I was arrested for DUII with a BAL of .07.

Asked 11 months ago - Bend, OR

The officer said if convicted this would be viewed as a civil matter and not reported to DMV due to blowing under .08. Is this true?

Attorney answers (6)

  1. Jeffrey S Siefman

    Contributor Level 12

    13

    Lawyers agree

    Answered . So it will not be reported to DMV, this means you don't have to worry about an Implied Consent License Suspension. This is because they will only report it if you fail a breath test, .08 or greater, or a refusal. This, however, does not make it a civil matter. If he cited you into court for DUII, you are being prosecuted. He could also be sending a report to the District Attorney so they can decide if they want to prosecute you. If in fact you blew a .07 and escaped with no citation I would consider myself extremely lucky, as that is very rare. If you need a good lawyer in Bend let me know, I can make some recommendations.

  2. Emily M. Oberdorfer

    Pro

    Contributor Level 12

    13

    Lawyers agree

    Answered . Nope, not true. There are two prongs to most DUIIs in Oregon, a criminal and an administrative. A DUII is a criminal charge, if this is your first it is likely a Class A misdemenaor. If you had blown over a .08 the office could have, and likely would have, reported it to the DMV, the administrative prong who could have suspended your license based on failing a breath test. In your case, you didn't fail a breath test so no administrative prong but the criminal side is still out there.

    You absolutely need a good DUII lawyer on your side to explain your circumstances and option and to help you make good decisions. Most of us give free consultations.

  3. Ian Jeffrey Slavin

    Contributor Level 13

    11

    Lawyers agree

    Answered . Conviction of a crime is conviction of a crime, no matter what your BAC. You should consult with an attorney immediately, in private without posting any further information, so as to maintain confidentiality of everything you say henceforth.

  4. Karen J Mockrin

    Pro

    Contributor Level 13

    9

    Lawyers agree

    Answered . My colleagues are correct. There is little for me to add except . . . .

    This is a great example of why you don't listen to or trust the police when you are a defendant! Ever. They do not have your interests at heart.

    Good for you for being skeptical of this!

    Dear Asker: This answer does not constitute legal advice, and I am not your attorney. No attorney-client... more
  5. Clayton Tullos

    Pro

    Contributor Level 9

    9

    Lawyers agree

    Answered . Partially true. Your license won't be suspended by the dmv, but a low blow does not preclude state prosecution.

    If you intend to fight the DUII you need a good defense attorney.

    This answer does not constitute an attorney client relationship. I am not your attorney. Don't forget to mark as... more
  6. Jay Bodzin

    Contributor Level 20

    8

    Lawyers agree

    Answered . No. First of all, I doubt that the officer did say that. Second, if they did, they were lying or mistaken. (Police can and do lie to you, all the time.) DUII is a crime. You can blow under a .08 and still be convicted of DUII. A BAC of .08 is presumptively impaired, but below that is NOT assuredly unimpaired. You need to consult in private with an attorney immediately. Do not discuss this with anyone else until you do. Do not post more details on the internet. Do not talk to the police, or the DMV. Talk to a lawyer.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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