Portland & Hillsboro, Oregon
Oregon DUI / DUII Defense Attorney — Fighting to Protect Your Future
A DUI arrest is frightening — but an arrest is not a conviction. Before you say a word to police or accept any deal, speak with a criminal defense attorney who has spent his entire career inside Oregon’s courtrooms.
DUI Defense in Oregon
An Arrest Is Not a Conviction — Know Your Options
Being arrested for DUI/DUII can be an overwhelming and confusing experience. The court process is intimidating, and a conviction can result in substantial penalties — including jail time, costly fines, loss of your driver’s license, increased insurance costs, and serious employment consequences.
What many people don’t realize is that an arrest does not necessarily mean you will be convicted. Oregon DUII law is complex, and there are often opportunities to challenge the traffic stop, the field sobriety tests, or the breath and blood test results. There may also be alternative pathways — like the Oregon Diversion Program — that allow first-time offenders to avoid a conviction entirely.
Casey Kovacic is a Hillsboro-based DUI defense attorney with the knowledge, experience, and skill to aggressively defend clients facing Oregon DUI/DUII charges. He understands the criminal court system in Oregon and how DUI cases are handled in Multnomah, Washington, Clackamas, and other Oregon counties. Every case is different — and every client deserves a defense tailored to their specific situation.
Time matters in DUI cases. In most counties, you have just 30 days from your first court appearance to decide whether to pursue diversion. Contact Casey today to review your options before any deadlines pass.
Know Your Rights
What Happens After an Officer Pulls You Over
Understanding what to expect — and what your rights are — is critical in the moments after a traffic stop for suspected DUII in Oregon.
The Stop & Initial Contact
You are only required to provide your driver’s license and vehicle registration. You have no legal obligation to answer questions beyond that. Anything you say can and will be used against you at trial. Most attorneys advise you to politely decline to answer questions and ask to speak with a lawyer once you’ve been asked to exit your vehicle.
Field Sobriety & Chemical Tests
Officers may ask you to perform standardized field sobriety tests (FSTs), a breath test, or a blood test. Refusing these tests has consequences under Oregon’s Implied Consent laws, and refusal can be used against you in court. How you handle this moment can significantly affect your case — speak to an attorney as soon as possible.
Arrest & Your Constitutional Rights
If the officer decides to arrest you, they must read you your Miranda rights before questioning you further. Once arrested, do not answer questions without an attorney present. The sooner you contact a criminal defense lawyer, the better — early action can make a decisive difference in the outcome of your case.
Understanding the Evidence
The Three Types of Tests Used Against You
Oregon prosecutors typically rely on officer testimony and one or more chemical or physical tests. Understanding how these tests work — and how they can be challenged — is a key part of your defense.
Standardized Field Sobriety Tests (FSTs)
These physical tests — such as walking a straight line, following an object with your eyes, and standing on one leg — are subjective and prone to error. An officer’s interpretation is an opinion, not a scientific measurement. Fatigue, medical conditions, uneven pavement, and poor lighting can all produce false results. Casey scrutinizes FST administration and scoring on every DUII case.
Breath Test (Intoxilyzer)
If a breath test shows a BAC of .08% or higher, you can be found guilty — even if you showed no visible signs of impairment. Even a result below .08% can be used as evidence. However, breath tests are machines subject to calibration errors, improper administration, and environmental interference. Refusing the test carries its own consequences under Oregon’s Implied Consent law.
Blood Test
You may request a blood test as an alternative, but doing so does not eliminate the consequences of refusing a breath test. Blood tests are sent to a crime lab and, like breath tests, a BAC of .08% or more can establish guilt. Results below .08% may still be introduced as evidence. The chain of custody, lab procedures, and testing protocols are all areas that an experienced DUII attorney will examine.
What’s at Stake
The Serious Consequences of an Oregon DUII Conviction
A DUII conviction in Oregon carries mandatory penalties that the judge has little discretion to waive. Understanding what you’re facing — and acting quickly — is critical.
DUII is typically a Class A misdemeanor for a first or second offense. A third conviction within 10 years elevates the charge to a felony. The consequences extend far beyond the courtroom: a conviction can affect your job, your professional license, your insurance rates, and your ability to drive.
