An Oregon DUI attorney often sees other traffic crimes charged along with the charge of DUI (aka Driving Under the Influence, DWI, DUII, drunk driving conviction). It is not uncommon for an officer to also arrest an alleged drunk driver for Reckless Driving, Reckless Endangering Another Person, and/or Failure to Perform the Duties of a Driver Involved in a Property Accident, or Failure to Perform the Duties of a Driver Involved in an Injury Accident. These last two charges are commonly called “Hit and Run” offenses.
Reckless Driving would involve an allegation that the alleged DUI driver’s behavior put persons or property in significant danger by way of the driver being aware of and then consciously disregarding a substantial and unjustifiable risk that persons or property would be damaged or injured.
Recklessly Endangering Another Person could arise out of an officer believing that a passenger in the driver’s vehicle was endangered by the driver’s actions, or, for example, that an officer believing that a pedestrian or other driver was endangered by the individual the officer arrested for DUI.
Hit and Run offenses speak for themselves. But it is important to note that in order to be guilty of Hit and Run, the driver would have to have been aware that an accident had occurred (i.e., that the vehicle came into contact with a person or property). While an officer may or may not initially charge the DUII suspect with one of these other traffic crimes at the time of the arrest, it is the prosecutor reviewing the case who determines what additional traffic crime or crimes, if any, should be filed. So when a prosecutor reviews a police report in a DUI case, he or she will also look to determine whether any offenses such as Reckless Driving, Recklessly Endangering Another Person, Hit and Run or any other traffic crime occurred.
If an individual was injured, we often will see a prosecutor file an assault. Oregon has four different levels of assault: Assault in the First Degree, Assault in the Second Degree, Assault in the Third Degree and Assault in the Fourth Degree. The first three assault charges are felonies, the last is usually a misdemeanor. Obviously, an allegation of assault accompanying a drunk driving charge is a significant issue to be carefully evaluated by an experience Oregon criminal DUII defense attorney.
If you are facing a felony or misdemeanor DUII (Driving Under the Influence, DWI, DUI, drunk driving conviction) charge, you should speak to an experienced Oregon DUII lawyer. The Duvall Law Office represents individuals charged with felony and misdemeanor DUI throughout the state, particularly in Lane County, where we have Lane County Circuit Court, Eugene Municipal Court, Springfield Municipal Court, other municipal courts. We also represent people in the surrounding counties of Benton County Circuit Court, Linn County Circuit Court, and Douglas County Circuit Court. Please contact the Duvall Law Office to schedule an appointment to discuss your case: 541-345-4500.