the device, installation, maintenance, and removal, throughout the course of the sentence. In the state of Oregon, anyone entered into a DUII Diversion Agreement must install the device, and anyone convicted of a DUII in court must also install the device in order to have their license reinstated.
If you or someone you know has been charged with a DUII in the state of Oregon, contact Portland DUI/DUII lawyer me at 1-503-477-5040