Attorney Offices by Municipality
- Astoria
- Former
Defense Attorney: Should I begin alcohol treatment before going to
court? Yes. First of all, a DUII arrest can be the sign that you have a
problem with drugs or alcohol and need help. Furthermore, voluntarily
seeking treatment immediately after your arrest is a way to show that
you are taking responsibility for possibly having a problem. If you
later are convicted of a DUII, the judge probably will look more
favorably on your situation if you can show that you immediately took
responsibility for recognizing this problem and doing something about
it.
- Bend
- Romano, Michael:
Aside from the usual "drunk driving" phrase, people sometimes refer to Oregon DUII as DWI ("Driving While Impaired" or "Driving While Intoxicated") or DUI ("Driving Under the Influence"). Driving Under the Influence of Intoxicants in Oregon is typically abbreviated and referred to as "DUII." Most people pronounce the charge "dooey" or "dewey."
Driving under the influence of alcohol or controlled substances (i.e. drugs) in Oregon is a crime. Many people are mistakenly under the impression that DUII in Oregon is nothing more than a serious traffic ticket. The truth is that DUII is a class "A" Misdemeanor and is punishable by one year in jail, five years probation, a $6,250.00 fine, a minimum driver's license suspension of one year, community work service, electronic monitoring, and drug/alcohol treatment. Fortunately, most people do not get the maximum penalty for a DUII offense and many people are eligible for the DUII Diversion Program. Nevertheless, the potential consequences of a DUII charge are serious and there are important decisions that need to be made rather quickly in resolving a DUII charge in Oregon.
If you have been arrested or cited for DUII due to a breath test failure (for most people, a reading of .08 or above), you only have ten days from the date of your arrest to request a DMV Implied Consent hearing. This hearing is necessary to challenge an automatic suspension to your license that will be imposed. For most drivers, the suspension will be 90 days and the first 30 days are an absolute suspension (i.e. no driving for any reason). Most drivers with an Oregon driver's license will be eligible for a hardship permit during the last 60 days of the administrative suspension which will allow for travel to and from work and to and from drug/alcohol treatment.
Requesting a DMV Implied Consent hearing is not required, but is usually a good idea. Don't let the marketing hype on the internet fool you. DMV hearings are notoriously difficult to win. Simply requesting a hearing does not ensure that you will be able to avoid an Oregon administrative suspension. However, if you do not request a hearing, you know with certainty that you will lose your driving privileges. The hearings are usually held close to the location at which you were arrested, and are held before an Oregon Administrative Law Judge (ALJ).
The issues to be raised and argued at the hearing vary, but typically include: (1) The reason for the stop. Did law enforcement have reasonable suspicion of DUII or probable cause for a traffic violation? (2) Did law enforcement have probable cause to request Field Sobriety Tests (FSTs)? (3) Was your performance of the FSTs voluntary and were the tests administered correctly? (4) Was the arrest lawful? Were you read your Implied Consent rights? (5) Did you voluntarily agree to perform a breath test (typically into an Intoxilyzer 8000), and was the breath test administered properly and in accordance with Oregon law?
DMV Implied Consent Hearings usually take a few hours and are audio recorded by the ALJ. If you prevail (win) at the hearing, the administrative license suspension is not imposed. If you do not prevail, the administrative license suspension will go into effect as it would have had you not requested a hearing. There are no additional penalties (such as increased suspensions or fines) for having a hearing.
Counties in Oregon vary with respect to their docketing of criminal cases, but in Deschutes County (Bend, Redmond, La Pine, Sisters, Sunriver, etc), your arraignment on the criminal case will typically occur after you've had your DMV Implied Consent hearing (if you've requested one). Your arraignment will typically be held in circuit court before a state judge. Arraignments are important procedurally, but you typically do not need to make any substantive decisions (e.g. you don't have to plead guilty or request a trial) at your first appearance. It is critical that you appear personally for your arraignment or have your attorney do so for you, because the judge can issue a warrant for your arrest if you fail to appear, revoke any security you posted, and possibly exclude you from the diversion program if you are otherwise eligible.
Discovery (police reports, photographs, audio recordings, video recordings, etc.) are typically provided at or soon after arraignment. You will want to review all the materials in the case with your attorney because you most likely will not understand some of the references in the materials or be able to spot issues that an experienced DUII attorney will.
Many people are resigned to the worst in DUII cases. They are depressed and embarrassed after being arrested, or maybe even a little angry. The worst mistake that you can make if you've been charged with DUII is to take the attitude of "I just want to get this over with so I'm going to plead guilty." The best thing you can do is sit down with an DUII attorney and first look at your options.
