DUI Attorney Services
DUI Attorney
Central Oregon’s Trusted DUI Lawyer
If you or someone you care about has been arrested for a DUI or DUII charge in Bend or Central Oregon, then you know that you don’t have to be “drunk” to be arrested for drunk driving. In Oregon, you may be considered “impaired” based on field sobriety clues alone (such as bloodshot or watery eyes, or nystagmus), you can get arrested — regardless of whether you were drunk or not.
Oregon’s DUII statute gives law enforcement broad latitude to arrest. Just because you’re arrested, doesn’t mean you’re guilty though. That’s where we come in. The dedicated DUI lawyers at the Donahue Law Firm know how to attack DUI charges. And have the track record of dismissed DUIs and trial wins to prove it. When searching “DUI lawyer near me”, you’ll find the Donahue Law Firm will give you the best DUI defense you can find.
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DUI Lawyers to Protect Your Rights
Often, due to fear, discouragement, and a lack of knowledge, many good people arrested for DUI simply plead guilty to their DUI or DUII charges without having a true DUI lawyer on their side. That is precisely what our team of DUI attorneys at Donahue Law Firm is here to combat.
Let us partner with you to protect your rights, your record, your drivers license, and your peace of mind. Our team of DUI lawyers has the knowledge and experience to guide you through this overwhelming legal process. You can put your complete trust in the DUI lawyers at Donahue Law Firm. We work closely with each of our clients to provide individualized insight into their case:
- Analyzing the evidence with a legal eye focused on DUII Defense;
- Working to fight and/or dismiss the charges you’re facing;
- Working together, with you, to determine the best plan of action to obtain the most favorable outcome possible;
- All potential clients get a free initial consultation for their DUI or DUII charges.
DUI Lawyer Services
Being arrested for a DUI can feel stressful and nerve racking. To say the least. Having the best DUI lawyer on your side can make all the difference, bringing calm and confidence to an otherwise uncertain situation.
At the Donahue Law Firm, you can trust your DUI Lawyer has the skills, experience, and proven success at trial to get the job done. Even if you’re not in trial. Recognized by Super Lawyers Magazine and countless 5-Star Reviews, it’s no wonder former clients, lawyers, and even judges refer the people they know and care about to the DUI lawyers at Donahue Law Firm when they need the best DUI lawyer. Let us partner with you to protect your rights, your record, your driver’s license, and your peace of mind. Our team of criminal defense attorneys has the knowledge and experience to guide you through this overwhelming legal process. You can put your complete trust in the DUI lawyers at the Donahue Law Firm.
DUI lawyers with exceptional experience, professional recognition, countless satisfied clients, and unparalleled knowledge of the intricacies of DUII cases. Give us a call to get a free consultation with a DUI lawyer for your DUI or DUII charge.
Feel free to learn more about DUI or DUII charges in the frequently asked questions section below. Continue reading to learn about the benefits of hiring a DUI lawyer when facing a DUI, or DUII charge.
Answers to Frequently Asked DUII Questions
What constitutes a DUII in Oregon?
Driving under the influence of intoxicants (or DUII) charges are not taken lightly by the state of Oregon, and they’re treated as a criminal offense. A person may be charged with a DUII in Oregon by having a blood alcohol level of .08% or above (or .04% or greater for CDL drivers operating a commercial vehicle). To prove a DUII conviction, the State must have evidence that you were driving a vehicle while under the influence of alcohol or intoxicants. Controlled substances (prescription drugs) may also be considered intoxicants, if they impair your ability to drive.
What is the legal limit for blood alcohol content in Oregon?
The legal limit for blood alcohol content varies depending on who is driving, and the vehicle being driven. It is illegal for anyone to operate a vehicle with a blood alcohol content (BAC) level higher than .08%. In addition, it is illegal for CDL drivers in Oregon to exceed a BAC level of .04% while driving. Those who are under the age of 21 cannot have any percent of BAC while driving, due to Oregon’s zero-tolerance policy.
What are the penalties that I can incur if convicted of a DUII?
The severity of penalties that you can incur will vary depending on the circumstances of the arrest, as well as your previous driving and criminal record. For most first-time offenses, the offender will be charged with a misdemeanor DUII, which may result in up to a year of jail time, and a fine of up to $6,250. Misdemeanor DUIIs are considered Class A misdemeanors. For repeat offenders, and those who are facing more serious arrest circumstances, the state may pursue a felony DUII conviction. Felony DUIIs may result in up to five years of prison time, and fines of up to $125,000. Felony DUIIs are usually only charged against offenders who have had three or more DUII convictions within the last 10 years. Felony DUIIs are considered Class C felonies.
