Experienced DUII Defense Attorneys in Eugene, Oregon
When you’re facing Driving Under the Influence of Intoxicants (DUII) charges in Oregon, the stakes are high. A conviction can lead to severe penalties, including license suspension, hefty fines, mandatory treatment programs, and even jail time. At the Law Office of Mike Arnold, we understand that every decision you make early in your case can significantly impact your future. That’s why you need an aggressive, strategic, and experienced defense team on your side from day one.
Our firm’s founder, Mike Arnold, is a seasoned trial lawyer and former Eugene city prosecutor who knows exactly how the state builds DUII cases—and more importantly, how to dismantle them. With a deep understanding of Oregon’s DUII laws and courtroom procedures, our firm is uniquely positioned to challenge field sobriety tests, breathalyzer results, and police reports to expose weaknesses in the prosecution’s case.
Trial-Tested DUII Defense – We prepare every case for trial, ensuring we are ready to fight for you at every stage.
Cutting-Edge Legal Strategies – From challenging the legality of traffic stops to scrutinizing breath and blood test results, we leave no stone unturned.
Respected and Experienced Representation – Our work has been featured in major media outlets and true-crime television, highlighting our ability to handle high-profile, high-stakes cases with skill and tenacity.
Whether this is your first DUII or you’re facing felony DUII charges due to prior convictions or aggravated circumstances, we provide the aggressive and knowledgeable defense you need to protect your rights and future.
Don’t face DUII charges alone. Contact our Eugene DUII defense attorneys today for a free intake call or a paid consultation. The sooner you act, the better your chances of securing a favorable outcome.
Warning: You Only Have 10 DAYS To Request a DMV Hearing to Protect Your Oregon Driver’s License!
(Submit an online request now but screenshot your form before and after submitting)
Drunk driving charges in Oregon are quite serious. The consequences of these charges are equally serious: if you are caught for the first time or you have been arrested several times. Though no attorney can take your name off the records completely (DMV records typically last forever), we can help to minimize these consequences.
Text or call Mike Arnold today at 541-359-4585 to get started on your defense.
Mike Arnold was voted Eugene’s best DUII lawyer the first and only year the weekly publisher featured this category.
What Qualifies as Driving Under the Influence of Intoxicants (DUII) In Oregon?
In Oregon, Driving Under the Influence of Intoxicants (DUII) is defined under ORS 813.010 and applies to alcohol, controlled substances (including prescription and illegal drugs), and inhalants.
A person is considered to be driving under the influence if they meet any of the following criteria while operating a vehicle:
- Blood Alcohol Content (BAC) of 0.08% or Higher
- If a driver’s BAC is 0.08% or greater, they are automatically presumed impaired under Oregon law.
- For commercial drivers, the legal limit is 0.04%.
- For drivers under 21, Oregon has a zero-tolerance policy, meaning any measurable alcohol can result in a DUII charge.
- Impairment by Alcohol, Drugs, or a Combination of Both
- Even if a driver’s BAC is below 0.08%, they can still be charged with DUII if an officer determines they are too impaired to drive safely.
- This includes impairment from illegal drugs, prescription medications, over-the-counter drugs, and inhalants (such as nitrous oxide or other intoxicating substances).
DUII charges in Oregon carry serious consequences, including license suspension, fines, mandatory treatment programs, and even jail time—especially for repeat offenders. If you’ve been arrested for DUII, it’s critical to have an experienced defense attorney who understands Oregon’s DUII laws, field sobriety test flaws, and how to challenge the state’s case against you. We can help. Contact our skilled Eugene DUII defense lawyers today to learn how.
How Does Oregon Law Treat Marijuana DUII Cases?
With legalized recreational marijuana, many assume they can drive after using cannabis. However, driving under the influence of marijuana is treated the same as an alcohol-related DUII. There is no set legal limit for THC impairment in Oregon, meaning an officer’s observations, field sobriety tests, and other evidence may be used to prove impairment.
Contact the Law Office of Mike Arnold today for a free intake call or a paid consultation to discuss your defense strategy. The sooner you act, the better your chances of securing a favorable outcome.
What are the Penalties for Refusing A Breath, Blood, or Urine Test Under Oregon’s Implied Consent Law?
Oregon’s Implied Consent Law (ORS 813.100) states that by driving on Oregon roads, you automatically consent to chemical testing (breath, blood, or urine) if a law enforcement officer has reasonable grounds to believe you are driving under the influence of intoxicants (DUII). Refusing to take these tests comes with serious consequences, including an automatic license suspension and increased penalties if convicted of DUII.
Penalties for Refusing a Breath, Blood, or Urine Test
| Refusal Type | License Suspension | Fine | Other Consequences |
| Breath Test Refusal | 1-year suspension (first offense); 3-year suspension (if prior DUII conviction or implied consent suspension in the last 5 years) | $500 to $1,000 | Ineligible for a hardship license for at least 90 days |
| Blood Test Refusal | 1-year suspension (first offense); 3-year suspension (if prior DUII-related history) | $500 to $1,000 | May be subject to a warrant for a forced blood draw |
| Urine Test Refusal | 1-year suspension (first offense); 3-year suspension (if prior DUII-related history) | $500 to $1,000 | Required if suspected of drug use and breath test is under 0.08% |
Additional Consequences for Refusing a Test
- Evidence of Guilt in Court – Your refusal can be used against you in court, potentially making your defense more difficult.