Bend/Redmond Attorney/Lawyer Line.
- Weikel-Magden, Owyhee:
* DUI/DWI/DUII
* Drug crimes (possession, selling, manufacturing, sales)
* Violent crimes
* Sex crimes (rape, sexual assault)
* Theft burglary
- Brothers, Bruce:
Personal injury, product liability, medical malpractice, and insurance law
Family law and dissolution of marriage
Criminal defense against charges of DUII and felony or misdemeanor accusations
- Brothers
Law Firm: Government is also prohibited from imposing excessive fines
as punishment for a crime. To determine if a fine is excessive, courts
look at whether the fine is grossly disproportionate to the seriousness
of the offense. Therefore, the more serious the crime (such as murder),
the higher the fine may be.
- Beaverton
- Clackamas
- Oliveros & O'Brien:
Driving under the influence, also referred to as drunk driving, is a
hard charge to beat in Oregon. State law specifically forbids plea
negotiations that would amend an original charge of driving under the
influence of intoxicants (DUII) to a traffic offense that doesn't
involve alcohol or drugs.
Nevertheless, you're still presumed innocent until proven guilty, you
still have constitutional rights, and you still have interests to
protect in sentencing even upon conviction.
Although the technical abbreviation of the Oregon charge is DUII, our
clients, and even some legal professionals use DUI and DWI
interchangeably to refer to the same legal problem Ñ operating a motor
vehicle while intoxicated. If you provided a breath or blood sample to
the arresting officer that shows a blood alcohol concentration of .08 or
higher, basic proof of the crime is complete.
If you didn't provide a sample or if it shows .06 or .07, you can still
be charged with DUI on the basis of other evidence, most often the
arresting officer's observations of your speech, appearance, behavior,
coordination and odor.
- Coos Bay
- Vincent, Victor & Evans:
It may be possible to successfully defend or mitigate against a DUI/DUII charge.
- Corvallis
- Lorence
& Dickman: If you have been arrested for Driving Under the
Influence of Intoxicants for either alcohol or drugs, you were probably
asked to take a breath and/or urine test. If you took a breath test and
blew more than .08 blood alcohol content then your license was probably
suspended for a period of at least 90 days. The suspension period could
be longer if it is a multiple offense. If you refused to take the
breath test, your license was suspended for one year or longer. This is
a suspension which is being levied by the Department of Motor Vehicles.
It is completely separate from any criminal charges which may be
brought against you in any court. It is important to understand the
difference. The DMV suspension is a separate suspension and will go
into effect even if the criminal charges are subsequently dropped. Many
people do not understand the difference. It is important that you read
all of the papers given to you after an arrest relating to the DMV
suspension. You are entitled to a hearing on the DMV suspension;
however, you must request in writing, a hearing on that suspension
within 10 days of the date of arrest. This is clearly stated on your
paperwork, yet many people fail to do this. If you have been arrested
for DUII you need to see an attorney immediately.
- Ringo, Stuber, Ensor & Hadlock:
You have a number of rights guaranteed to you by the Constitution, and
by State statutes. First and foremost, you have the right to remain
silent. You should exercise this right. Secondly, you have the right to
an attorney. At the jail you will be asked to take a breath test. At
your request, the police officer must give you a reasonable opportunity
to call a lawyer BEFORE taking the breath test. If you don't know a
criminal lawyer to call for advice, ask for a phone book. Finally, you
will have the right to pay lots of money. Regardless of the outcome of
your case, expect to pay at least a couple of thousand dollars. The
best advice I can give you is also the simplest: If you choose to
drink, let a non-drinker do the driving.
- Eugene
- Grant Pass
- Christopher Mecca:
Almost any criminal charge can result in severe consequences. The person charged may face fines, jail, or prison.
- Gresham
- Ken Kissir:
In criminal law, your constitutional right to a jury trial is the final
defense to weak, false and unfair prosecutions. You need an experienced
trial attorney as this last line of defense. If you have been or think
that you will be charged with a crime, it is imperative that you seek
legal advice immediately. The sooner you have competent legal counsel,
the better able that attorney will be to protect your rights. In a DUII
case, for example, you must request a hearing with DMV to contest your
license suspension within 10 days of your citation or you forever lose
that right.
That's why police officers always set the court date out on the
citation later than 10 days from that time!
