Hillsboro DUI Lawyers

Oregon has a zero-tolerance approach to drunk driving. If arrested, even first-time offenders can face penalties like loss of driving privileges, fines, and even jail or prison time. Potential problems don’t stop there: if you rely on your motor vehicle to run errands or commute, you may have to use expensive options like ridesharing or delivery services to meet your needs. Should you hold a commercial driver’s license (CDL), you may no longer be able to work. In some cases, your future employment may even be affected.

It’s a stressful situation that should be faced with help from a skilled Hillsboro DUI lawyer. At Harris Velázquez Gibbens, PC, we understand what’s at stake for you and will fight to reduce and even eliminate the impact of a DUI charge on your future. If you’ve been arrested, call us immediately at (503) 483-8896. 

Why Hire Us For Your DUI Case?

When you’re facing the loss of your driver’s license and potential jail time, you want an assertive and experienced criminal defense team to defend you. Harris Velázquez Gibbens, PC, in Hillsboro, OR, offers a team approach that ensures thorough coverage and skilled handling of your DUI case. 

• Extensive Experience With DUI Cases: Our criminal defense attorneys have a wealth of knowledge on DUI laws and defenses, having worked as county prosecutors and traffic judges. This background gives us a solid understanding of both sides of the criminal justice system.
• Thorough Case Review: Every aspect of your case, from police reports to plea offers, is thoroughly reviewed and discussed in our legal team meetings. This ensures no detail is overlooked.
• Aggressive Legal Representation: We provide assertive and effective defense strategies. Our goal is to protect your rights and achieve a favorable outcome for your case.
• Dedicated Client Focus: We prioritize your individual needs and circumstances. From the initial consultation to the final resolution, we ensure you are well informed and supported throughout the legal process.

Call 503-483-8896 now to schedule your consultation and get your case on our next team meeting agenda. Let the auto accident attorneys at Harris Velázquez Gibbens, PC, provide the assertive representation you deserve.

DUII in Oregon Explained

Driving Under the Influence of Intoxicants (DUII) is a serious offense with significant potential consequences. It is important to note that in Oregon, the terms DUI and DUII are often used interchangeably, but there is a key difference to understand. DUI stands for “Driving Under the Influence,” which is a more general term used in many states. DUII, on the other hand, stands for “Driving Under the Influence of Intoxicants” and is specific to Oregon law.

The term DUII is used to describe offenses involving drivers impaired by alcohol, drugs, or a combination of both. Oregon’s DUII laws cover not only alcohol impairment but also impairment due to controlled substances or inhalants. This makes DUII a broader term compared to DUI.

Criminal Penalties for DUII

Whether it’s your first, second, or felony DUII offense, potential penalties can range from costly fines and jail time to prison sentences. You may also experience: 

• A 1-3 year driver’s license suspension (in some cases, a lifetime suspension may apply)
• An order to undergo drug or alcohol treatment programs
• Hours of community service

Repeat offenders face even harsher consequences, with a third DUII offense classified as a Class C Felony, which carries serious legal repercussions.

Chapter 813 of Oregon’s state statutes outlines the enforcement and sentencing guidelines for DUII offenses. In Oregon, a blood alcohol concentration (BAC) of 0.08 percent or higher is over the legal limit. However, drivers can be charged with DUII if they are noticeably impaired, even if their BAC is below 0.08 percent. Cases where the BAC is over 0.15 percent are subject to higher penalties, often referred to as “Super DUII” enhancements.

An Oregon DUII Can Affect You in Other States

A DUII here can affect you in other states due to an agreement known as the “Driver License Compact.” Oregon participates in this arrangement, along with 44 other states and the District of Columbia. It requires Oregon to report any DUII convictions to the driver’s home state, assuming the home state is also a member of the Compact.

When your home state receives this report, it will generally take action to suspend your driver’s license according to its laws. This means that even though Oregon can only suspend your driving privileges within Oregon, your home state can impose its own penalties based on the Oregon DUII conviction.

The Compact works in reverse as well. If you are an Oregon-licensed driver and receive a DUI (or similar offense) in another state, Oregon will suspend your license if it learns of the criminal conviction. This ensures that DUII offenses have consequences that extend beyond the state where the offense occurred, promoting consistent enforcement of driving laws across member states.

If you are facing a DUII charge in Oregon but live in another state, or if you have an Oregon driver’s license and received a DUII in another state, it’s important to seek legal assistance. At Harris Velázquez Gibbens, PC, our experienced defense attorneys can help you understand the implications of your criminal charges and work to protect your driving privileges. 

What Should You Do If You Are Pulled Over for DUII in Hillsboro?

Being pulled over for a DUII can be an intimidating experience. Here are the steps you should follow to help protect your rights and handle the situation properly:

