Driving Under the Influence of Intoxicants (DUII)
DUII charges have many collateral consequences that other crimes do not. A conviction comes with a driver’s license suspension, steep fines, treatment requirements and more. Oregon has some of the strictest DUII laws in the nation. In Oregon, you can be charged with DUII even if your blood alcohol content is below .08%. You can also be charged if law enforcement believes you are under the influence of controlled substances, even if you have consumed no alcohol whatsoever. This can even include prescription medication. If there is no accident involved in your case (and sometimes even if there is), DUII cases are frequently assigned to newer prosecutors. Therefore, these cases are frequently charged by prosecutors with little trial experience. You need a DUI lawyer who has taken DUII cases to trial to understand your risks at trial. DUII law is frequently changing and technical. A DUI lawyer with recent litigation experience in this area can help you evaluate your options. Experienced DUI attorneys understand how prosecutors build these cases and how to challenge them effectively.
DUI Lawyer
Our team has litigated major accident cases, and we are familiar with the investigation techniques that law enforcement has at their disposal. This is helpful even if you are charged with only DUII. We also work with experts in this field to help you understand the science (or lack thereof) behind the law enforcement investigation into your case. These experts are well-received by judges and juries because their testimony is based on science. Many law enforcement investigation techniques are not backed by science. An experienced litigation team can help you understand what law enforcement did or did not do in your case and what your jury trial would look like. We begin evaluating the scene and the prosecution’s evidence immediately, finding what law enforcement did not. Details and science can make or break these cases, and sometimes prosecutors lack both in the case they are building against you. Our Eugene DUI lawyers team prepares every case as if it will proceed to trial.
Administrative Hearings
If you are arrested for DUII and 1) your breathalyzer result is .08% or above, or 2) you refuse the breath test, the DMV will try to suspend your driver’s license, regardless of what happens in your criminal case. Casey & Kaiser can take you through the administrative hearing process and help you defend against that license suspension. A skilled DUI lawyer can represent you at the DMV hearing and challenge the suspension.
Diversion
If you have never had a DUII before, you may be eligible for the diversion program. If you are eligible, you would plead guilty or no contest to the DUII charge and enter a year-long program. If you complete all of the court requirements, your DUII charge is then dismissed. A DUI lawyer can help you figure out whether you are eligible for diversion and help you through the court process. At Casey & Kaiser, we do not pressure our clients to take diversion. If our clients want to reject diversion and proceed to trial, we is happy to help them evaluate that option.
Driver’s License Suspension
For your first DUII conviction, your driver’s license is suspended for one year. You can potentially drive on a restricted basis during that time, but you need to apply for a hardship permit with the DMV first. Our DUII lawyer can help guide you through the hardship application process.
Jail
In Oregon, either jail or community service is required as part of a DUII conviction. Some prosecutor’s offices refuse to offer community service, others are amenable to it. If you decide to take a plea deal in your case, our DUI lawyer can help you negotiate the one most favorable to you.
Treatment
DUII diversion and convictions both require treatment programs. However, there are multiple programs from which to choose. We can discuss the various treatment programs with you, the pros and cons of each program, and help you decide which treatment program is the right fit for you. That way, when you are being evaluated for treatment, you can advocate to be placed in the program that will give you the best experience. DUIIs are a technical and frequently changing area of the law. You need a DUI lawyer with both extensive and recent trial experience in this area. Casey & Kaiser have both – from litigating diversion eligibility to defending against manslaughter charges. Our DUI lawyers can help you understand your options and whether we are the right criminal defense attorneys for you.
Testimonials
DUI Lawyer | Representative Cases
DUII and Reckless Driving Acquittal: Client charged with DUII and Reckless Driving. However, he was only contacted by law enforcement when parked on the side of the road. There were no witnesses to him driving. However, his blood alcohol content was high and the jury heard it. After carefully reviewing the evidence, the jury acquitted of both charges.
Charge Dismissed
Client blew under .08%. Decided to proceed to trial. Jury hung due to one juror that had biases towards the police department. Rest of jurors voted to acquit. After seeing the case play out at trial, prosecutor promptly dismissed the case instead of opting to re-try it.
No Charges Filed
Client blew under .08%. Decided to proceed to trial. Jury hung due to one juror that had biases towards the police department. Rest of jurors voted to acquit. After seeing the case play out at trial, prosecutor promptly dismissed the case instead of opting to re-try it.
Motion to Suppress
Client was eligible for diversion. He chose to reject the diversion program and proceed to trial. At a pre-trial hearing, it was discovered that the officers improperly interrogated the client. All client’s statements were suppressed. After the hearing, the prosecutor promptly dismissed the case.
Administrative Hearing Success
Client was stopped for a “hunch” by the arresting officer. After testifying about the reasoning behind that hunch, and Lissa’s cross-examination, the administrative law judge found that the stop was illegal and refused to suspend client’s license.