Cases arising out of false charges can often be dismissed prior to the
District Attorney filing or indicting the case, but you need an
experienced and aggressive advocate to get through to the DA and
explain your case. If you are charged, a number of legal avenues exist
prior to getting to trial, including civil compromises and outright
dismissals, but again, you need an attorney who knows the criminal
legal system to increase your odds of something like this happening.
- Hillsboro
- Collins, Tom:
Success in criminal cases often hinges on getting started as soon as possible. If the police are attempting to speak with you, or you have been arrested, getting an attorney with the experience and resources to preserve the evidence and find the witnesses as soon as possible is tremendously important. Early intervention may lead to cases not getting charged by the District Attorney, or decreasing the number and severity of potential charges because all of the evidence, not just what the police found makes its way into court.
Since the passage of OregonÕs Ballot Measure 11, along with other laws that call for mandatory prison sentences, the stakes have been raised for defendants in criminal cases. People under investigation or charged with crimes need experienced counsel to assist them through the process, and achieve the best outcome.
- Garland Burton McCaffery:
While all circuit courts in Oregon must follow the Oregon Revised Statutes, the criminal justice process can vary greatly from county to county. It is thus extremely important that a criminal defense lawyer be very familiar with the particular circuit court ("venue") in which the attorney practices.
- Harris Law Firm:
In today's world, we know that no single attorney can stay up to date on every facet of the law.
Oregon DUII Attorneys
Driving under the influence, driving while intoxicated, drunk driving. Everyone makes mistakes, and if you do, you can depend on our firm to provide professional, compassionate representation, while protecting your rights and using every tool at our disposal to ensure an outcome that minimizes the impact on you, through a discrete plea agreement or diversion, or an aggressively contested trial.
Oregon DUII Law
Oregon DUII arrests (often called DUI or DWI) trigger two separate cases: (1) a criminal case, where significant punishment including jail time, fines, mandatory classes, required ignition interlock devices, and other consequences are sought; and (2) a DMV case, where the person's driver's license may be suspended from anywhere from 90 days, to three years.
The DMV Case
IMPORTANT: To contest a DMV suspension, you must request a hearing with the Oregon DMV, in writing, within ten days of the arrest. Failure to do so will mean that DMV will suspend your license without a hearing. If you request a hearing, then the officer must appear at an administrative hearing, and provide evidence that there was reason to believe you were driving under the influence, and that the officer either performed the breath test accurately, or that you refuse the test.
The Criminal Case
Oregon DUI / DWI law does not require that you be drunk to be convicted of Oregon drunk driving. In Oregon, you may be convicted of DUII if you are merely affected to some perceptible degree by the intoxicant you have consumed. The test is whether you lack the clearness of mind and physical control that you normally possess because of the intoxicant you have consumed. Intoxicants include drugs, alcohol, or a combination of both. If you are in such a physical condition through the use of medication, drugs or even fatigue so that you become affected by a lesser amount of intoxicant than would normally affect you, you may still be found guilty of the charge of driving under the influence of intoxicants if your mental or physical faculties are affected to a noticeable degree.
Being convicted of Driving under the influence of intoxicants (DUII) has extremely serious consequences and penalties. If found guilty on a first offense DUII, you could be fined $6,250, your driver's license will be suspended for one year, and you will be required to submit to an alcohol evaluation at your own expense and to complete any treatment program recommended by the evaluator, and you could receive one year in the county jail.
The court may also order:
* A period of probation;
* At least 48 hours in jail or at least 80 hours of community service;
* Unitary Assessment of $90.00;
* Mandatory minimum fine of $1,000;
* That you obey all laws during the probation period;
* That you not drink alcohol or use or possess drugs;
* That you attend a Victims Impact Panel.
For a second DUI conviction the fine will be a minimum of $1,500.00, and a driver's license suspension may be elevated to 3 years.
For a third DUI conviction the fine will be a minimum of $2,000.00, and your driver's license could be revoked for life.
If you are convicted of a fourth DUI you may go to prison for over 1 year and suffer a lifetime drivers license revocation.
Obviously, the jail sentence imposed on a second or third DUI offense will be significantly greater than the sentence imposed on a first DUI offense. The only way to keep from going to jail or being incarcerated is to fight your DUI case and win.
Oregon DUII cases may not be plea-bargained to lesser charges. While plea deals of this type are common in some states, in Oregon this practice is prohibited by state law.
