A Driver Has 10 Days To Contest The Suspension Of Their License By The Oregon Department Of Motor Vehicles, If They Failed Or Refused A Breath Test
Interviewer: Are people aware that their license will be suspended if they are arrested for a DUII? What can you do to help them get their license back?
John Reade: The first and most important thing is in Oregon you have 10 days after the date of your arrest to contest the suspension of your drivers license by the Oregon Department of Motor Vehicles, for either failing a breath test or refusing to take a breath test.
A Prior DUII Breath Test Failure or Refusal or Conviction Can Lengthen the Suspension Period
Interviewer: What happens if someone has multiple DUIs or DUIIs?
John Reade: If within the past 5 years the person has any breath test failures or refusals their license suspension time by the Oregon Department of Motor Vehicles will be increased.
Then there is also a second license suspension by the court, if a person is convicted of driving under the influence. If a person has multiple prior driving under the influences convictions, within the past 5 years, then a judge will also increase their license suspension time.
What Evidence Does A Prosecutor Use in Court during a DUII Trial?
Interviewer: What can someone expect when they go to court? What evidence would be used by the prosecutor to try to convict that person?
John Reade: The officer will testify about what the officer saw, as far as driving, physical observations, and what the person said, as far as any admissions. The officer will explain the results of the standard field sobriety tests. The officer will say, whether in their opinion, the person passed or failed the standard field sobriety tests. Also, the audio and/or video recording will be admitted into evidence so the prosecutor can show the officer demonstrating the field sobriety tests, and the driver performing those field sobriety tests.
Penalties May Include Custodial Programs in Lieu of Jail in Oregon
Interviewer: What can someone expect if they are convicted for a DUII?
John Reade: Generally, some jail time or other custodial programs in lieu of jail. Other custodial programs would be things a person can do to physically stay out of jail. Typically one of them is home detention. Home detention is when a person has an ankle bracelet put on that they have to pay a daily fee for.
In addition, when the person is not working they have to stay at home, and the area surrounding their home. They can not go out and socialize. For example, if someone was sentenced to 10 days in jail then they would have home detention for 10 days, as opposed to doing any time in jail.
A First Offense DUII in Oregon Will Cost a Driver $2,500 to $5,000
Interviewer: How much, aside from attorney costs, does the average DUII cost, for a first offender?
John Reade: Probably $2,000 to $5,000 dollars, depending upon if it’s their first, second, third, or subsequent conviction.
Oregon Does Not Allow Driving Offenses to Be Sealed or Expunged from Their Records
Interviewer: If someone DUII Diversion or is convicted of DUII, would they be able to get their case or conviction sealed or expunged?
John Reade: No, in Oregon you cannot get driving offenses sealed or expunged.
A Third DUII Conviction in Oregon Can Result in a Lifetime License Revocation
I think another important thing to mention is in Oregon upon a third conviction for driving under the influence, the person’s license can be permanently revoked. What permanently revoked means is that they can not even ask a judge, for permission to get their license back for 10 years. Even after the 10 years it’s up to a judge’s discretion whether or not to allow them to get their license back. A judge can say, even if the person filed the appropriate legal documents to ask for their license back after 10 years, “I am not going to allow you to get your license back.”
Their license could also be permanently revoked if they are convicted of felony driving under the influence.