Eugene DUI Lawyers

Robert J. Larson: If you have been charged with DUII and haven't hired an attorney yet, do so. An attorney very well may be able to help you in ways that we haven't gone into here. Also keep in mind that the above is general information and each case has its own particular facts that may require a different approach. DUII is serious and you should treat it seriously. What to do when you are stopped for driving under the influence in the State of Oregon. General information only, see an attorney for advice on your case. If you want to skip ahead to what happens after you have been arrested by the police and cited to appear in court click here to go to the Court section. First, call an attorney immediately. In Oregon your license to drive may be suspended after a DUII arrest. if you do not request a hearing to contest the suspension within 10 days of the date you are arrested for DUII and you failed or refused the breath test. ( The request must BE RECEIVED AT THE DMV Hearings Branch within 10 calendar days of the date of arrest, NOT JUST MAILED. ) The suspension by DMV is independent of what happens in court. This suspension for refusal of a breath test or failing the test is not part of the criminal DUII charge. Don't wait too long to call an attorney. Most stops for DUII are accompanied with a suspension for either failing or refusing a breath test. This is not true in every case but it is important that you call an attorney in any case. The following information is of a general nature as each case turns on its own facts. The sooner you can contact an attorney, the better off you may be. If you can call an attorney right after being stopped go ahead and do that. However, if you are stopped at 2 a.m. and can't reach an attorney, contact one the next day, don't wait. You can reach me at my office in Eugene, Oregon at 541 343 3640 OR 685 9100. Needless to say, the best defense is not getting stopped at all and that means, don't drive after you have been drinking. This is especially true if you have had more than one or two drinks OR IF YOU FEEL THE ALCOHOL AFTER JUST ONE DRINK. In Oregon if you have a breath test result of .08 or higher you are presumed to be under the influence of alcohol. That presumption can be defended against in court but it is better not to be in that position as you may lose. Obviously the best defense is having a .00 breath reading or a low reading. If you are under 21 DMV will suspend you if you show any alcohol at all unless you have a legal defense. Again give me a call at 343 3640 or 685 9100. If you can't reach me call an attorney in your area. You don't have to be "drunk", merely under the influence to be charged. If you want to skip ahead to what happens after you have been cited in to court click here to go to the Court section. . Driving Under the influence in Oregon, means being perceptibly affected by the use of intoxicants while operating a motor vehicle on a road open to the public. ( PERCEPTIBLE applies to what can be discerned by the senses often to a minimal extent ). The charge of DUII is really an allegation that while operating a motor vehicle you were affected minimally by an intoxicant in any of your physical or mental faculties by the use of an intoxicant, which can include not only alcohol but drugs or prescribed medications. A bicycle is considered a motor vehicle under Oregon law. You can also be charged with Driving a Boat under the influence of alcohol. Again, remember, you don't have to be drunk to be convicted of driving under the influence. The only advantage to having something non-alcoholic to drink after having been drinking alcoholic beverages is that it takes time and in that time you may be burning off some of the alcohol you drank. Let someone who hasn't been drinking do the driving and give you a ride home. If that is not an option call a cab, $30 for a cab is a lot less than several THOUSAND dollars in court costs, diversion fees (if eligible), attorney fees, etc. Getting a ride can also save you from being involved in an accident and killing someone, in which case money will be the least of your worries. Ok, so you didn't follow the advise above and you have been pulled over by that friendly officer in blue who really thinks he is General Patton and you are the enemy. What do you do? After trying DUII cases in Oregon for over twenty years, I can tell you a few things that will help avoid additional problems. Please keep in mind that these are general rules but they can help make a bad situation from getting worse. Be courteous, even if the police officer isn't! You don't have to be offensive to assert your rights to remain silent and refuse the eye test (horizontal gaze nystagmus test) and the balance or field sobriety tests. Your refusal may be used against you in court. If you are asked to take some balance tests, also known as field sobriety tests, politely refuse, stating that you want to talk with an attorney and you do not want to take any balance or field sobriety test or say anything until you have the opportunity to consult with your attorney. You can always tell the officer you are too nervous, too tired, or both, if that is the truth, but that