Diversion
For a first time offender, Diversion may be an option. Under state law, a person who has not been convicted of a DUII or participated in another Diversion type program within the last ten years, can apply for Diversion. Diversion requires you to plea guilty or no contest to the charge and agree to undergo alcohol assessment and treatment. There are also fees and costs. Diversion is not available if youÕve been in court ordered alcohol or drug treatment within the past ten years, if there was an injury accident associated with your DUII, or if you have a CDL (Commercial Drivers License). There are also many other discretionary factors a Judge may consider to disqualify a person from entering a Diversion program. Because you have to enter a guilty or no contest plea to enter Diversion, you should have lawyer review the police reports and the DMV materials, including the breath test documentation, prior to entering the program.
- Garland Law:
Our Constitution provides every citizen with certain rights when the government accuses that citizen of a criminal offense. Those rights include the right to remain silent. That is, one is not required to speak with any government official without the presence of an attorney. We have the right to be represented by an attorney at any stage of the proceeding. Further rights provide that the government has the burden of proving the criminal offense against a citizen beyond a reasonable doubt, and that proof of guilt be presented to a jury of citizens from the community.
Before speaking with any person about any criminal offense, please call for an appointment with an attorney.
- John Tyner:
Under Oregon ÒImplied ConsentÓ laws, anyone with a valid driverÕs
license has consented to chemical testing when requested by law
enforcement. Failure to consent to a field test can result in immediate
license suspension and even the impounding of your vehicle. You have
only ten days to notify the Oregon DMV and request an administrative
hearing.
- Ray Bassel:
If you are arrested for DUI or DUII, and you fail or refuse to take a
breath-test, you face an automatic suspension of your driverÕs license
for by the Oregon Department of Motor Vehicles (DMV) unless you request
a hearing within 10 days. This suspension could stand even if you win
your DUI case. If you are convicted, you face steep fines and jail time
of at least two day for a first offense In addition, you could end up
paying high risk auto insurance for several years after you get your
driverÕs license back.
- McNeil Law Office:
Are you afraid of serving jail time for your DWI / DUI arrest? Have you
lost your license due to a DWI / DUI arrest and need to know if you can
get it back? Do you have concerns about fees, license revocation or
rehabilitation requirements due to a recent DWI / DUI arrest?
- Nachtigal, Eisenstein & Associates:
DUI/DWI-Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the influence. A
conviction on DUI/DWI charges may result in fines, the revocation or
suspension of your driver's license, and possible jail time. In
addition, your insurance company may increase your rates to an
unmanageable level. In defending against an impaired driving charge,
you have many rights as a criminal defendant, including the right to
cross-examine the witnesses against you, even if they are police
officers. An experienced criminal defense attorney can make all the
difference in such a difficult case.
- Lake Oswego
- Gilroy Napoli:
Laws in Oregon are becoming increasingly strict regarding drunk driving offenses.
- Medford
- Newberg
- Hansen, Terry:
In Oregon, a DUI charge should be taken very seriously. A guilty verdict will almost certainly have a negative impact on your driving privileges, employment opportunities, family relationships, and insurance rates for a long time to come. Jail time and expensive fines can happen even on your first offense.
Most importantly, three DUI convictions in Oregon within 10 years mean an automatic lifetime suspension of your drivers license. The fourth conviction will result in a mandatory prison sentence of not less then 13 months and no more than 5 years with up to a $100,000 fine.
- Oregon City
- Elliott, Andrew:
DUI
Driving under the influence is a serious charge with serious consequences. If you are convicted of DUI, you may face jail time, fines, alcohol treatment, mandatory additional insurance, and expensive interlock devices on all vehicles you drive. Many of these consequences are mandatory, and a judge must impose them regardless of the circumstances of your case. Additionally, the DMV can suspend your license whether or not you are convicted.
DUII charges also carry personal consequences. For many people, a DUI charge is their only experience with the criminal justice system. The process can be frightening, embarrassing, and stressful. Andrew Elliott is here to help with skill and compassion.
Diversion
In Oregon, some DUI cases are eligible for diversion. If your case is eligible, you may be able to avoid a conviction and the risk of trial. Generally, a case is eligible if it is a first offense in 10 years, no one was injured, you do not have a CDL, and you do not have an assault or manslaughter conviction.
Even if you are eligible for diversion, you should have an experienced DUI lawyer carefully review every aspect of your case to make sure diversion is the right direction to go.
Implied Consent Hearings
If you are arrested for DUI and either refuse to take a breath test or have a breath test result over a .08, the DMV can suspend your driver's license. In order to avoid this suspension, you must request a hearing within 10 days of the arrest. Even if you win your criminal case for DUII, the DMV can suspend your license.
