Did you know? You will fail a DUII field test if your blood alcohol reading is 0.08 percent or higher. For drivers under 21 years of age, any amount of alcohol in the bloodstream constitutes a failure of the sobriety test.

Drivers who fail a DUII test will have their Oregon driver’s license confiscated. The arresting officer will issue a temporary permit for 30 days, after which suspension is in effect and the temporary permit is invalid. The length of suspension from the Oregon Department of Motor Vehicles (DMV) for DUII arrests varies as follows:

* For failure of a breath test, DMV suspends driving privileges for 90 days, and for one year if you have any prior alcohol-related offenses in the last five years.

* For refusal to take a breath test, DMV suspends driving privileges for a year, and for three years if you have prior alcohol-related offenses in the last five years.

* For refusal to take a urine test, DMV will suspend driving privileges for one year, or for three years with prior alcohol-related offenses.

* For refusal to take a blood test while receiving medical care after a collision, DMV will suspend driving privileges for 90 days, and for one year if you have prior alcohol-related offenses in the last five years.

* For failure of a blood test for DUII while receiving medical care after a collision, DMV will suspend driving privileges for 90 days, and for a year with prior alcohol-related offenses.

Oregon drivers convicted of DUII who still have driving privileges are required to return any license in their possession to the DMV when a suspension begins.

The Oregon DMV may also suspend driving privileges for DUII or related conviction in another state.

Suspension times also vary for DUII while driving a commercial vehicle.

If you’ve failed a blood test for DUII, you need attorneys like Gilroy & Napoli on your side. And if you are convicted of a DUII, please follow the sound advice of your DUII lawyer and complete the generous programs offered by the state. You’ll be glad you did!

Oregon DUII

Increased DUI Saturation Patrols Scheduled Over Thanksgiving Weekend and Throughout the Holiday Season

Drunk driving is one of America’s deadliest crimes. In 2008, 11,773 people died in highway crashes involving a driver or motorcycle rider with a blood alcohol concentration (BAC) of .08 or higher. The picture for women is particularly disturbing: nationwide, 21% of the 5,473 female drivers killed in crashes in 2008 had BAC levels of .08 or higher.

These frightening statistics are the very reason why police departments all over Oregon, and across the nation, are joining forces, from Thanksgiving weekend to New Years’ Day, to conduct DUII saturation patrols. The goal is not only to arrest impaired drivers, and protect everyone else on the road, but also to create general deterrence through high-visibility law enforcement; when the perceived risk of getting caught by law enforcement increases, the likelihood of choosing to drive while impaired actually decreases.

Gilroy & Napoli, DUII attorneys, would like to encourage each and every one of you to plan ahead and take extra care this holiday season. Please designate a sober driver or arrange for a sober ride home before beginning your evening of celebration.  Safe celebrating, and happy holidays, from Gilroy & Napoli.

In a Gazette Times editorial this week, the Corvallis paper opposed a Senate Bill that would allow police to set up DUII roadblocks in Oregon. Currently, Oregon is one of 12 states that do not set up DUII checkpoints, despite the authority granted by the 1990 US Supreme Court decision.

In the other 38 states, police departments announce the location of DUI roadblocks well in advance, and choose highly visible areas to reduce the risk of traffic accidents. At the DUII checkpoints, police funnel vehicles through the checkpoint and stop random vehicles to investigate for DUI violations.

In the editorial, the Times states “…we trust Oregon voters might just be fed up enough to reject amending the Constitution to clear the way for random DUII roadblocks…Our objections go to cost and effectiveness of the idea, its potential for abuse and the infringement on the rights of honest citizens to travel uninterrupted.”

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The DUII Diversion Program is often the best option for those charged with a DUII in Oregon. However, there are several requirements for the Program. To be considered eligible a person charged with a DUII one must swear to the truth of the following statements:

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It’s every parent’s nightmare.  Your teenager is driving home from a night of partying with friends, only to be pulled over by the police.  A simple traffic violation rapidly escalates into a Driving Under the Influence of Intoxicants (DUII) charge.  What can you expect, and how can you mitigate the consequences?

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Oregon created the Diversion Program to allow eligible offenders to avoid a DUII conviction.  If eligible, you may want to take advantage of this program.

The Diversion Program lasts one year, and requires that all elements of the program be completed to dismiss your DUII, including payment of upfront fees, completion of education courses, attendance at a Victim Impact Panel presentation, abstinence from usage of intoxicants, and maintaining a clean driving record.  Be aware, however, that there may be downsides in choosing to participate in a Diversion Program.  Therefore, you should contact an experienced Oregon DUII Attorney to better understand the specific requirements pertaining to your charge, and which of your legal rights could be impacted by a Diversion Program.

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Drug and alcohol tests used by law enforcement agencies vary from state to state, and in many cases, from jurisdiction to jurisdiction within states.  However, they do provide law officers with a generally reliable means of determining if an individual has consumed alcohol beyond the legal limit to operate a motor vehicle.  The purpose of this blog post is to make you aware of the following two DUII tests, both of which are commonly used throughout the state of Oregon.

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You made a mistake.  Now you are facing charges that could ruin your driving record, cost you your driver’s license, send you to jail or prison, and/or cost you thousands of dollars in fines and spiked insurance rates.  However, there is hope.  In the state of Oregon, eligible drivers charged with Driving Under the Influence of Intoxicants (DUII) can choose to participate in a Diversion Program, which upon completion, dismisses the offense.   Therefore, it is important to understand the law and to know your options when faced with a DUII in Oregon.

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