- Longer License Suspension than a Failed Test – If you fail a breath test (BAC 0.08% or higher), your suspension is 90 days for a first offense. However, refusing the test leads to a 1-year suspension—a significantly harsher penalty.
- Increased Penalties if Convicted of DUII – If convicted, you may face additional mandatory minimum fines and longer license suspensions for refusing the test.
- Hardship License Restrictions – You will be ineligible for a hardship (work) permit for at least 90 days after a first-offense refusal, meaning you cannot legally drive at all during that time.
Can Oregon Police Force Me to Take a Test?
- Breath Tests: If you refuse, you will face the penalties listed above, but police cannot force you to take a breath test.
- Blood Tests: If you refuse a blood test, police may seek a warrant to take your blood by force if there are aggravating factors, such as a DUII crash with injuries.
- Urine Tests: If an officer has probable cause that you are under the influence of drugs, refusing a urine test leads to the same penalties as a breath or blood test refusal.
Refusing a test may seem like a way to avoid DUII evidence, but it often results in harsher penalties than a failed test. However, every situation is unique. If you have already refused a test, or you’re facing a DUII charge in Oregon, you need an experienced Eugene DUII defense attorney to protect your rights and fight for the best outcome in your case.
Contact the Law Office of Mike Arnold today for a free intake call or a paid consultation to discuss your defense options. The sooner you act, the better your chances of protecting your license and your future.
Does Oregon Have a Diversion Program for DUIIs?
If you qualify for diversion under Oregon’s DUII law (no prior diversions or DUIIs within the last 15 years [the old law was 10 years if your arrest was prior to 1/1/2010], no injuries were caused by your driving in this case, you didn’t have a commercial driver’s license, etc.), you may want to have an experienced Eugene dui attorney review your case prior to your entering into the diversion program.
By doing this you get yourself several advantages. First, you will still be suspended by the DMV if you fail or refuse the intoxilyzer and an attorney can defend you at the DMV hearing. Second, if you are not guilty/innocent but are charged anyway, the diversion process could prove an unnecessary and expensive inconvenience. Third, an attorney can review the case for possible suppression issues that could result in a dismissal or a triable DUII case. Oregon attorney Mike Arnold has won diversion-eligible jury trials and has had many diversion-eligible cases dismissed for proof and legal problems.
CDLs and Diversion Program Eligibility in Oregon
Warning: Surrender your Commercial Driver’s License if you Don’t Drive Commercially.
If you are arrested for DUII and you have a CDL, even if you haven’t been driving commercial for years, you are not eligible for diversion. We repeat: Even if you are cited for DUII while not driving commercially, you cannot enter diversion.
This law was passed in Oregon several years ago when the federal government put a gun to the legislature’s head. This unreasonable law had to be passed otherwise Oregon could have lost its highway funding.
This causes folks who would ordinarily be eligible for diversion to have to try the case or plead guilty to DUII and have an automatic one-year license suspension. The state now treats a first-time DUII offender who has an old, stale CDL as a second-time offender.
To surrender your CDL and convert back to a Class C license, visit the DMV (the form is available online). If you fill out this form and submit it to the DMV, you reduce the risk that you get stopped for DUII without the same rights as every other first-time DUII driver. Of course, if you have a DUI pending this does not help you and you should contact an attorney immediately.
Text or call Mike Arnold today at 541-359-4585.
Trial vs. Plea Agreements in Oregon DUII Cases
A knowledgeable Oregon DUII lawyer can attempt to negotiate you the most favorable resolution to your case. The punishment for such cases in Oregon is usually a minimum sanction of 80 hours of community service or two days of jail. There is also a mandatory fine of $1,000 for a first offense, $1,500 for a second, $2,000 for the third. Beginning January 1, 2010, there was a mandatory minimum of $2,000 for anyone who blows 0.15% BAC or higher. Finally, there is a driver’s license suspension ranging from one year to life, depending on the number of prior convictions.
If you choose to take your case to trial, the officer and prosecutor will bring to the notice of the jury all of the purported signs of impairment. These include the normal signs that we all associate with intoxication (bloodshot eyes, slurred speech, sway, etc.) as well as field sobriety tests.
Driving issues are other things emphasized at the trial. Mostly you hear about “sway within the lane” as an indicator (although not a violation of the motor vehicle code) or failure to maintain a lane (crossing over the line). Of course, there could be allegations of more dangerous driving that may or may not have explanations other than alcohol. Often we see Reckless Driving charges accompanying these sorts of factual allegations. Finally, an Oregon officer gives his own opinion of you being under the influence of alcohol.
Oregon DUIIs are highly technical cases to try for the prosecution. These cases require an experienced Eugene DUII attorney. Attorney Mike Arnold is a former Eugene city prosecutor and has experience both prosecuting and defending DUII jury trials. Text or call Mike Arnold today at 541-359-4585.
Take Control of Your Oregon DUII Defense – Contact the Law Office of Mike Arnold Today
A DUII charge in Oregon can have life-altering consequences, but the right legal defense can make all the difference. At the Law Office of Mike Arnold, we know how to challenge breath and field sobriety tests, fight license suspensions, and expose weaknesses in the prosecution’s case. As a former prosecutor turned elite trial attorney, Mike Arnold and his team bring the aggressive, strategic, and results-driven defense you need.
Time is critical—don’t wait. The sooner you take action, the better your chances of reducing or even dismissing the charges against you. Call or text 541-359-4585 now for a free intake call or a paid consultation to discuss your defense strategy and take the first step toward protecting your rights, license, and future.
