DMV License Suspension After DUI
One of the first impacts of a DUI accusation is the administrative license suspension that occurs following most DUI arrests. In general, the DMV seeks to suspend the operator’s license for persons who either fail a breath test after being arrested (.08 BAC or greater) or for persons who refused to provide a breath, blood, or urine test.
The length of the license suspension from DMV can range from 90 days to three years. Under some circumstances, the accused will be eligible for a temporary operator’s license or hardship permit. Typically, the drivers’ license suspension after a DUII is longer when the accused refuses a breath test.
Contesting the DMV License Suspension
Time is of the essence if you want to keep your license following a DUI arrest. If a DMV ordered license suspension is to be contested, a request must be made within 10 days of the DUI arrest date. To preserve your driving rights following an arrest for DUI, you should call the lawyers at Boender & Payment immediately for a free DUI consultation. Our attorneys will do everything we can to overturn your license suspension following an arrest for DUI.
The past 20 years have seen a judicial and legislative movement designed to increase the penalty for DUI offenders. The DUI attorneys at Boender & Payment counter this trend with vigorous and conscientious defense for Oregon DUI law violations. We employ a number of effective methods when defending clients charged with DUII, including use of forensic toxicology experts, private investigators, and accident / crash reconstruction.
Diversion Program Eligibility
Most first-time Oregon DUI offenders are eligible for the Oregon DUI diversion and deferred prosecution program. Although the laws pertaining to Oregon DUI diversion are complex, our attorneys can quickly screen your case for Oregon DUI diversion eligibility. There are critical time deadlines associated with DUI diversion entry. In order to preserve your rights following an arrest for DUII, call the Oregon DUI lawyers at Boender & Payment immediately. If your case is eligible, the attorneys at Boender & Payment can skillfully navigate you through the Oregon DUI diversion process with an eye towards dismissal of your case.
We Investigate, Defend and Negotiate on Your Behalf
A large portion of Oregon DUI arrests and prosecutions are not DUI diversion eligible. For such cases, the stakes are high and the chance of incarceration is real. Our DUI attorneys are skilled advocates during both DUI plea negotiations and DUI trials. Our lawyers use many of the best methods to effectively defend our clients during DUI prosecutions, which include filing motions to suppress evidence and statements that were produced in violation of constitutionally protected rights, and use of expert witness testimony to attack the breath test results or field sobriety test results.
When Does a DUI Become a Felony?
The Oregon DUI attorneys at Boender & Payment frequently defend people accused of felony DUI charges as well as misdemeanor DUI charges. Under Oregon law, a DUI is a felony charge if the individual has three or more prior DUI arrests in Oregon or elsewhere within the 10-year period preceding the current arrest. In most felony DUI prosecutions, the state attempts to place the offender in prison for a period of one year or longer.