The length of an administrative suspension from the DMV depends on your history and whether or not you took the breath test. Regardless of the length of suspension you face, you will want an experienced attorney on your side when you go up against the DMV.
- Cross, Mark:
* Oregon Measure 11 crimes, such as arson, rape, kidnapping, 1st or 2nd degree assault, and other violent offenses that carry mandatory minimum sentencing
* Drug crimes, including prescription drug fraud, drug possession, possession with intent to distribute, drug manufacturing (including meth labs) drug conspiracies, narcotics trafficking and drug importation
* DUII/DUI/drunk driving and related offenses
* White collar crimes such as embezzlement, forgery, tax fraud, mail/wire fraud, benefits fraud or bank fraud
* Public corruption or bribery
* Environmental crimes such as illegal dumping, polluting waterways and hazardous waste violations
* Juvenile crimes, including minor in possession of alcohol, shoplifting, vandalism, drug crimes and violent crimes
* Prostitution and solicitation of prostitution
* Property and theft crimes including robbery, burglary, bank robbery and armed robbery
* Parole and probation violations
* Sex offender registration violations
* Conspiracy and accessory counts
* Domestic violence and other violent crimes
* Negligent homicide or vehicular homicide
* Murder/aggravated murder/attempted murder
- Bailey, Mark:
If you are facing a DUI or DUII charge in
Oregon, you want an experienced attorney to
defend you. When you have been arrested for
driving under the influence of alcohol or
driving under the influence of intoxicants, you
are facing both criminal and civil charges.
A DUI or DUII charge carries heavy consequences if convicted, such as:
* Having your license suspended or revoked * A misdemeanor or felony
conviction on your record * Jail time * Expensive fines * The
potential for lost wages * Difficulty finding work with a criminal
record
License Suspension and Revocation
Anyone arrested for a DUI or DUII could have their driver's license
suspended even if the charges are dismissed. At my office, my staff and
I will help you file for Hardship Permits. These permits allow you to
drive under certain restrictions while your license is suspended or
until you get your permanent license back. Criminal Charges
Defending a client charged with DUI/DUII requires special skills and
experience for a number of reasons. Issues related to driving license
suspensions, breath tests, sobriety tests, Miranda warnings and
additional "add-on" charges, such as reckless driving or assault,
require the assistance of a lawyer with knowledge of the system and
litigation skills. You have a limited number of days to request a DMV
hearing. You can lose your license for a period of time ranging from one
year to life.
- Bruce Shepley:
If you are or may be accused of having committed a criminal act, it is
almost always in your best interest to obtain legal representation as
soon as possible.
- John Henry Hingson: There are
serious federal and state constitutional implications present in every
DUI case. new cases are being decided every day from the U.S. Supreme
Court all the way down to State Appellate Courts throughout the
country, which are routinely deciding issues that are placed before it
in the field of driving under the influence. Driving Under the Influence (DUI):
People often wrongly assume that the DUI law only covers drunk driving. It includes controlled substances, including certain drugs, alcohol or a combination of both. Under Oregon law, the prosecutor need only show that you were affected to some perceptible degree by the intoxicant you consumed. Thus, you can be convicted of DUI, if your mental and physical faculties were affected to a noticeable degree by a combination of intoxicants plus, for example, fatigue, even though you consumed an amount of intoxicants that was less than what would normally affect you. In other words, the state does not have to prove you that were drunk or severely impaired by drugs as long as it can prove that the intoxicants affected your driving to a noticeable degree.
Also, it's important to remember that a DUI may be committed not just on a public highway but also on any premises open to the public. Thus, the law applies to parking lots, transit station parking facilities and schoolyards. It does not apply to driving on private land not open to the public.
- Portland
Portland
Portland
- Roseburg
- Arneson Group:
When charged with a DUII offense, it is important to hire an attorney who understands how to protect your rights and interests in both criminal court and before the Department of Motor Vehicles (DMV).
- Salem
- Seaside
- Campbell & Popkin:
Estate Planning á Trusts á Probate á Business á Real Estate á Elder Law á Guardianships á Conservatorships á Criminal á Family
- Stayton Oregon
- McGehee Law Office:
Drunk driving is a very serious crime and one that you will need help getting through.
- St. Helens
- Robert Salisbury:
Any conviction can have serious, long-term consequences, including:
¥ Being disqualified from employment opportunities
¥ Having your assets and property taken from you
¥ Having your driver's license temporarily or permanently revoked
¥ Jail or prison
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