What to Do After Getting a DUII in Oregon
you have been charged with a duii…
If you have been arrested for a DUII in Oregon, you should contact an attorney immediately. There are important deadlines that begin running as soon as you are arrested, and missing one can affect your ability to challenge a license suspension or pursue other options in your case.
The days after an arrest can be confusing. You may have paperwork from the police, an upcoming court date, and a notice from DMV—all while trying to determine whether you can drive and what will happen next.
Every DUII case is different. This article provides general information about Oregon law and is not legal advice for your specific situation.
Contact an Attorney as Soon as Possible
Do not wait until your first court date to speak with an attorney. One of the most important deadlines in your case may expire before you ever appear in court.
An attorney can help you request a DMV hearing, preserve evidence, review your release conditions, and begin investigating the traffic stop and arrest. Early involvement is especially important when there may be surveillance footage, body-camera video, witnesses, or other evidence that could become more difficult to obtain as time passes.
An attorney can also help you avoid making decisions before you understand how they may affect both your criminal case and your driving privileges.
Do Not Miss the 10-Day DMV Deadline
A DUII arrest may result in two separate proceedings:
A criminal case in court; and
An administrative license-suspension proceeding through the Oregon DMV.
If you failed a breath test or refused a breath, blood, or urine test, DMV generally must receive your request for an implied-consent hearing no later than 11:59 p.m. on the tenth day after your arrest. You cannot request the hearing by telephone. The request must be submitted online or made in writing by fax or mail.
A DMV hearing gives you an opportunity to challenge whether the proposed suspension is legally valid. It may also allow your attorney to question the officer under oath and gather information that could be useful in defending the criminal case.
If you miss the deadline, you may lose your opportunity to challenge the implied-consent suspension. Instructions for requesting a hearing are available on the Oregon DMV Implied Consent Hearing page.
The correct deadline and procedure can depend on the type of test and the notice you received. This information is not a substitute for having an attorney review your paperwork and advise you about your particular case.
Understand That the DMV Case and Criminal Case Are Separate
The DMV process and the criminal case are related, but they are not the same proceeding.
The DMV proceeding concerns your driving privileges. The criminal case determines whether the State can prove the DUII charge against you. Winning the DMV hearing does not automatically result in dismissal of the criminal case. Likewise, dismissal of the criminal charge does not necessarily undo an administrative license suspension.
It is possible to face an implied-consent suspension before the criminal case is resolved. A DUII conviction may also result in a separate suspension. Depending on your circumstances, you may need to consider a hardship permit, ignition-interlock requirements, treatment requirements, or other steps before you can legally drive.
Do not drive unless you are certain that you have valid driving privileges. Driving while suspended can result in a new citation or criminal charge and may make an already difficult situation worse.
Because license consequences vary significantly based on a person’s record and the facts of the arrest, you should obtain legal advice before relying on general information about suspension periods or hardship permits.
Do Not Discuss the Details of the Arrest
After an arrest, it is natural to want to explain what happened. Be careful about discussing the details with friends, family members, coworkers, insurance representatives, or anyone who may later be contacted as a witness.
Do not post about the arrest on social media. Avoid discussing:
How much you drank or consumed;
When you stopped drinking;
Where you were before the traffic stop;
Whether you felt impaired;
Why you decided to drive;
What you told the officer; or
What you believe the officer did wrong.
Statements, photographs, videos, text messages, and social-media posts may later be obtained and used in the case. Including any searches on AI platforms like Chat GBT.
You should also avoid contacting witnesses to compare stories or tell them what to say. Instead, give their names and contact information to your attorney so the facts can be investigated appropriately.
Communications with your attorney are generally confidential. Conversations with friends and family usually are not. This is general information, however, and an attorney can advise you about confidentiality and privilege in your specific circumstances.
Write Down What You Remember
Police reports are usually not available immediately, and memories fade quickly. As soon as possible, write down everything you remember about the incident. Keep your notes private and provide them directly to your attorney.
Consider including:
Where you were before driving;
What you ate, drank, or consumed;
Approximately when you ate or drank;
Any medications you took that day;
When you began and stopped driving;
The reason the officer gave for stopping you;
What questions the officer asked;
How you responded;
Whether you performed field sobriety tests;
How the tests were explained and demonstrated;
Whether you took or refused a breath, blood, or urine test;
Whether you asked to speak with an attorney;
How you felt physically during the investigation;
Any injuries or medical conditions that affected you; and
The names of anyone who saw you before, during, or after the stop.
Save any receipts, text messages, photographs, location history, rideshare records, or other information that may help establish a timeline. Let your attorney know if a nearby home or business may have surveillance footage. Video is often deleted or recorded over, so it may need to be requested quickly.
Do not delete, change, manufacture, or ask someone else to alter evidence. If you are unsure whether something is relevant, preserve it and ask your attorney what to do.
Read Your Paperwork
Carefully review the paperwork you received when you were cited or released. It should include an initial court date and may contain conditions that you are required to follow while the case is pending.
Sometimes the District Attorney has not filed the charges by the court date listed on the citation. If that happens, it does not necessarily mean the case has been dismissed or is over. The District Attorney may decide to file charges later, and the court may then send notice of a new court date by mail.
