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Beaverton DUI Lawyers

1. Helzer & Cromer: DUII in Oregon Besides alcohol, driving under the influence of intoxicants (DUII) can involve prescription drugs, illegal drugs, and other controlled substances. No matter what intoxicant is involved, an individual charged with DUII faces the same strict penalties if found guilty. Trial Alternatives Besides the time and cost involved in the original court proceedings, having a criminal record can affect an individual for years to come. Finding a job, renting an apartment, and other facets of life can be made more complicated with a criminal record.
2. Jensen & Leiberan: Many people who are arrested for driving while under the influence of intoxicants mistake an arrest and the results of a breath test as a final legal decision. That is not the way our justice system works. You have legal rights and we can help you exercise them. No matter what the specific circumstances of your case, please do not assume that there is no hope. A knowledgeable DUII lawyer can analyze your individual situation and help you choose the solution that is best for you.
3. Proctor & Popia: Driving Under The Influence Of Intoxicants (DUII) Charges In Oregon, the legal limit for blood alcohol level (BAC) while driving a vehicle is .08. However, in Oregon you may also be arrested and even convicted of DUII if your BAC shows a result of less than .08. That is because the law states that a person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person has a BAC of 0.08 or more or is under the influence of intoxicating liquor, a controlled substance or an inhalant; or a combination of intoxicating substances. You may also be surprised to learn you can be convicted of DUII if your driving is adversely affected by prescription medication. Finally, although drivers with CDL's were once ineligible for diversion, recent changes may allow some drivers with a CDL that is no longer valid, to participate in diversion.
4. Corbridge Law Group: If you have been arrested or charged with any crime, you need an aggressive, devoted criminal lawyer that will provide you with the best possible defense which you are entitled to. If you are in the position of having to go through a criminal proceeding, you will need an experienced criminal lawyer who can help you with your criminal problem.
5. Shelley Fuller: If recent events such as DUI, criminal charges, an impending divorce or other matters have required that you seek an attorney, donāt delay. Drunk Driving and Driving Under the Influence of Intoxicants in Oregon Oregon law prohibits driving under the influence of intoxicants (DUII.) Simply by operating a motor vehicle, you impliedly consent to provide a breath or blood sample or perform field sobriety tests if requested by an officer. Conviction for DUII can result in serious penalties including the following: * Loss or suspension of license * Large fines * Substance-abuse treatment * Jail or prison time * Community service * Restitution * Criminal record * Restrictive probationary license programs, including ignition interlock devices and additional insurance premiums Driving Under the Influence There are many misconceptions about the law regarding drunk driving and driving under the influence. For clarification, the following are true: * You don't have to be drunk to be convicted of DUI, DUII or DWI. You need only be "impaired" to a noticeable degree. * You can be arrested even if your blood alcohol level is lower than .08 * Intoxication or impairment is not always caused by alcohol. Other substances can cause intoxication or impairment, including prescription medications (such as anti-depressants and pain killers,) drugs (such as marijuana and methamphetamines,) or a combination of alcohol and other controlled substances. Our attorneys are committed to defending the rights of those accused of driving under the influence of intoxicants. Beware of Ethyl Glucuronide (EtG) Testing When an individual has consumed alcohol or been exposed to a product containing alcohol, the body produces a chemical called Ethyl Glucuronide or EtG. New testing can detect EtG in a person's urine up to 80 hours following consumption or exposure to alcohol. Unfortunately, the accuracy of EtG testing is not well-established. In fact, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) has found as follows: "Currently, the use of an EtG test in determining abstinence lacks sufficient proven specificity for use as primary or sole evidence that an individual prohibited from drinking, in a criminal justice or a regulatory compliance context, has truly been drinking. Legal or disciplinary action based solely on a positive EtG . . . is inappropriate and scientifically unsupportable at this time. These tests should currently be considered as potential valuable clinical tools, but their use in the forensic setting is premature." The problem with EtG testing is that consumption or exposure to medicines and other products containing alcohol may yield a positive test result. These products include: * Alcohol-based hand sanitizers (such as Purell) * Cough syrups containing alcohol * Household cleaning products * Denatured alcohol * Mouthwash * Desserts containing alcohol * Wine Vinegar * Products containing ethanol People who have been exposed to alcohol through any of these products could be accused of drinking even though they haven't technically consumed alcohol. Many people are revoked from diversion programs, accused of violating their probation, or face revocation of a professional license. In some cases, medical professionals such as doctors and nurses have lost their professional licenses and employment due to EtG results which were a result of incidental exposure and not actual consumption of an alcoholic beverage.