Does Oregon offer a DUII Diversion Program?
For some first-time DUII offenders, a DUII Diversion Program may be an option to, eventually, dismiss the charges held against them. The Diversion Program requires enrolling in a year long program that involves several requirements, including all of the following:
- Attending a victim impact program.
- Attending a substance abuse program.
- Abstaining from drinking alcohol or using illicit drugs.
- Using an ignition interlock device (IID) for a year.
Again, the Diversion Program may only be an option for certain DUII offenders. To qualify for the Diversion Program, you must meet all of the following criteria:
- The accused may not have a felony DUII conviction on their record.
- The accused cannot have any pending DUII charges, and no DUII convictions in the last 15 years.
- The accused cannot currently be enrolled in a Diversion Program for a DUII or other infraction, and the offender cannot currently be enrolled in a similar program.
- The accused cannot have, within the last 15 years, been convicted of any of the following crimes: murder, manslaughter, vehicular homicide, criminally negligent homicide, and assault while operating a motor vehicle.
- The accused cannot have been charged with a DUII while operating a commercial vehicle, nor can they have commercial driving privileges.
Can I be charged with multiple infractions at once?
Yes. Officers can arrest and charge you for multiple infractions at the same time, and the court can attempt to prosecute on multiple infractions at once. In a given arrest, you may be accused of recklessly endangering another person, reckless driving, criminal mischief, failure to obey traffic control devices, careless driving, and other infractions. If the court convicts you of these violations, you can be facing a harsher sentence and heavier fines.
Am I required to submit to testing?
Drivers within the State of Oregon automatically submit to “implied consent” laws when they operate a vehicle on premises open to the public. Implied consent means a driver must submit to testing when asked by an officer, or face automatic license suspensions. Testing may include blood tests, a breathalyzer test on the Intoxilyzer 8000, or a urine test. If a driver refuses such testing, not only will they likely face DUII charges, they may also have their license suspended, or revoked. What’s worse, in many counties, law enforcement will apply for a warrant to obtain a blood or urine test from the driver. When that happens, not only does law enforcement get the BAC of the driver, but the driver faces an enhanced suspension, or revocation of their driving privileges. A skilled DUI Attorney may be able to prevent the suspension or revocation by requesting and fighting for your license at a DMV Hearing. However, if a suspension is imposed, DMV.org notes the following list of license revocation periods that you can expect if you fail or refuse a test:
Failure of a breath test:
- 1st offense: 90 days
- 2nd offense within 5 years: 1 year
Refusal to take a breath test:
- 1st offense: 1 year.
- 2nd offense within 5 years: 3 years.
Refusal to take a urine test:
- 1st offense: 1 year.
- 2nd offense within 5 years: 3 years.
Refusal to take a blood test while receiving medical care after a collision:
- 1st offense: 1 year.
- 2nd offense within 5 years: 3 years.
Failure of a blood test for DUII while receiving medical care after a collision:
- 1st offense: 90 days.
- 2nd offense within 5 years: 1 year.
This suspension will not begin until the 60th day after it was reported to the DMV that you refused the test.
Can I be charged with a DUII even if the vehicle wasn’t moving?
Yes. Officers can charge individuals with a DUII even if the vehicle wasn’t in motion. The officer still must have reasonable grounds to place a charge against you.
How do underage DUII violations work in Oregon?
If you’re under the age of 21 (the legal drinking age in Oregon), you can still be charged with a DUII. In fact, the laws surrounding those who are under 21 are even more strict, since Oregon has adopted a zero-tolerance policy for impaired driving. Those who are under 21 cannot have any percentage of blood alcohol in their system while driving, nor can they be impaired in any other way. Those who are between the ages of 18 and 21 will be tried for a DUII in the same fashion as those who are over 21 years old, although they can incur a violation even if their BAC level is less than .08%. Those who are under the age of 18 and have been arrested for a driving under the influence of intoxicants violation may be tried in a juvenile court.
Can I defend myself?
While you can defend yourself from prosecution in the courts, it may be in your favor to hire a criminal defense attorney. A criminal defense lawyer understands court proceedings, and they can represent you on your behalf. This knowledge can go a long way to help you reduce charges, reduce the severity of sentencing, or to have your charges dropped altogether.
Can my charges be dropped or reduced?