Make sure the court and your attorney have your current mailing address and telephone number. Watch your mail closely, and do not ignore letters from the court, DMV, or an attorney’s office. Missing a court date can lead to a warrant and create additional problems.
If you hire an attorney, ask whether you need to personally attend each hearing. Requirements vary depending on the court, the type of hearing, and the facts of the case. Do not assume that you are excused from appearing unless your attorney or the court has told you that directly.
This is general information and should not be relied on to determine whether you must appear on a particular date.
Follow Your Release Conditions
Your release paperwork may include conditions that apply while the case is pending. Read those conditions carefully and follow them, even if you disagree with them.
Depending on the circumstances, release conditions may restrict alcohol or drug use, prohibit driving, require testing, or include other requirements. Violating a release condition can result in additional consequences, including the possibility of being taken back into custody. Also be sure that you have a valid license prior to operating a motor vehicle.
If you do not understand a condition or believe it needs to be changed, speak with an attorney. Do not simply ignore it. Only the court can modify a court-ordered release condition.
Do Not Assume the Case Is Hopeless
A failed breath test, an officer’s opinion, or poor performance on field sobriety tests does not automatically mean you will be convicted.
Depending on the facts, an attorney may need to examine:
Whether the officer had a lawful reason to stop you;
Whether the officer lawfully expanded the traffic stop;
Whether field sobriety tests were properly explained and administered;
Whether road, lighting, weather, or footwear conditions affected the tests;
Whether an injury or medical condition affected your balance, coordination, speech, or appearance;
Whether breath-testing procedures were followed;
Whether a blood or urine sample was lawfully obtained;
Whether the testing equipment and records are reliable;
Whether your statements were obtained in violation of your rights;
Whether video evidence supports or contradicts the police report; and
Whether the State can prove the charge beyond a reasonable doubt.
The police report tells the officer’s version of what happened. It is not the final word. It should be reviewed along with body-camera footage, dash-camera footage, test results, maintenance records, witness statements, medical information, and any other available evidence.
Not every case will have a successful legal challenge. An attorney must review the particular facts and evidence before advising you about possible defenses.
Ask Whether DUII Diversion Is Available
Some people charged with DUII may qualify for Oregon’s DUII diversion program. Diversion is not available in every case, and eligibility depends on a person’s history and the circumstances surrounding the charge.
A diversion petition generally must be filed within 30 days after your first court appearance unless the court allows a later filing for good cause. If you qualify and successfully complete the program, the DUII charge may be dismissed.
Diversion commonly requires:
An alcohol and drug evaluation;
Completion of recommended treatment;
Attendance at a victim-impact panel;
Payment of applicable fees and restitution;
Abstinence from alcohol and other intoxicants, with limited exceptions;
Compliance with laws and court requirements; and
Installation and use of an ignition-interlock device when required.
Diversion can be a good resolution for some people, but it should not be treated as automatic or as the right choice in every case. Entering diversion requires you to give up certain rights. Diversion generally applies only to the DUII charge and does not necessarily resolve other charges arising from the same incident.
The eligibility rules can be complicated, particularly if you have prior DUII arrests, convictions, diversions, commercial driving privileges, an accident, or other pending charges. The Oregon Judicial Department provides statewide diversion forms, but court forms and staff cannot give you individualized legal advice.
Speak with an attorney before filing a diversion petition or entering a plea so that you understand both the benefits and the consequences.
Be Careful About Starting Treatment Without Legal Advice
It may be helpful to address concerns about alcohol or substance use, especially when your health or safety is involved. However, treatment decisions can also affect how information is created, documented, or discussed in a pending case.
An attorney can help you understand the legal considerations and, when appropriate, identify reputable assessment or treatment providers. This does not mean you should delay emergency medical care or avoid seeking help when you need it. Your health and safety come first.
This article does not provide medical or treatment advice.
Take the Charge Seriously, but Do Not Panic
A DUII arrest can affect your license, employment, finances, insurance, and reputation. It is serious, but an arrest is not a conviction.
You may have defenses. You may qualify for diversion. There may also be steps you can take to reduce the effect of the case on your license and your future.
The most important thing you can do is act quickly:
Contact an attorney;
Protect the DMV hearing deadline;
Save anything that may be relevant;
Follow your release conditions;
Attend all required court appearances; and
Avoid making statements about the case until you have received legal advice.
Charged With a DUII in Oregon?
Baker Law provides individualized criminal defense representation to people facing DUII charges in Oregon. We will review the evidence, explain your options, and help you make informed decisions at every stage of the case.
Representation for the moment that shouldn’t define your future.
Contact Baker Law today to schedule a consultation.
Important Disclaimer
This article is intended for general informational purposes only. It is not legal advice and should not be relied upon as legal advice for any individual case. DUII laws, court procedures, and DMV requirements may change, and the outcome of a case depends on its specific facts.
Reading this article, visiting this website, or contacting Baker Law does not create an attorney-client relationship. An attorney-client relationship is created only through a written agreement signed by the attorney and client. Do not send confidential or time-sensitive information until an attorney-client relationship has been established.