may open the door for further comment or questions where you get yourself into trouble. Simply tell the officer you don't want to take any field sobriety test or discuss anything about your driving or alleged drinking until you talk with an attorney. Please keep in mind a field sobriety test is NOT THE SAME THING AS A BREATH TEST. Because of the consequences for failing to take the breath test we now advise clients as a GENERAL rule to take the breath test. SEE BELOW. The officer may arrest you after you refuse to do the field sobriety test but the chances are he or she will do that anyway. If you haven't had anything of an intoxicating nature and are in reasonably good shape and not overweight or have poor coordination you may want to take the field sobriety tests, especially if you have a sober witness with you who can observe the tests. Remember these tests are difficult to take completely sober and are divided attention tests that have multiple elements. For example, you may be asked to walk an imaginary or real line for 9 steps, pivot turn as demonstrated and walk back while keeping your heel to your toe and counting each step out loud with your arms down at your side. Doing this test completely sober under stress can be difficult. Also you are relying on the officer to be fair and objective and the officer is looking for ANY minute mistakes. The officer's report might read as follows: "I told him to stand at attention when I was explaining the tests and he moved, I told him to touch his toes together while walking nine steps, counting each step out loud and in a straight line with his arms at his side. He walked the nine steps but he moved his hands out at steps 4,6, and 8, and also failed to count out loud on his way back and didn't touch his heel of his shoe with his toe." AND YOU THOUGHT YOU DID IT PERFECTLY!!!!!! I would much rather defend a case without a divided attention/balance test, i.e. field sobriety test, than one where I have to deal with a police officer's frequently exaggerated and hyper critical assessments of how you did on the test. Don't debate the issue of refusing the balance/divided attention tests with the officer. If the tests are being video taped you may not be told that but there are a few sure clues. First, you can always just ask the officer if he has a video camera and if he says no you can use that as an explanation for not taking the field sobriety test (remember that does not include the breath tests. The general rule of thumb regarding breath test is to take the test because the suspension period for a refusal is one or three years depending on your prior driving under the influence history.) And now the State legislature has amended the law to also impose a financial penalty for refusing the breath test. If the officer doesn't tell you about a video recording, you may be able to figure it out anyway. The major clue is that the officer will have you stand directly in front of his patrol vehicle so that the camera, which is mounted inside can record you. The video recorder will also be making an audio recording of anything that is said. My general experience is that the police are not using video in most cases as it helps the defense in many instances and the cops know this. Assume that everything you tell the officer is being audio taped. This is not true in some jurisdictions but it is common for the State Police to use audio tapes and sometimes video tapes. In some cases, I have had the officer keep the tape going even after going into the jail and taking the breath test. BREATH TEST... Regarding breath tests in Oregon, you will be asked to take a breath test and correctly advised that if you refuse to take the test that your license will be suspended for at least a year and maybe three years. I now advise clients in Oregon to take the test, as the suspension of your driver's privileges for that long a period of time can have tremendous effects on you. If you are already suspended for a years period of time or longer then I would probably advise you to refuse the test. Also if you don't care about being suspended for refusing the test then it gives your attorney a better opportunity to defend you on your Driving Under the Influence charge but keep in mind even if you win the criminal case and you were suspended for a refusal, that suspension will not be lifted because you were acquitted. If you take the breath test in Oregon and fail it, you will be suspended by the Department of Motor Vehicles for at least 90 days and it could be longer if you have a prior failure , refusal or duii conviction. This suspension is in ADDITION to any suspension you may get if you are convicted later of Driving Under the Influence. Again, I want to emphasize that being polite and not argumentative is the best way to handle the police officer. You can also politely refuse to take any test. You don't have to curse the officer or tell him where to go. After you take the breath test you have a right to have a blood test taken at your own expense and the officer has to transport you to a hospital for that test. It will probably cost you between $80 and $120 but it could be worth it if the breath test turns out to be