6. Peter Carini: To preserve your right to drive in Oregon, you must request a hearing within 10 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 30 days. If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. This temporary license is good for only 30 days. If you lose your case at the hearing, your license will be suspended when the temporary license expires. It is our opinion you should request the officer's presence at the hearing. Crucial defenses can be developed at the hearing, and if you want to substantially increase your odds of winning your case, or need to know whether your case is winnable, you will need to request a DMV hearing. 1.WILL I BE ABLE TO GET MY DUI CASE DISMISSED BECAUSE I WAS NOT READ MY RIGHTS? Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you. 2. WHAT ARE MY RIGHTS? Follow this link. 3. WILL I GO TO JAIL? Oregon law says that Driving Under the Influence of Intoxicants - DUII- is a Class "A" misdemeanor. The maximum penalty is 1 year in county jail and a $6250 fine. DUII can be a considered a felony if you are convicted of four DUII offenses in a 10 year period. If this happens, you will be sentenced to the state penitentiary. Typically, though, in Oregon, if you are a first time DUI offender, you will be offered "diversion". Diversion is a program established by law that allows a person who is a first time DUI offender to avoid a conviction upon completion of certain requirements established by the court. If you are convicted of a DUII in the State of Oregon, the minimum sentence that can be imposed is 2 days in the county jail or 80 hours of community service, a $1000 fine, and usually a 1 year driver's license suspension. County court judges usually impose a jail sentence anywhere from 2-15 days of jail. For second DUI offenses the fine will be a minimum of $1500. For a third DUI offense the fine will be a minimum of $2000. (BUT A LIFETIME DRIVERS LICENSE REVOCATION!) If you are convicted a fourth time for DUI you may go to prison for over 1 year and suffer a lifetime drivers license suspension. 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. 4. CAN I PLEA BARGAIN MY WAY OUT OF A DUII? In Oregon, a DUII will never be plea-bargained to a non-alcohol/controlled substance offense. The legislature has passed a law that makes such plea agreements unlawful. The prosecutor cannot dismiss the DUII offense in exchange for a plea of guilt to a different offense. ORS 813.170 5. IF I HAD A PRIOR CONVICTION FOR DUII WITHIN 5 YEARS OF MY RECENT DUII ARREST, WHAT WILL HAPPEN TO MY LICENSE IF I AM CONVICTED? The court will suspend your license for a period of 3 years. If you are a CDL holder, you will lose your CDL license for life. 6. IF I HAD THREE SERIOUS OFFENSES WITHIN 5 YEARS, WHAT WILL BECOME OF MY LICENSE? You will be deemed by the DMV as a habitual offender. Your license will be revoked for 5 years. 7. HOW LONG WILL I HAVE TO ATTEND ALCOHOL CLASSES? The alcohol classes typically mandated by the courts last 12 weeks. The court's staff will evaluate you. If you have a significant problem with alcohol or drugs, you may be ordered to attend intensive treatment which could mean having to attend classes 2 or more times per week. As a term of your probation you will be required to pay for the classes. You will also be required to abstain from the use of alcohol and non-prescribed controlled substances for the term of the classes. 9. I LOST MY LICENSE IN OREGON. MAY I OBTAIN A LICENSE IN ANOTHER STATE? In most cases, no. 10. AM I A BAD PERSON BECAUSE I WAS ARRESTED FOR DUII? No. Driving after drinking responsibly is not a crime in Oregon. It is legal to drive after drinking alcohol. However, you are well advised to never, never smell like alcohol while behind the wheel. If you do, and you are pulled over by the police, you will be arrested. Many legally innocent people are arrested in Oregon for DUII. 11. WHAT IF I BURPED WITHIN FIFTEEN MINUTES OF BLOWING? The breath machine may have read alcohol from your stomach rather than your lungs. The result will be incorrect. A similar problem occurs with dentures and people who suffer from gastroeseophageal reflux disease (GERD), heartburn or hiatus hernia. The breath test machine is merely making a estimate of your blood alcohol level based upon the level of alcohol coming out of your lungs. The accuracy of the estimate is predicated on many presumed factors. These presumptions often are not justified for many individuals.
7. Keith Walker:

   There are several traffic crimes, misdemeanors and felonies. They are all serious and carry license suspensions. You should seek legal advice to learn the options and the consequences of each charge.

   1. Driving While Under the Influence (Alcohol or Controlled Substance) ORS 813.010.
      This is a misdemeanor and the first one within a 10 year period can be "diverted" (Diversion). If a person completes Diversion, the DUII will be dismissed after one year. Thereafter, the next DUII following Diversion carries a minimum sentence of 2 days jail, $1000 fine, and license suspension of one year.
      
      In addition to the criminal offense of DUII, if the Intoxilyzer result is .08% or higher, the Department of Motor Vehicles will suspend your driver's license for 90 days. You have a right to a hearing if you request one within 10 days of the arrest. Accordingly, time is of the essence and you should call an attorney immediately.
      
      The fourth DUII becomes a felony.
      
      
   2. Reckless Driving ORS 811.140.
      This charge is a misdemeanor. A typical sentence for Reckless is a fine, sometimes community service or a Safe Driving Course AND a 90-day driver's license suspension. This type case is a difficult one for the prosecution to prove because of the definition of "Reckless" so it can often be negotiated to a Careless Driving which is not a crime but a traffic infraction.
      
      
   3. Hit and Run (Failure to Perform the Duties of a Driver when Property is Damaged) ORS 811.700.
      This is a misdemeanor. If a person is injured, it is a felony pursuant to ORS 811.705.
      
      The typical sentence for the misdemeanor is a fine AND license suspension of 90 days. A felony sentencing can be much more severe. A thorough investigation of the charge can often reveal problems with the prosecution and, because of the seriousness of the consequences, you should seek legal advice.
      
      
   4. Attempting to Elude ORS 811.540.
      This is a felony if attempting to elude while driving your vehicle but a misdemeanor if you get out of the vehicle and run. Often, a person charged with Attempting to Elude did not realize that a police officer was attempting to get their attention and have them pull over. You may very well have a defense to the charge and should seek legal advice.
      
      A typical sentence involves a fine AND a license suspension.
      
      
   5. Driving while Suspended
      Infraction 811.175 (1) (a) Driving while suspended.
      
      Misdemeanor 811.182. Driving when suspended for recklessly endangering another, menacing or criminal mischief while driving; suspended for perjury or making false affidavit; suspended for refusing to take a breath test or blowing higher than .08%; suspended for being an habitual offender; being suspended for a crime punishable as felony, hit and run, reckless driving, attempting to elude, DUII.
      
      Felony. If suspension resulted from conviction for Murder, Manslaughter, Criminal Negligent Homicide or Assault with an automobile.
      
      Often a felony can be reduced to a misdemeanor or a misdemeanor can reduced to an infraction. Because of the seriousness of a conviction on your driving record, and the inconvenience of have your licence suspended again, you should consult with an attorney before simply pleading guilty or no contest.