DUII defense for Oregon drivers.

Under ORS 813.010, the per se limit is 0.08% blood alcohol concentration for most drivers, 0.04% for commercial drivers, and any measurable amount for drivers under 21. A driver can also be convicted at a lower BAC if the State proves impairment by alcohol, controlled substances, inhalants, or a combination.

DUII diversion under ORS 813.215 is generally available when you have no prior DUII conviction or diversion within the last 15 years, no other current DUII charge, your arrest did not involve a commercial driver's license, and the incident did not cause death or serious physical injury to another person. Successful completion typically results in dismissal of the charge.

Under Oregon's implied-consent procedures in ORS 813.410, you have 10 days from the date of arrest (or service of the notice) to request a DMV administrative hearing on the proposed suspension of your driver's license. Miss that deadline and the suspension generally goes into effect on day 30 without a hearing.

Arraignment is your first court appearance. The judge informs you of the charges, advises you of your rights, addresses release conditions (often including no-alcohol and no-driving terms), and sets the next court date. You enter a not-guilty plea so the case can proceed to evaluation and defense.

Not immediately. Oregon's implied-consent procedures generally trigger a 30-day temporary permit after a failed or refused breath test, with the proposed suspension taking effect at the end of that period unless you timely request a DMV hearing within 10 days. We handle both the DMV hearing and the criminal case.

Refusing the breath test under ORS 813.100 results in a longer administrative license suspension and an additional civil fine, and the refusal itself can be used against you in the criminal case. There may still be strong defenses to the refusal. We evaluate the stop, the warnings given, and the circumstances of the alleged refusal.

Direct costs include fines (often $1,000+ for a first conviction), court-ordered alcohol evaluation and treatment, ignition-interlock device installation and monitoring, license reinstatement fees, and significant long-term insurance increases. Diversion under ORS 813.215 also carries fees but can end with dismissal of the charge.

Generally no. Under ORS 137.225, DUII convictions are categorically excluded from set-aside relief. A successful DUII diversion that ends in dismissal of the charge is treated differently. The dismissed charge is not a conviction, though the arrest record may still appear unless separately addressed.