These are the mandatory and potential consequences for a first-offense misdemeanor DUII conviction in Oregon:
- Fine Up to $6,250; minimum $1,000–$2,000 depending on BAC
- Jail Up to 364 days; minimum 48 hours or 80 hours community service
- License Mandatory 1-year suspension by the court, plus any DMV administrative suspension
- Evaluation Mandatory alcohol evaluation ($150) and any recommended treatment, paid out of pocket
- Interlock Possible ignition interlock device requirement even after suspension ends
- Probation Court-ordered probation with conditions including no alcohol use
- Fees Additional court fees and assessments exceeding $400; possible repayment of attorney costs
- Record A misdemeanor DUII conviction cannot be expunged in Oregon
First-Time Offenders
The Oregon DUII Diversion Program
If you are facing a first-time DUII charge in Oregon, you may be eligible for the Oregon DUII Diversion Program — a path that takes your case out of the traditional criminal justice system and, if completed successfully, results in a dismissal of the DUII charge.
To enter diversion, you must plead guilty or no contest and agree to meet all program requirements over the course of one year. This includes completing a substance abuse evaluation and any recommended treatment, paying associated court costs, attending a victim impact panel, and installing an Ignition Interlock Device (IID) on any vehicle you drive during the program.
The total costs of diversion — court fees ($490), evaluation ($150), treatment, and the IID — can be substantial. However, diversion is almost always less expensive than fighting the case at trial and risking a conviction. A conviction carries mandatory fines, potential jail time, a one-year license suspension, and a permanent misdemeanor record that cannot be expunged.
One critical fact: in most Oregon counties, you must apply for diversion within 30 days of your arraignment. Do not wait. Contact Casey Kovacic immediately after your arrest to ensure you don’t miss this window.
Diversion does not resolve all issues related to a DUII arrest — it will not automatically address license suspensions under Oregon’s Implied Consent law, insurance consequences, or any other related charges. An experienced attorney can help you navigate all of these issues and determine whether diversion is the right choice for your individual situation.
✓ Who Generally Qualifies for Diversion
- First-time DUII charge with no prior convictions in the past 15 years
- No other DUII charges currently pending
- No prior diversion or similar treatment program in the last 15 years
- Not driving a commercial vehicle at the time of the offense
- No accident resulting in physical injury to another person
- Appeared at arraignment as scheduled
✕ Who May Be Disqualified
- Prior DUII conviction or similar offense within the past 15 years in any state
- Currently in diversion or similar program
- Prior conviction for manslaughter, murder, or assault involving a motor vehicle within 15 years
- DUII involved an accident causing physical injury
- Held a commercial driver’s license at time of offense
- Failed to appear at arraignment without good cause
Your Defense
Why Oregon DUII Defendants Choose Casey Kovacic
100% Criminal Defense — Every Day
Casey doesn’t split his focus between personal injury cases and estate planning. Every hour of his career has been dedicated to defending the accused in Oregon’s courts — including hundreds of DUII cases in Multnomah, Washington, Clackamas, and surrounding counties.
Eight Years as an Oregon Public Defender
Before opening his own firm, Casey spent eight years as a staff attorney at Metropolitan Public Defender Services, handling cases at every level from misdemeanors through Measure 11 felonies. He knows Oregon’s courts from the inside — including the judges and DA’s offices that will handle your case.
Aggressive Challenges to the Evidence
Casey examines every element of a DUII case: Was the traffic stop lawful? Were the field sobriety tests administered correctly? Was the breath test machine properly calibrated? Were your rights read to you at the right time? Any of these issues can be the basis of a successful defense or suppression motion.
Clear Guidance on Diversion and Your Options
If you qualify for the Oregon Diversion Program, Casey will advise you honestly on whether it’s the right choice for your situation. If there are grounds to contest the charge, he’ll explain those options too. You’ll always understand the tradeoffs — and the decision will always be yours to make.
You Work Directly with Casey
When you hire the Law Office of Casey Kovacic, you work directly with Casey — not a paralegal or junior associate. He reviews your case personally, stays accessible throughout the process, and is the one standing beside you in court.
Confidential Consultation
Arrested for DUII in Oregon? Call Casey Kovacic Today.
The first 30 days after a DUII arrest are critical. Deadlines for diversion, DMV hearings, and other decisions can pass quickly. Don’t wait — contact Casey now for a confidential review of your case.
(503) 693-8725249 NE Lincoln Street, Hillsboro, OR 97124