DUII, Driver’s License & Diversion Information
DMV Suspension, DUII Conviction, and Your Driver’s License
- I just got charged with Driving Under the Influence of Intoxicants. Is my license going to be suspended—and is there anything I can do to stop it?
- If I fail or refuse a breath, blood, or urine test, and the suspension is upheld at the DMV hearing, how long will my license be suspended—and how long until I am eligible for a hardship permit?
- Is it really worth it to contest the DMV suspension?
- Is it possible to obtain a hardship permit after a DUII conviction?
Jail, Fines, and Fees
Diversion
Pleading Guilty versus Trial
Civil Compromise
Felony DUII
DMV Suspension, DUII Conviction, and Your Driver’s License
Q: I just got charged with Driving Under the Influence of Intoxicants (DUII). Is my license going to be suspended—and is there anything I can do to stop it?
A: There are 2 different ways a person may lose their driving privileges. The first way a license may be suspended is if there is a failed or refused breath, blood, or urine test. If you failed or refused a breath, blood, or urine test, a license suspension will go into effect on the 10th day after your arrest, unless you, or an attorney on your behalf, request a DMV hearing to challenge the supsension. The request for a hearing must be in writing, may be faxed to the Hearings Management Unit at 1-503-945-5521, and must be received by the Unit no later than 5 p.m. on the 10th day after your arrest (including weekends and holidays).
The DMV hearing to appeal the suspension will be held normally within 30 days of your arrest date. Your attendance at the hearing is not required if you retain a lawyer to appear on your behalf. The most common reasons for the suspension to be overturned are: (1) failure of police to appear at the hearing; (2) failure of police to conduct a lawful stop; (3) failure of police to accurately administer the test; (4) failure of police to accurately complete paperwork and submit it in a timely manner.
The second way a person may lose their license is if they are convicted of DUII or other driving charges. After a first conviction for DUII, the suspension is 1 year; after a second conviction for DUII, the suspension is 3 years. A third DUII conviction results in a lifetime driver’s license revocation. If a person successfully completes diversion (see diversion information, below), there is no conviction and therefore no additional license suspension—aside from any suspension imposed because of a failed or refused breath, blood, or urine test.
Q: If I fail or refuse a breath, blood, or urine test, and the suspension is upheld at the DMV hearing, how long will my license be suspended—and how long until I am eligible for a hardship permit?
A: That depends on (a) whether you failed or refused the breath test; and, (b) whether you have any prior incidents for DUII within the past 5 years. You will face more severe license sanctions if you refused the test and if you have a prior incident of DUII within the past 5 years. Refer to the DMV information on suspension times and the table, below:
| ACTION | STANDARD SUSPENSION LENGTH no prior in the past 5 years/ waiting period for hardship permit | ENHANCED SUSPENSION LENGTH prior in the past 5 years/ waiting period for hardship permit |
| Breath Test Failure | 90 days / 30 days | 1 year / 1 year |
| Breath Test Refusal | 1 year / 90 days | 3 years / 1 year |
| Blood Test Failure | 90 days / 30 days | 1 year / 1 year |
| Blood Test Refusal | 1 year / 90 days | 3 years / 1 year |
| Urine Test Failure | none | none |
| Urine Test Refusal | 1 year / 180 days | 3 years / 2 years |
Q: Is it really worth it to contest the DMV suspension?
A: Yes. It is always a good idea to contest the license suspension, and to have a lawyer do so on your behalf. The suspension will never be any worse if you contest it, and losing the hearing does not harm your case in any way. It is difficult, but possible, to win the hearing and overturn the suspension. Finally, the hearing may provide information which can be used to your benefit at trial.
Q: Is it possible to obtain a hardship permit after a DUII conviction?
A: It is possible to obtain a hardship permit after the first or second DUII conviction. However, there are more hoops to jump through in obtaining a hardship permit after conviction than after a DMV suspension. To obtain a hardship permit after a DUII conviction, the convicting judge’s approval is required, as well as an ignition interlock device. Keep in mind that there is a significant waiting period of 30 days, 90 days, or 1 year prior to the ability to obtain a hardship permit. Read here for for more information.
Jail, Fines & Fees
Q: If I am convicted of DUII or any of the other driving charges I’m facing, can I go to jail?
A: Yes, you certainly can. Fortunately, there are things that you and your attorney can do to reduce your liability for jail time.
A misdemeanor DUII conviction carries a term of probation, and a maximum of one year in jail. A misdemeanor DUII conviction carries a minimum of 2 days in jail or 80 hours of community service, a $1000 fine, and a 1 year driver’s license suspension. As you would expect, the sentence sought by the prosecution (number of days in jail; amount of the fines, length of probation) will be greater if you have prior convictions for DUII. In addition, crimes such as Criminal Mischief II (property damage), Assault IV, Recklessly Endangering Another Person, Reckless Driving, and Failure to Perform the Duties of a Driver, all carry jail time of up to one year.