In certain cases, your charges may be dropped or reduced. If you hire a lawyer here at Donahue Law Firm, we’ll do our utmost to minimize the impact of the charges held against you. We’ll work with you to formulate a game plan that is in your best interest. Again, it’s always our goal to reduce your charges, reduce the severity of your sentencing (if you are convicted of your charges), or to have your charges dropped altogether. For example, for certain first-time infractions, it may be possible to convince the court to knock a DUII charge down to a reckless driving charge — a charge that carries far less severe penalties. Reach out to a lawyer here at Donahue Law Firm for a free consultation about your options.
Can I expunge my record of a DUII?
Unlike other states, traffic offenses cannot be expunged here in Oregon. As of 2010, DUIIs (as well as other traffic infractions), may only be expunged if the charge was dismissed, or prosecution was not pursued. In all other traffic code related matters, the infraction or charges will remain on the driver’s record.
For this reason, it is often best to have your charges reduced or dropped before sentencing; otherwise your record will be irrevocably marred.
What constitutes a DUII in Oregon?
Driving under the influence of intoxicants (or DUII) charges are not taken lightly by the state of Oregon, and they’re treated as a criminal offense. A person may be charged with a DUII in Oregon by having a blood alcohol level of .08% or above (or .04% or greater for CDL drivers operating a commercial vehicle). To prove a DUII conviction, the State must have evidence that you were driving a vehicle while under the influence of alcohol or intoxicants. Controlled substances (prescription drugs) may also be considered intoxicants, if they impair your ability to drive.
What is the legal limit for blood alcohol content in Oregon?
The legal limit for blood alcohol content varies depending on who is driving, and the vehicle being driven. It is illegal for anyone to operate a vehicle with a blood alcohol content (BAC) level higher than .08%. In addition, it is illegal for CDL drivers in Oregon to exceed a BAC level of .04% while driving. Those who are under the age of 21 cannot have any percent of BAC while driving, due to Oregon’s zero-tolerance policy.
What are the penalties that I can incur if convicted of a DUII?
The severity of penalties that you can incur will vary depending on the circumstances of the arrest, as well as your previous driving and criminal record. For most first-time offenses, the offender will be charged with a misdemeanor DUII, which may result in up to a year of jail time, and a fine of up to $6,250. Misdemeanor DUIIs are considered Class A misdemeanors. For repeat offenders, and those who are facing more serious arrest circumstances, the state may pursue a felony DUII conviction. Felony DUIIs may result in up to five years of prison time, and fines of up to $125,000. Felony DUIIs are usually only charged against offenders who have had three or more DUII convictions within the last 10 years. Felony DUIIs are considered Class C felonies.
Does Oregon offer a DUII Diversion Program?
For some first-time DUII offenders, a DUII Diversion Program may be an option to, eventually, dismiss the charges held against them. The Diversion Program requires enrolling in a year long program that involves several requirements, including all of the following:
- Attending a victim impact program.
- Attending a substance abuse program.
- Abstaining from drinking alcohol or using illicit drugs.
- Using an ignition interlock device (IID) for a year.
Again, the Diversion Program may only be an option for certain DUII offenders. To qualify for the Diversion Program, you must meet all of the following criteria:
- The accused may not have a felony DUII conviction on their record.
- The accused cannot have any pending DUII charges, and no DUII convictions in the last 15 years.
- The accused cannot currently be enrolled in a Diversion Program for a DUII or other infraction, and the offender cannot currently be enrolled in a similar program.
- The accused cannot have, within the last 15 years, been convicted of any of the following crimes: murder, manslaughter, vehicular homicide, criminally negligent homicide, and assault while operating a motor vehicle.
- The accused cannot have been charged with a DUII while operating a commercial vehicle, nor can they have commercial driving privileges.
Can I be charged with multiple infractions at once?
Yes. Officers can arrest and charge you for multiple infractions at the same time, and the court can attempt to prosecute on multiple infractions at once. In a given arrest, you may be accused of recklessly endangering another person, reckless driving, criminal mischief, failure to obey traffic control devices, careless driving, and other infractions. If the court convicts you of these violations, you can be facing a harsher sentence and heavier fines.
Am I required to submit to testing?
