Our Oregon Criminal Defense Blog
Follow our attorney blog to stay current with changes to Oregon law, to get tips for protecting your rights when you are arrested, to learn strategies for avoiding DUII charges, and much more. We believe this information is valuable for all residents of Oregon.
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What is a DUII?Driving under the influence of intoxicants is operating a vehicle after consuming alcohol or other drugs to the degree that mental or motor skills are impaired.
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Why did I get charged with Felony Assault 3 when I punched a guy?In Oregon, if you assault, or punch, a person while being helped by another person, you could be charged with Assault 3, which is a C Felony.
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I blew in to the breathalyzer, but it gave two different resultsIn Oregon, the officer conducting the breath test is supposed to have you provide two samples and administrative rules determine if the results are valid.
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What’s the difference between DUI, DUII, and DWI?DUI, DUII, and DWI all refer to the same crime, but in Oregon, the crime is Driving Under the Influence of Intoxicants, shortened as DUII.
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Can I expunge my DUII? How about my DUII when I did diversion?Under Oregon law, driving offenses (including traffic offense convictions, such as speeding tickets) are not expungable.
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I blew under a .08, how can I be charged with a DUI?The legal limit for blood alcohol content (BAC) in Oregon is .08 percent by weight of alcohol in the blood. Thus, a BAC of .08 or higher, at the time of driving, would make you guilty of a DUI.
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What is the SCRAM device?SCRAM stands for Secure Continuous Remote Alcohol Monitoring and is one option for confirming non-consumption on a 24/7 basis.
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Measure 11 and Mandatory Minimum SentencingMeasure 11 imposes mandatory minimum prison sentences on perpetrators of violent crimes, such as varying degrees of sex crimes.
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Can I drink while in diversion?As of June 23, 2011, anyone entering in to the diversion program must agree, with a few exceptions, not to use intoxicants during the diversion period.
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I got arrested for a DUI, but didn’t fail the field sobriety tests, but did fail the breath test. What now?Oregon also has a law requiring you to submit to a breath test if asked by an officer. If you refuse, DMV will suspend your license for between 1 and 3 years.