On a daily basis, there are thousands of people driving while intoxicated. It’s been determined that nearly 300,000 individuals drive while under the influence, but less than 4,000 are pulled over and arrested. On average, an individual that drives drunk does so 80 times prior to being arrested for the first time.
It is an unfortunate fact that drunk drivers cause accidents. As a result, a person is injured in a crash caused by their driving drunk, or as a result of another drunk driver, every two minutes.
f you’ve been arrested while driving under the influence, it’s important to contact a criminal defense attorney in order to learn about your rights and responsibilities. There are three Constitutional Amendments that your defense attorney will discuss with you.
The Fifth Amendment, as you may be aware, protects you against self-incrimination and double jeopardy. The Sixth provides you with the right to an attorney, a speedy trial, and the right to confront witnesses. Your right to have reasonable bail and not be subject to cruel and unusual punishment is provided by the Eighth Amendment.
f you are arrested for a DUI in the state of Oregon, for example, the Department of Motor Vehicles (DMV) has separate DUI penalties than the courts, according to DMV.org. If you either refuse or fail a chemical test, the DMV can automatically suspend your license.
A temporary, 30-day permit will be issued by your arresting officer. After this, your license will be suspended, and you will be provided with an “intent to suspend” notice.
If you are convicted, the state of Oregon may require you to have an ignition interlock device installed. This would be the case if you’ve been awarded a hardship permit to continue driving or if your 30-day suspension is over, according to DMV.org.
According to FindLaw, the “per se” blood alcohol content limit for Oregon is 0.08%. Depending on whether this is your first, second, or third offense, your DUI penalties may include the minimum license suspension or having your license revoked. These time periods range from 90 days to three years.
Other penalties you may be facing include participating in a mandatory alcohol treatment program and having your car or other vehicle confiscated.
As part of providing counsel, a criminal defense attorney will inform you as to the potential DUI penalties you will be facing. Depending on the types of criminal charges, your attorney will let you know what to do when you are charged with DUI.