DUI Frequently Asked Questions

If you’ve been arrested for a DUI in Oregon you probably have many questions about the process and what to do next. With my (Andy Green) extensive DUI defense experience, I’ve compiled this list of frequently asked questions to aid you in moving forward after an arrest.

DUI charges in Oregon are serious and may have harsh consequences. You will need a strong defense attorney to help fight your case. Call my office at (503) 477-5040 for a free consultation to discuss your options.

What’s the biggest mistake people make after a DUI arrest?

The biggest mistake most people make after being arrested with a DUI/DUII in Oregon is not seeking the advice of a qualified attorney. Depending on the circumstances, drunk driving penalties can have severe repercussions. Issues related to DUI charges can follow someone for the rest of their life. It is of the utmost importance that you speak with me, or another attorney, before saying anything to the police.

Do I need to hire an attorney if I was arrested for a DUI in Oregon?

When it comes to getting a DUI/DUII in Oregon, an expert DUI Lawyer can not only get your charges and fines reduced but depending on the situation can have your case dismissed entirely.  If you are facing 2nd or 3rd DUI charges there are severe penalties to consider, and before you talk to any police officer or prosecutor it is imperative that you give me a call immediately.

How do I choose the best DUI attorney?

Call around and see who you feel comfortable with. Price is important, but not always the most important factor. Look for someone who communicates their experience and strategy well to you.

What can I expect on my initial free consultation?

We will discuss my strategy and approach to your case. I may not be able to give you legal advice at this point, but I can explain how we would proceed in your case and what to expect.

What happens if I refuse a breathalyzer test?

A couple of things. There is a minimum 1 year Oregon drivers license suspension and a $650 fine when you refuse a breathalyzer. It’s also increasingly common that the police will obtain a warrant and have a paramedic draw your blood. The blood will then be sent to the state crime lab and tested for its blood alcohol content.  Under Oregon Law, your driver’s license will be suspended from the DMV for refusing to take a breathalyzer or blood test.  An Oregon DMV hearing or Implied Consent Hearing will need to be scheduled within 10 days of the arrest to maintain your license.

I got a DUI while driving on a suspended license, what can I do?

Whether or not your license is currently suspended has no bearing on the DUI charge itself. There are no modifiers or changes to the arrest process or the DUI charge itself. You will, however, also have to deal with the extra charges or issues surrounding driving while suspended.

I’ve been arrested for a DUI, can I still drive?

Maybe. It depends on the situation. Most people are given 30 days before a license suspension goes into effect.

What is an Interlock Ignition Device? (IID)

An Interlock Ignition Device is court-ordered prevents and prevents a vehicle from starting if the driver has been drinking alcohol. If you have been charged with a DUI you may be required to pay and maintain an IID in Oregon.

What is DUI Diversion? Can I qualify?

According to Oregon law, a first time DUI/DUII offender can qualify for the Oregon DUI Diversion Program which allows for the dismissal of the drunk driving charge. There are certain requirements of the program which must be satisfied.

If I get a DUI in Portland, will I have to go to rehab?

The completion of an alcohol or drug abuse treatment program is a requirement of the DUI diversion program. Upon successful completion of the diversion program, the court will dismiss your drunk driving charges.

What happens if I violate terms of probation or conditions of my Diversion Program?

If you are under violation of the terms of probation or the Oregon Diversion program you will receive ‘An Order for Show Cause’ from the judge. This is a time sensitive notice that requires you to address the violations in order for the terms of your probation or diversion program not to be revoked.  If you have received an Order to Show Cause there can be severe penalties if revocation occurs. It is a matter of intense urgency that you call me, Andy Green to help you avoid prison time, fines, drivers license suspension and probation.