Oregon DUI: How long will my license be suspended? P.1

Some of our Portland readers may remember Matthew Fox, the actor from the popular television series, "Lost." Fox was reportedly arrested earlier this month in Bend, Oregon, for suspicion of driving under the influence. Police cited Fox for DUII, driving under the influence of intoxicants after failing to properly signal or stay in his lane. He was apparently making a late-night run to a fast food restaurant at the time of the incident.

Fox reportedly does not have any other DUII convictions on his record, which potentially makes him eligible for a court-supervised diversion program. First-time DUII offenders often have the opportunity to avoid a conviction through participation in this diversion program. However, participation requires the client to enter a plea of guilty to the charge and irrevocably waives all of the client's extremely important rights to challenge the case through the trial process.

Additionally, although there is no further license suspension when one enters the program ( there is a one-year suspension for a first-time conviction) one will still need to install an ignition interlock device, complete an alcohol abuse and treatment evaluation including completion of any recommended treatment, and incur substantial financial consequences and other obligations. Anyone facing a first-time DUII offense should consult with an experienced criminal defense lawyer as soon as possible.

In Oregon, those convicted of a first-time DUI can lose their license for up to 90 days and up to one year for additional convictions. Drivers may also be required to receive alcohol education and assessment for alcohol treatment. In some cases, a person's vehicle can be confiscated.

Oregon law covering driver's license suspension provides that suspension length depends on the circumstances. If one fails a breath test, the Department of Motor Vehicle will suspend driving privileges for 90 days. If there are any alcohol-related offenses on one's driving record in the previous five years, the suspension will last for one year.

Because of Oregon's implied consent law, penalties are steeper for refusing to cooperate with testing. Suspension time will be one year if one refuses to take a breath test, and three years if one has alcohol-related offenses on one's record within five years.

In our next post, we'll continue looking at this topic.


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