Drivers within the State of Oregon automatically submit to “implied consent” laws when they operate a vehicle on premises open to the public. Implied consent means a driver must submit to testing when asked by an officer, or face automatic license suspensions. Testing may include blood tests, a breathalyzer test on the Intoxilyzer 8000, or a urine test. If a driver refuses such testing, not only will they likely face DUII charges, they may also have their license suspended, or revoked. What’s worse, in many counties, law enforcement will apply for a warrant to obtain a blood or urine test from the driver. When that happens, not only does law enforcement get the BAC of the driver, but the driver faces an enhanced suspension, or revocation of their driving privileges. A skilled DUI Attorney may be able to prevent the suspension or revocation by requesting and fighting for your license at a DMV Hearing. However, if a suspension is imposed, DMV.org notes the following list of license revocation periods that you can expect if you fail or refuse a test:
Failure of a breath test:
- 1st offense: 90 days
- 2nd offense within 5 years: 1 year
Refusal to take a breath test:
- 1st offense: 1 year.
- 2nd offense within 5 years: 3 years.
Refusal to take a urine test:
- 1st offense: 1 year.
- 2nd offense within 5 years: 3 years.
Refusal to take a blood test while receiving medical care after a collision:
- 1st offense: 1 year.
- 2nd offense within 5 years: 3 years.
Failure of a blood test for DUII while receiving medical care after a collision:
- 1st offense: 90 days.
- 2nd offense within 5 years: 1 year.
This suspension will not begin until the 60th day after it was reported to the DMV that you refused the test.
Can I be charged with a DUII even if the vehicle wasn’t moving?
Yes. Officers can charge individuals with a DUII even if the vehicle wasn’t in motion. The officer still must have reasonable grounds to place a charge against you.
How do underage DUII violations work in Oregon?
If you’re under the age of 21 (the legal drinking age in Oregon), you can still be charged with a DUII. In fact, the laws surrounding those who are under 21 are even more strict, since Oregon has adopted a zero-tolerance policy for impaired driving. Those who are under 21 cannot have any percentage of blood alcohol in their system while driving, nor can they be impaired in any other way. Those who are between the ages of 18 and 21 will be tried for a DUII in the same fashion as those who are over 21 years old, although they can incur a violation even if their BAC level is less than .08%. Those who are under the age of 18 and have been arrested for a driving under the influence of intoxicants violation may be tried in a juvenile court.
Can I defend myself?
While you can defend yourself from prosecution in the courts, it may be in your favor to hire a criminal defense attorney. A criminal defense lawyer understands court proceedings, and they can represent you on your behalf. This knowledge can go a long way to help you reduce charges, reduce the severity of sentencing, or to have your charges dropped altogether.
Can my charges be dropped or reduced?
In certain cases, your charges may be dropped or reduced. If you hire a lawyer here at Donahue Law Firm, we’ll do our utmost to minimize the impact of the charges held against you. We’ll work with you to formulate a game plan that is in your best interest. Again, it’s always our goal to reduce your charges, reduce the severity of your sentencing (if you are convicted of your charges), or to have your charges dropped altogether. For example, for certain first-time infractions, it may be possible to convince the court to knock a DUII charge down to a reckless driving charge — a charge that carries far less severe penalties. Reach out to a lawyer here at Donahue Law Firm for a free consultation about your options.
Can I expunge my record of a DUII?
Unlike other states, traffic offenses cannot be expunged here in Oregon. As of 2010, DUIIs (as well as other traffic infractions), may only be expunged if the charge was dismissed, or prosecution was not pursued. In all other traffic code related matters, the infraction or charges will remain on the driver’s record.
For this reason, it is often best to have your charges reduced or dropped before sentencing; otherwise your record will be irrevocably marred.
How DUI Lawyer Representation Can Help
Legal Representation from a criminal defense attorney can help in a number of situations. That being said, when facing a DUI charge, hiring a true DUI lawyer that specializes in DUI and DUII cases can be a game changer. If you’re considering hiring a lawyer to fight for your rights on your behalf, be sure that the representation you get is from an actual DUI lawyer. Doing so can offer you enormous benefits beyond the typical criminal defense attorney. We have the DUI expertise you need in court proceedings. DUI specific knowledge to advocate for your driver’s license at DMV Hearings, long-standing relationships with the local legal community, and a deep understanding of the nuances in the numerous related DUI statutes and cases. We, as DUI lawyers, always work with your best interests in mind. For these reasons (and many others), hiring a DUI lawyer with the Donahue Law Firm may be the best decision you make when facing diffuclt DUI charges. Learn more about each specific benefit below.