Other factors, aside from your driving record, which may increase the amount of jail likely to be imposed include: (a) your level of intoxication at the time of the offense; (b) whether anyone was injured; (c) the county or municipal court of your case; (d) whether there was a passenger or child in your vehicle; and (e) whether the judge feels you have accepted responsibility for your actions.
Contact Graham Fisher or a similarly qualified attorney to ensure that you do everything you can to reduce your risk of jail—and, ideally, stay out of jail completely.
Q. How much is it going to cost if I am convicted of DUII?
A. Oregon law requires a minimum fine of $1,000 for a first DUII conviction; $1,500 for a second conviction; and $2,000 for a third conviction. In addition to the fine, expect to pay: (a) approximately (b) $300-400 in fees and assessments to the court; (c) $150 for an alcohol evaluation; (d) $50 for the victims impact treatment panel; (e) fees for each of assigned alcohol / drug classes; (f) a monthly probation fee if the sentence includes a period of supervised or enhanced bench probation.
These fines and fees may be spread out over the period of probation. Additionally the prosecution will seek restitution for any monetary damages caused by the case. See civil compromise, below, for more information.
Diversion
Q. What is a Diversion?
A: In essence, diversion is a process by which a person may enter and complete treatment, in exchange for the dismissal of a DUII charge. Successful completion of diversion results in the dismissal of the DUII charge, but does not necessarily mean that any other charges you face will be dismissed.
Q: Who is eligible for Diversion?
A: A person is probably eligible for diversion if: (a) They have not been convicted of DUII within the past 10 years; (b) they have not engaged in court-ordered drug or alcohol treatment within the past 10 years; (c) nobody else was injured as a part of the DUII; (d) they did not have a commercial driver’s license at the time of driving; (e) they were not driving a commercial vehicle; (f) they have not been convicted of injuring or killing anyone resulting from the operation of a motor vehicle within 10 years of the offense; and (g) they do not have another criminal charge involving a motor vehicle pending.
Q: Where do I attend treatment?
A: You select your treatment provider with the evaluator’s office. A list of state certified DUII treatment providers can be found here
Q: What should I consider in deciding whether to enter diversion?
A: Diversion is not right for everyone. The most common reason people decline diversion is that they have a very strong defense at trial. You should talk with Graham Fisher or a similalry qualified attorney about whether diversion is the best choice for you.
Q: When do I have to decide whether to go into diversion?
A: The court generally requires that a person decide whether to enter diversion within 30 days of being charged with DUII.
Pleading Guilty versus Trial
Q: How do I decide whether I am better off pleading guilty or going to trial?
A: At some point, usually 1-2 months after the filing of charges, the prosecutor will extend a pretrial offer. Your attorney does three main things to help you in making your decision about whether to go to trial: (1) provide you with an expert evaluation of the strength of your defense, including whether any evidence may be excluded by the judge; (2) negotiate with the prosectuor; and (3) advise you on the potential benefits and risks of going to trial, based on your case and your unique situation. It is important that you have confidence in your attorney to provide you with the best possible advocacy and advice in these matters.
Ultimately, the decision of whether to go to trial is yours. It usually takes at least several months, sometimes longer, for a case to actually go to trial before a jury or a judge.
Civil Compromise
(Q) What is a civil compromise?
(A) Civil compromise is a process by which a person who suffered loss or inconvenience from certain crimes may notify the court that they have received something that has satisfied them for their loss. The court may then dismiss certain charges.
Only an attorney may approach a person about a civil compromise. In some cases, it may be very advantageous you to agree to a civil compromise with the other party; in other cases, it may not make a great deal of difference in the final result of your case. Graham Fisher has experience helping his clients achieve civil compromises that benefit and satisfy all parties involved.
Felony DUII
Q: What is Felony DUII?
A: A person may be charged with Felony DUII if they have 3 prior DUII convictions within 10 years of the date of the current alleged offense.
Helpful DUII Links:
- Hardship Application
- Hardship Permit Info
- Treatment Providers
- Ignition Interlock Info
- IID Provider List
- Habitual Offender Revocation
- Order Your ODL Record
- Reinstating Your Driving Privileges
- Do I need to file an accident report
- Entering Canada
Note: Websites, including this one, provide general Oregon DUI information but do not provide legal advice or create a lawyer / client relationship. General information cannot replace legal advice specific to your case, problem, or situation. Consult a qualified Oregon DUI attorney for advice about any specific problem or DUI charge that you have. Oregon attorneys are governed by the Oregon Code of Professional Responsibility. This website may be considered an advertisement for services under the Code. Information contained in this website is believed to be accurate but is not warranted or guaranteed.