When it comes to driving infractions, one of the worst is undoubtedly driving under the influence. Not only does it put you in danger, but it puts others on the road at danger as well. As an experienced DUI attorney in Oregon, we handle driver license suspension cases all the time. But one of the leading questions our clients have is why it’s called a DUII in Oregon. In effect, this subtle name change was a way for the state of Oregon and the prosecuting powers to be more comprehensive against those who are driving under the influence of intoxicants. So let’s explore why it’s referred to as driving under the influence of intoxicants in Oregon.
Expanding Influences Necessitated A New Definition
For many years, a DUI was simply referred to colloquially as drunk driving. But the fact is people are becoming intoxicated on a wider variety of substances now than in the past. When the offense is simply a DUI or “driving under the influence,” it doesn’t account for the other intoxicants that are really illegal. Now that we have a greater understanding of what can leave people intoxicated, the phrase “drunk driving” or DUI is no longer as relevant as it once was.
What Is Covered by the DUII Term
When you’ve been charged for driving under the influence of intoxicants, it could be because you are impaired from using a variety of substances. The definition of DUII in Oregon ensures that all forms of impairment are equally illegal. You could be impaired from alcohol, inhalants, substances, or even medications. To charge you appropriately, the state utilizes a variety of chemical tests to determine the presence of intoxicants. These tests include breath tests, blood tests, and urine tests. In the state of Oregon, if you refuse to take a breath test, it will result in the suspension of your license.
What’s the Difference Between DUI, DWI, and DUII?
Practically speaking, DUI, DWI, DUII all refer to the same crime. The different names for this crime really depend on the state and how they define this crime. That said, some states use different acronyms to describe and classify different crimes. For instance, in Texas, you can be charged with a DWI if you consumed both alcohol and drugs. But you can only be charged with a DUI if you’ve consumed alcohol.
What Happens After You’re Charged with a DUII
If you’ve never been charged with a DUII or if you have not had one in the last five years, it will likely be considered a “first offense.” This will result in administrative and criminal penalties. If you are lawfully arrested for a DUII for a first offense, generally you will be assessed a 90-day administrative license suspension even if you aren’t later convicted of the DUII. Should you refuse a chemical test, your license will be suspended for a year in most cases. Similarly, the conviction of a DUII will result in a one year license suspension. First offense DUIIs will result in the use of an ignition interlock device or IID. This device will be installed on the vehicle for one year after completing the licensed suspension period.
If you’re convicted of a first offense DUII, you may be sentenced to serve in jail or carry out community service. Your jail sentence could be as little as two days or as long as one year. Should you be sentenced to community service, you’ll be responsible for at least 80-hours but no more than 250 hours. In addition to jail or community service, there are fines involved for first time DUII. At minimum, you will be assessed a $1000 fine plus a $255 conviction fee. The maximum fine is $6250. Additionally, you will need to complete a screening interview to figure out which substance abuse treatment program is right for you. You are responsible for completing this program as well as paying for the cost of the program and the $150 fee for the screening.
For those with first-time DUIIs, you could qualify for the diversion program offered by the state of Oregon. You will be required to plead guilty or offer no contest to the charges. Should you successfully complete the diversion program, your case will be dismissed after one year. The diversion program is an option for everyone and requires that the driver file petition within the court and pay a $490 filing fee. Additionally, you’ll need to file this petition within 30 days after being charged with a DUI.
During the program, you will be required to complete a substance abuse treatment program, refrain from using any alcohol, drugs, or other intoxicants, use an IID during the diversion program, and attend victim impact treatment sessions. After the completion of the program and paying the appropriate fees, the driver can apply to have the court dismiss the case.
Contact Us Today for DUI Attorney Services
Have you been arrested for a DUI or DUII in Bend or Deschutes? Don’t let fear, discouragement, or a lack of knowledge make you plead guilty. When you partner with the DUI attorneys at Donahue Law Firm, we can offer you the aggressive and skilled representation you need during this stressful legal process. Together, we can create a plan of action that will help you get an outcome that is favorable to you. Contact us today to receive your initial consultation.