People facing charges of driving under the influence of intoxicants often have several questions. In addition to not knowing much about Oregon’s laws, they have lots of misconceptions based on anecdotes or TV shows. This is problematic because they may not be aware of the rights they have under the law. They may also make costly mistakes that could be easily avoided. In this post, our Portland DUI attorneys will look at some of the most common questions that clients or potential clients have.
What Are My Rights When I Get Stopped by Police?
You don’t have to comply with every request a police officer makes. When the police pull you over, you must give the officer your license, registration, and proof of insurance when they ask. However, you have the right to refuse to answer questions, take a field sobriety test or take a breath test. You also have the right to refuse to let an officer search your car. And of course, you have the right to remain silent.
It is important to note that you may still face consequences when you assert your rights. For example, if you refuse a breath test, your driver’s license will be suspended for one year. This is automatic and mandatory. You, therefore, need to carefully weigh the pros and cons of refusing. You also need to ensure that you’re polite and non-confrontational even when asserting your right to remain silent or refuse a search.
Can I Be Charged with a DUII if I Used Marijuana?
Yes. Even though the recreational use of marijuana is legal in Oregon, it’s illegal to drive if you’re impaired by this drug. If your driving seems to be impaired but your breath test indicates that you aren’t under the influence of alcohol, the police will test for marijuana and other drugs. An officer who is trained as a Drug Recognition Expert will carry out the test.
Can Over-the-Counter or Prescription Drugs Lead to a DUII Charge?
Again, yes. Even if you’re taking the drug exactly as recommended or prescribed, you can be charged if it impairs your driving. Whether it’s cough syrup or Ambien, you could find yourself facing the courts. These DUIs are no less serious than those resulting from the use of alcohol or illegal substances. You will, therefore, still need to hire a Portland DUII lawyer.
Can I Get Charged with DUII I’m Biking or Boating?
Many people assume that DUIIs only apply to people driving motor vehicles. That’s not the case. The police can charge you with a DUI if you were riding a bicycle or operating a boat. If you get convicted, the penalties will be the same as if you were driving a car.
Can A DUII Conviction Be Expunged from My Record?
If you get convicted of driving under the influence of intoxicants in Oregon, it will stay on your record forever. Some people think that since other crimes can be expunged, the same applies to DUIIs. However, this is not the case. Furthermore, no matter how much time has passed since your last DUI, it will affect your sentencing if you get convicted again. The insurance company may reduce your premiums if you go five to seven years without a DUII conviction. However, the courts don’t ignore your offenses after a certain period.
Can A DUII Conviction Impact My Travel Plans?
If you want to visit Canada, you’ll be turned away if you have an impaired driving conviction and you don’t get prior permission. Even if you entered the state’s diversion program, Canada will not allow you to enter if you just turn up at the border. To be admissible, you will have to enter via a Temporary Resident Permit (TRP) or through Criminal Rehabilitation. A TRP allows you to enter Canada for a specific reason, usually work or business, and for a specific duration. Meanwhile, if more than five years have elapsed since you completed your sentence, you may be able to enter the country. You will have to prove that you’ve been rehabilitated.
Contact the Trilogy Law Group Today!
If you have been accused of driving while under the influence of intoxicants, you need to contact the Portland DUI lawyers at the Trilogy Law Group. The sooner you do so, the better it will be for you. We’ll review your case and do everything we can to get you the best possible outcome. Whether you’re completely innocent or you made a terrible mistake, we can help. We’ll also answer all your questions and help you to understand the law. Book a free consultation today and learn more about what we can do for you.
