Driving under the influence of drugs or alcohol is always a serious offense. However, the more convictions you rack up, the more severe the penalties get. Notably, Oregon has some of the harshest penalties. The first and second convictions for driving while under the influence of intoxicants (DUII) are typically treated as misdemeanors. First-time offenders can potentially avoid incarceration by entering a diversion program or getting treatment and doing community service. However, repeat offenders don’t benefit from such leniency. If you have DUII charges, it’s best to speak with a DUII attorney in Portland, OR as soon as you can.
What’s a Felony DUII and What Does It Mean for Me?
If you get a third DUII within ten years, you will likely be facing a felony. A felony charge can also follow an accident suspected to be caused by impaired driving which resulted in injury or death. It will be a Class C felony and you will have to spend between 90 days and five years in jail and pay a fine of up to $125,000. In addition, your license could be suspended forever, although you may be able to petition the court to get your license back after ten years. The severity of your punishment will depend heavily on your record. If you have other felony convictions, you can expect a sentence closer to the upper limits for both fines and jail time.
Even though it’s not a violent crime, a felony DUII conviction can have a serious impact on your life. The consequences can be lifelong. You may lose your professional license, your job, and your reputation. You lose the right to vote, sit on a jury or own, possess or use a firearm. A felony conviction can even be a barrier to receiving financial aid, making it difficult to pursue further education. If you’re facing your third DUII, you need to work with a skilled DUII attorney in Portland, OR to avoid conviction. It’s important to note that every subsequent DUII conviction will be a felony regardless of when it occurs.
Furthermore, DUII convictions stay on your record permanently in Oregon. They aren’t automatically expunged after a certain time like they may be in other states. However, if you were arrested but not convicted, you can ask to have your arrest set aside. Given the permanence of a DUII, it is important to work with a DUII attorney in Portland, OR. This is the only way you’ll get a shot at keeping a felony off your record.
Potential Defenses Against a DUII Charge
Your attorney will analyze the facts surrounding your case and look for ways to fight the charge. There are many potential defenses to an impaired driving charge and one of them may be applicable to your situation. For example, the arresting officer may have pulled you over wrongfully or administered the blood alcohol concentration test incorrectly.
Even field sobriety tests can be conducted incorrectly. The officer may also have failed to follow the correct procedures regarding the chain of custody. This may be enough to get your case dismissed. In addition, your attorney will investigate to determine if the officer has a history of incorrect readings. They’ll also check to see if the officer failed to properly calibrate the breathalyzer unit.
Another potential defense could be that you have a medical condition that affected your chemical tests. If your lawyer can provide evidence of this through medical records or expert testimony, things could go in your favor. With a competent attorney on your side, you can fight your drunk driving felony. You can minimize the amount of trouble you’re In and limit the impact on your family.
Contact an Experienced DUII Attorney in Portland, OR at the Trilogy Law Group!
A felony DUII charge is no joke. It needs to be taken seriously if you don’t want a conviction on your record. Many accused drivers panic and plead guilty or say things that incriminate themselves. If you’re facing charges, you need to seek legal representation from a Portland, OR attorney with a solid reputation The sooner you contact a DUII attorney in Portland, OR, the better it will be for you.
At the Trilogy Law Group, we have several years of experience in defending residents against DUII charges. We have extensive knowledge of field sobriety testing and chemical testing and we know when police stops are illegal. We’ll take an in-depth look at your case and give you personalized advice. Our aim is to secure the best possible outcome. You can be sure that we’ll work hard to help you avoid a felony conviction. Contact us today to schedule a consultation.