When someone is caught driving after they have been drinking, a criminal case will likely follow if the person's blood alcohol content exceeds the legal limit of .08. When a person is arrested in Oregon for drunk driving, or driving under the influence of intoxicants, two separate actions follow. One is strictly on the criminal prosecution side. In this action, prosecutors will try to prove that the person was guilty of a DUII and the person could be sentenced to jail time, probation and fines, depending on the circumstances in the case.
However, there is a second action that also takes place. Thhe Department of Motor Vehicles may suspend a person's driver's license for anywhere between 90 days and three years.
The exact penalties that someone faces after a drunk-driving arrest depend on the facts in the particular case. In one recent case, a 49-year-old Milwaukie woman was arrested on DUII charges after allegedly causing a car accident. The accident occurred on Oct. 28 on Oregon Highway 99E. In the accident, police claim that two pedestrians were hit by the woman's car.
After the accident, the woman was charged with recklessly endangering another person, third-degree assault and DUII. She was held in jail on a $52,500 bond. If the woman is found guilty on the DUII charge, the court will likely weigh several factors in order to determine what her punishment should be. Her past criminal record and her blood alcohol level are both likely to be taken into consideration along with other factors. However, with the proper criminal defense, sentences can often be mitigated.
Source: The Oregonian, "Milwaukie woman arrested in crash south of Milwaukie, charged with drunk driving," Findley Merritt, Oct. 28, 2012
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