Will I Go To Jail?

Mon, 24 Mar 2008 23:26:05 GMT

Oregon law says that Driving Under the Influence of Intoxicants is a Class A misdemeanor. The maximum penalty is one year in county jail and a $5000 fine. DUII can be a considered a felony if you are convicted of four DUII offenses in a ten year period. If this happens, you will be sentenced to a minimum of 13 months in the State penitentiary. Typically, though, in Oregon, if you are a first offender, you will be offered Diversion. Diversion is a program established by law that allows a person who is a first offender to avoid a conviction upon completion of certain requirements established by the court. If you are convicted of a DUII in the State of Oregon, the minimum sentence that can be imposed is two days in the county jail or 80 hours of community service, a $1000 fine, and a one (typically) a one year drivers license suspension. Typically, county court judges will impose a jail sentence anywhere from 515 days of jail. For second offenses the fine will be a minimum of $1500. For a third offense the fine will be a minimum of $2000. Obviously, the jail sentence imposed on a second or third offense will be significantly greater than the sentence imposed on a first offense. The only way to keep from being jailed is to fight your case and win.

Am I A Bad Person, Because I Was Arrested For Dui?

Mon, 04 Jun 2007 21:51:22 GMT

No. Driving after drinking responsibly is not a crime in Oregon. It is legal to drive after drinking alcohol. However, you are well advised to never, never smell like alcohol while behind the wheel. If you do, and you are pulled over by the police, you will be arrested. Many, many innocent people are arrested each day in Oregon for DUI.

Can I Plea Bargain My Way Out Of A Dui?

Tue, 29 May 2007 21:19:00 GMT

In Oregon a DUII will never be pleabargained to a nonalcohol/controlled substance offense. The legislature has passed a law that makes such plea agreements unlawful. The prosecutor has no discretion to dismiss the DUII offense in exchange for a plea of guilt to a different offense. ORS 813.170

For How Long Will I Have To Attend Alcohol Classes?

Tue, 29 May 2007 21:19:00 GMT

The alcohol classes typically mandated by the courts last twelve weeks. The court staff will evaluate you. If you have a significant problem with alcohol or drugs, you may be ordered to attend intensive treatment which could mean having to attend classes two or more times per week. As a term of your probation you will be required to pay for the classes. You will also be required to abstain from the use of alcohol and nonprescribed controlled substances for the term of the classes.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar Yes
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

I Lost My Oregon License. May I Obtain A License In Another State.

Tue, 29 May 2007 21:19:00 GMT

In most cases, no.

If I Had A Prior Conviction For Dui Within 5 Years Of My Recent Dui Arrest, What Will Happen To My License If I Am Convicted?

Mon, 04 Jun 2007 21:51:22 GMT

The court will suspend your license for a period of three years.

If I Had Three Serious Offenses Within 5 Years, What Will Become Of My License?

Tue, 29 May 2007 21:19:00 GMT

You will be deemed by the DMV as a habitual offender. Your license will be revoked for 5 years.

Is Self-Service Gas Now Allowed In Oregon?

Tue, 29 May 2007 21:19:00 GMT

Yes, Selfservice gas is now allowed in Oregon.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Yes

May I Exceed The Speed Limit When Passing?

Tue, 29 May 2007 21:19:00 GMT

Exceeding the speed limit while passing on a twolane road is specifically prohibited.

What Are My Rights?

Tue, 29 May 2007 21:19:00 GMT

You have the right to enter a plea of not guilty and have a trial either to the court or to a jury of six.
You have a right to be represented by your attorney throughout the trial and at all proceedings leading up to trial.
If you do not have the money or means to hire an attorney, you may ask the court to appoint one for you without cost to you, and one may be appointed.
You are presumed innocent of the charges pending against you, and that presumption of innocence will remain with you throughout the trial unless and until the prosecution presents sufficient evidence to prove you guilty beyond a reasonable doubt.
At the trial you have the right to confront the witnesses called to testify against you and to crossexamine those witnesses.
You have the right to present evidence in your own defense and to compel the attendance of witnesses by subpoenas issued by the Clerk of the Court.
You have the right to remain silent at the trial in your defense. If you choose to remain silent, your silence cannot be used against you.
If you are convicted, you have the right to appeal to a Higher Court to review the judgment of the Court.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Firearms are permitted in the vehicle.
Studded tires are permitted from November 1 to April 30.
Tire chains are required in certain local jurisdictions based on conditions.
Oregon has a seat belt law with primary enforcement for all occupants.
Oregon has a mandatory child restraint law for passengers under 17 years of age. Children under age 4 and weighing less than 40 pounds must use approved car safety seats.
Oregon has a mandatory motorcycle helmet law.
Registration and insurance card must be carried in the vehicle

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Future prooftype law applicable for uninsured accidents. Nofault insurance is required. Minimum limits: $25,000/50,000/10,000. Persons convicted of DWI are required for 3 years to have minimum limits of $50,000/100,000/10,000.

What Are The Speed Limits In Oregon?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute Interstate 65 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential 25 mph

What Can I Do To Save My License?

Tue, 29 May 2007 21:19:00 GMT

First and foremost, hire an experienced attorney. There are many factors to consider.
Request a hearing and request the officer's presence. It will give you a preview of a trial, a rarity in criminal cases. The officer who signed the affidavit and notice of hearing must show up and justify the revocation. Other officers may be subpoenaed.
Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.
Check the times of events. Officers must perform the tests within certain guidelines.
Attend the motor vehicle hearing. Listen for mistakes of facts and other errors.

What Happens After A Dui Arrest In Oregon?

Tue, 29 May 2007 21:19:00 GMT

Motor Vehicle Hearing: To preserve your right to drive in Oregon, you must request a hearing within 10 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 30 days. If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. This temporary license is good for only 30 days. If you lose your case at the hearing, your license will be suspended when the temporary license expires. It is our opinion you should request the officer's presence at the hearing. Crucial defenses can be developed at the hearing, and if you want to substantially increase your odds of winning your case, or need to know whether your case is winnable, you will need to request a DMV hearing. Arraignment: This is the date on your ticket, about 30 days after your arrest. If you have an attorney and are not on bond, you will probably not have to appear. It is primarily for advisement of rights. If you have an attorney, he will advise you. Pretrial Conference: Your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your attorney on his calendar. Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pretrial conference. Trial: Almost always a trial to a jury of six. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, probation, alcohol classes, fines, and license suspensions.

What If I Burped Within Fifteen Minutes Of Blowing?

Tue, 29 May 2007 21:19:00 GMT

The breath machine may have read alcohol from your stomach rather than your lungs. The result will be incorrect. A similar problem occurs with dentures and people who suffer from gastroeseophageal reflux disease (GERD), heartburn or hiatus hernia. The breath test machine is merely making a guesstimate of you blood alcohol level based upon what is coming out of your lungs. The accuracy of the guestimate is predicated on many presumed factors. These presumptions often are not justified for many individuals.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Laws Are Unique To Oregon?

Tue, 29 May 2007 21:19:00 GMT

Motorists may not be detained while police officers seek and retrieve drugsniffing dogs unless officers have a warrant.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the local authorities or to the Motor Vehicle Division, 1905 Lana Ave. NE, Salem, OR 97314.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes

Where Is Photo Radar Used?

Tue, 29 May 2007 21:19:00 GMT

Photo RADAR is actively employed in the cities of Portland and Beaverton.