In Oregon, drunk driving is called DUII – “Driving Under the Influence of Intoxicants.” The state can prosecute for intoxication by: (1) intoxicating liquor, (2) controlled substances, (3) an inhalant, or (4) any combination of the above.
The law allows the state to prosecute a person whose blood alcohol concentration is less than 0.08% if the state can prove that the person was impaired to a “noticeable and perceptible degree.”
Additionally, the law allows the state to prosecute a person who is taking their medication as prescribed if the state can prove the person was impaired by their medication. An arrest for DUI can have serious consequences: incarceration, fines, driver’s license suspension, increased insurance costs, mandatory treatment, and loss of professional licensing. The DMV will automatically suspend a suspect’s license for failing or refusing a breath test if a hearing is not requested within 10 days.
First time DUI offenders are usually eligible for the diversion program. A defendant who goes through the diversion program can avoid jail, a license suspension, and a criminal conviction. However, the diversion program still has significant consequences including restrictions on driving, treatment obligations, and court fees.
I am an attorney based in Medford, Oregon, and I offer representation in all aspects of DUI law. This includes walking someone through the diversion process or representing a client in a felony DUI trial. My law office is in the heart of Jackson County, and I have represented hundreds of clients in Southern Oregon on DUI charges and other traffic offenses. I have won cases at trial, had cases dismissed before trial, and negotiated mitigated resolutions.