• Stay Calm and Polite: As soon as you are pulled over, take a deep breath and remain calm. Pull over to a safe location, turn off your engine, roll down your window, and place your hands on the steering wheel where the officer can see them. Always address the officer respectfully. Avoid making sudden movements or doing anything that might appear suspicious.
• Provide Required Documents: When the officer asks for your driver’s license, registration, and proof of insurance, calmly provide them. It’s a good idea to know where these documents are beforehand so you can access them quickly and without fumbling, which might raise suspicion.
• Exercise Your Right to Remain Silent: You are not required to answer questions about where you have been, what you have been doing, or whether you have been drinking. Politely say, “I prefer not to answer any questions without a lawyer present.” This is your right under the Fifth Amendment and can prevent you from inadvertently saying something that could be used against you.
• Decline Field Sobriety Tests: In Oregon, you can refuse to take field sobriety tests, which are designed to measure your balance, coordination, and ability to follow instructions. These tests are subjective and can be difficult to perform even if you are sober. Politely decline by saying, “I do not wish to take any field sobriety tests.”
• Submit to Chemical Testing: If you refuse to take a breath, blood, or urine test, your license will be suspended, and this refusal can be used against you in court. Oregon’s implied consent law means that by driving, you have already agreed to these tests. It’s generally advisable to comply with the request for chemical testing because refusal can lead to immediate penalties and make your case more difficult to defend.
• Document the Encounter: As soon as you can, write down everything you remember about the stop. Include details like the officer’s name and badge number, the exact time and location, what you were doing before being pulled over, what the officer said, and how you responded. This information can be important for your defense.
• Contact a DUI Lawyer: After you have been released, contact a drunk driving defense lawyer immediately. An experienced attorney can review the details of your arrest, challenge any evidence obtained improperly, and work to defend your rights. 

At Harris Velázquez Gibbens, PC, our DUI lawyers understand the stress and uncertainty that come with a DUII charge. Call us to discuss your case and find out how a qualified attorney can help you through this challenging time.

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Our Hillsboro, OR DUI Lawyers

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DUII FAQs

Can You Negotiate a DUII Charge Down to a Lesser Offense?

In Oregon, it is not possible to negotiate a DUII charge down to a lesser offense such as reckless driving. State law (specifically ORS 813.170) prohibits this practice. While plea deals of this type are common in some states, Oregon enforces strict regulations regarding drunk driving charges to maintain stringent criminal penalties for impaired driving.

However, other traffic crimes, such as reckless driving, failure to perform the duties of a driver, or criminal mischief in the second degree, can be subject to plea negotiations, reduction, and dismissal. These charges offer more flexibility for plea bargaining.

Since reducing a DUII charge to a lesser offense is not an option in Oregon, it’s important to have a strong defense strategy. An experienced DUII lawyer can review your case, challenge the evidence, and explore all possible defenses to protect your rights.

Can I Appeal My License Suspension?

Yes, you can appeal your license suspension in Oregon. If you wish to appeal, however, you must act quickly. The Oregon DMV only allows you to appeal your license suspension within the first 10 days from the date of your arrest. 

To initiate the appeal process, you need to contact the DMV and request a hearing, which will allow you to present your defense. It is important to note that this hearing is separate from your criminal DUII case and creates an independent court record. An experienced Hillsboro DUI lawyer can guide you through the required steps and help you work to avoid a license suspension. 

Am I Eligible for a Diversion Program?

In Oregon, diversionary programs offer an alternative to the usual penalties for drunk driving offenses. To qualify, you must plead guilty or no contest in court. However, certain conditions may make you ineligible.

• You are not eligible for a diversion program if you have had a court-ordered alcohol or drug diversion on your record within the past 15 years. 
• If you hold a Commercial Driver’s License (CDL) or if your DUII case involves an injury accident, you are automatically disqualified from entering a diversion program.

A criminal defense lawyer can help determine your diversion program eligibility and advocate on your behalf in court. At Harris Velázquez Gibbens, PC, we will help you find the best possible resolution for your case.

Do I Need a Hillsboro DUI Lawyer if This is My First Offense?

Facing a DUI charge for the first time can be highly stressful- if convicted, you could spend 48 hours in jail or at least 80 hours of community service. Hiring a DUI lawyer in Hillsboro can help ease your worries and provide the legal support you need.

Our DUI defense attorneys are here to help by thoroughly reviewing the charges against you and the evidence the prosecutor has collected. Our drunk driving lawyers will scrutinize every detail of your case, including:

• The actions of law enforcement and their reasons for pulling you over.
• The breathalyzer or sobriety test results that indicated you were over the legal limit.
• The circumstances and procedures of your arrest, including any potential violations of your constitutional rights.
• The evidence the prosecutor plans to use against you.

Hiring a DUI attorney is your first line of defense. At Harris Velázquez Gibbens, PC, we are dedicated to helping you through this challenging time and achieving a positive outcome for you.

Speak to a Hillsboro DUII Lawyer Today

Oregon’s zero-tolerance approach to drunk driving means that even first-time offenders can face severe penalties, including loss of driving privileges, costly fines, and jail time. At Harris Velázquez Gibbens, PC, we understand the serious impact a DUII charge can have on your life, and our experienced lawyers are here to help reduce or eliminate the consequences of your charge.

If you’ve been arrested for DUII in Washington County, don’t wait. Call our law firm immediately at (503) 483-8896 to schedule your consultation with a DUI lawyer. Let Harris Velázquez Gibbens, PC, provide the dedicated and knowledgeable defense you deserve, so you can move forward with confidence.

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Hillsboro, OR DUII Lawyer Team

The DUII legal team at Harris Velázquez Gibbens in Hillsboro, OR is committed to providing aggressive and comprehensive legal services for clients arrested under allegations of drunk driving and traffic crimes in a legal matter. Our attorneys have the right legal experience. Several of our criminal defense lawyers have worked as county prosecutors. Supervising attorney Rob Harris is a defense lawyer, who spent 10 years as a Municipal Court traffic Judge. Our full-service law firm is recognized and respected in all courts throughout the Portland Metro area and surrounding counties.

At times it seems the right legal services are not available. Not to worry, the solution is at hand. Depend on defense assistance from our qualified attorneys. By seeking legal consultation in a DUII drunk driving matter, the options become clearer. An initial consultation from our experienced Hillsboro DUII criminal defense attorneys will assist you by protecting your rights from criminal charges connected to drunk driving offenses. We offer clients the most effective defensive strategies and assertive representation.