Expertise in Court Proceedings and DMV Hearings: To say that court proceedings and contested DMV Hearings are complex, is an understatement. Between attending specific scheduled dates, filing paperwork, and communicating with other law professionals, you may be confused by the court process. Not to mention, what’s the contextual basis and the case law for the argument you want to make? Not surprisingly, confusion may harm your chances of a favorable outcome for the DUI charges you face. When you hire a DUI lawyer at the Donahue Law Firm, you can trust that your DUI lawyer will know what arguments to make, understands impending dates, will draft and file the correct paperwork properly, and communicate with other legal professionals on your behalf.
Long-Standing Relationships With the Local Legal Community: As we just mentioned, your DUI lawyer can speak with law-related professionals on your behalf. Here at Donahue Law Firm, we have an established rapport with legal professionals throughout Central Oregon. No to mention, we’re part of the local legal community here in Bend. As such, we know how to carry ourselves in court in order to best represent your interests. Our DUI lawyers also know how best to handle local prosecutors, how to treat local judges and how to speak to each of their unique leanings.
Extensive Knowledge of DUI Law, Intoxilyzer 8000, Lab Results and DUI Case Law: Alongside our rapport with local professionals, we have an extensive depth of knowledge of DUI. When you’re facing a breath test DUII, we know how to attack discrepancies in the Intoxilyzer breath testing “machine” and show how the device fails to account for individual variations in people. Similarly, we know how to expose variances in forensic lab results of blood and urine when being used to prosecute DUIIs. Oregon and Deschutes County Circuit Court have laws and court proceedings that are unique to the region. Not only do we know Oregon DUI law, but our DUI lawyers know the local rules, how local law enforcement operates, and we’ve made it our passion to represent and defend those who have been accused of DUII.
We Keep Your Best Interests at Heart: Regardless of the circumstances of your charges, as DUI lawyers, we always work for your best interests. It’s our goal to achieve the most favorable outcome possible for you in your upcoming case, whether that means reducing charges, getting charges dropped, or minimizing a sentence. We’ll communicate with you to weigh your options and determine the best plan of action to pursue a favorable outcome.
Get a Free Consultation With a DUI Lawyer Today
If you have questions about DUI charges here in Oregon and think you may need representation, reach out to our team of DUI lawyers. With the best expertise in the field of DUI and DUII, we can help break down the charges you’re facing, law out the best possible options, and develop a smart, strategic, DUI defense. Contact us today.The DUI Lawyers at Donahue Law Firm know how to protect your rights, and protect you from unfair prosecution of DUI and DUII related charges.
This Is Why We Do What We Do
★★★★★
“I sent a relative to Bryan because his case was especially hairy and it required the attention of a specialist. Bryan took what seemed like an impossible case and knocked it out of the park. My cousin’s case was on the news and seemed indefensible. Bryan actually got him acquitted of the felony charge and was able to separately resolve the misdemeanor with no jail and no probation. I cannot say enough for how aggressive and intelligent this attorney proved himself to be. Beyond that, he is a normal, friendly, approachable person who is very easy to talk to.“
Martin Thompson
Effective. Aggressive.
Get the DUI Lawyer You Need
DUI cases can be complicated, fast-paced, and confusing. Getting a case dismissed or obtaining a not guilty verdict doesn’t just happen on its own–Espeically if you’re innocent, Many people think, “If only the prosecutor could hear my story they’d certainly dismiss the charges.” Not so. You need a strong advocate and respected DUI lawyer to argue your case. It certainly shouldn’t be left to chance. Rather than go it alone, protect your rights.
Get the effective DUI and DUII representation you need and deserve. Get the best DUI lawyer in your corner. A dedicated DUI attorney who will protect your rights and speak on your behalf with local prosecutors, judges, and especially a jury of your peers. Call the Donahue Law Firm. Today.
Cases We Have Defended:
Our number one goal:
obtain the most favorable outcome possible.
Our team completely understands that bad things sometimes happen, but they don’t have to determine who you are. A great number of our clients have never been arrested before. It is for this reason, the DUI lawyers at the Donahue Law Firm take the time to explain the specific process for your county and create a game plan to succeed in the courtroom.
Whether guiding clients through DUII Diversion, or handling DUI matters at trial, we carefully direct our clients through the entire process, explaining the benefits, risks, and consequences, at each turn in the road.
Above all, we are committed to protecting our clients’ rights and pursuing justice on your behalf. Whatever situation you are facing, you deserve an aggressive, effective, and local DUI lawyer. You deserve the best. You deserve Donahue.
Don’t wait until you’re behind the 8 ball. Give us a call today!
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