inaccurate. If the officer asks you for your driver's license, you should give it to him or her. If the officer asks you where you reside, you should provide that information. In most cases in Lane County, Oregon you will be given a citation to appear in court and released after taking the breath test. However, if you get argumentative or abusive, plan on spending a day or so in the gray bar hotel (otherwise known as the jail) before you get bailed out. When you are taken into custody the police will handcuff you. Usually they put the cuffs on too tight, so don't be afraid to point that out, but again do it politely. You can always sue them later if they used excessive force but calling him or her a son of a bitch or worse won't improve the situation. Don't try and sweet talk the cop. It won't work and it sounds bad on the tape the next morning. Don't try and bribe the police, it will get you in more trouble, such as a felony charge. Generally the best rule of thumb is to immediately assert your right to an attorney and remain silent. However if you want to discuss anything I suggest you limit your remarks to the following if it is truthful and not to go further. The problem here is that in most cases people will say more than the bare minimum. With that in mind: It is ok to tell the officer about your broken leg or bad back. However, a smart policeman might ask something like this: "Well did your broken leg cause your breath to smell like a brewery?" or "Did you break your leg after drinking too much tonight?" It is ok to tell the officer about your diabetes or hyperglycemic or hypoglycemic condition. It is ok to tell the officer that you have optic nerve damage from the war or some other cause if you do have such a problem. It is ok to tell the officer about your inner ear balance problem. It is ok to tell the officer that you are dyslexic if you are. Don't lie!!! Again it is best to say nothing at all. If you don't have any relevant condition to tell him or her about, say nothing at all. Don't tell the officer you only had two beers and were just in a fight with your husband or wife. It won't help and all you will be doing is digging yourself into a hole. Don't say "I can't even do these tests sober". That is an implied admission of guilt in most peoples view. Don't tell the officer "I'm not drunk." You aren't being charged with being drunk, you are charged with being under the influence which means that the alcohol or drugs you took (legal or otherwise) have affected you to a noticeable degree in any of your physical or mental faculties. If you admit you feel the alcohol "a little bit", YOU ARE INCRIMINATING YOURSELF. If you are asked to rate yourself on a scale of 0 to 10 with 0 being perfectly sober and 10 being falling down drunk, don't say "Oh, I'm a three or a four." Refuse to answer the question and assert your right to an attorney. An attorney may be able to argue about what you meant if you ignore this advise and answer the question but at least some of the jurors are going to take that as an admission that you felt the alcohol. Just tell the officer you have nothing to say until you talk to an attorney and that you don't want to answer that or any other questions about your drinking or driving. The sooner you assert your right to talk to an attorney and remain silent the better off you will be but don't go saying something after that or it will be construed as a waiver or giving up of your rights, in many cases. As mentioned above, it is ok to give out your name, address, phone number and the name of a person who can give you a ride home. If you are arrested and released, DON'T GO GET YOUR CAR. If you do the chances are you might join the exclusive "Two Bagger Club" where you get charged a second time in one night for DUII. IT HAPPENS! Also if you have been charged with DUII and haven't hired an attorney yet, do so. An attorney very well may be able to help you in ways that we haven't gone into here. Also keep in mind that the above is general information and each case has its own particular facts that may require a different approach. DUII is serious and you should treat it seriously. Driving Under the Influence of Intoxicants in Oregon is a crime. In Oregon, the MINIMUM penalty is two days in jail OR a minimum of 80 hours of community service and a $1000 fine or more if a 2d conviction. The Maximum penalty is 1 year in jail, a $6250 fine ($10,000 in some cases) plus costs and assessments, a required alcohol education or rehabilitation program that can include a required residential program, a one year suspension of your driver's license for a first time DUII conviction. in addition to any suspension for failing or refusing the test, however they may run concurrent from the effective date of the last suspension. Also required is a mandatory attendance at a one day victims impact program and any other general conditions of probation the court may impose including no possession or consumption of alcohol. The Legislature has raised the MINIMUM fine to $1000 for the first offense, $1500 for the second and $2000 for the third in addition to all the other penalties. Also if this is your fourth DUII in a period of the last ten years (in Oregon or elsewhere) it will be treated as a Class C felony with different and more serious penalties., see ORS 813.010. The MINIMUM fine for a person convicted of a third or subsequent conviction if not sentenced to a period of imprisonment is $2,000. Go to the bottom of this page to see the actual statute. If you have no prior convictions for DUII and you meet other qualification requirements you may be eligible for a diversion program. Ask your attorney about this program and see below for more information on diversion. One of the consequences for being convicted of DUII is that when you get your driver's license back you will be required to install an ignition interlock device at your own expense and keep it in your car for at least one year. Also if you fail a breath test and apply for a hardship you will be required to install the device. Participation in a diversion program or conviction for a DUII will be noted on your driving record and your insurance company will have access to that record. Criminal Driving while suspended when the suspension is for conviction for Felony Driving Under the Influence, is a Class C felony in Oregon, and carries with a maximum penalty of five years in prison and a maximum fine of $100,000 plus cost with a minimum $1,000 fine for the first offense and a minimum $2,000 fine for the second offense. see ORS 811.175 and 811.182. If the underlying charge is a DUII misdemeanor then the Driving While Suspended is a class A misdemeanor with a minimum fine for the first time offense of $1,000. The Court can sentence you up to a maximum of one year in jail. If the DWS is a second DWS then the fine will be greater. Any hardship driving permit for a DUII conviction requires employment verification and also you will be required to install an intoxilizer ignition interlock system. Ask me for more details. The Oregon Legislature revised some of the DUII laws over the past two sessions. Among the changes are laws regarding the breath test and diversion. In addition to being suspended for refusing a Breath test you can now be fined between $500 and $1,000. Another changes is that if you are eligible for the diversion program you now have to plead guilty to the DUII charge to get the benefits of diversion and if you fail diversion you will not get a trial but will be sentenced. Also the legislature has provided that on a third conviction for DUII you will have your license revoked for up to 10 years to life, read the statute below: 809.235 Permanent revocation of driving privileges upon conviction of certain crimes; restoration of privileges. (1)(a) Notwithstanding ORS 809.409 (2), the court shall order that a person�s driving privileges be permanently revoked if the person is convicted of any degree of murder or of manslaughter in the first degree and the court finds that the person intentionally used a motor vehicle as a dangerous weapon resulting in the death of the victim. (b) The court shall order that a person�s driving privileges be permanently revoked if the person is convicted of felony driving while under the influence of intoxicants in violation of ORS 813.010 or if the person is convicted of misdemeanor driving while under the influence of intoxicants in violation of ORS 813.010 or its statutory counterpart in any other jurisdiction for a third or subsequent time. (2)(a) A person whose driving privileges are revoked as described in subsection (1) of this section may file a petition in the circuit court of the county in which the person resides for an order restoring the person�s driving privileges. A petition may be filed under this subsection no sooner than 10 years after the person is: (A) Released on parole or post-prison supervision; or (B) Sentenced to probation if the probation is not revoked and the person is thereafter discharged without the imposition of a sentence of imprisonment. (b) The district attorney of the county in which the person resides shall be named and served as the respondent in the petition. (3) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider: (a) The nature of the offense for which driving privileges were revoked. (b) The degree of violence involved in the offense. (c) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation. (d) The recommendation of the person�s parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public. (e) Any other relevant factors. (4) If, after a hearing described in subsection (3) of this section, the court is satisfied by clear and convincing evidence that the petitioner is rehabilitated and that the petitioner does not pose a threat to the safety of the public, the court shall order the petitioner�s driving privileges restored. [1993 c.761 �2; 1995 c.661 �2; 2001 c.786 �1; 2003 c.346 �2; 2003 c.402 �22; 2005 c.436 �1] Also DUII can be charged as a felony: "Driving while under the influence of intoxicants is a Class C felony if the defendant has been convicted of driving while under the influence of intoxicants in violation of this section or its statutory counterpart in another jurisdiction at least three times in the 10 years prior to the date of the current offense and the current offense was committed in a motor vehicle. For purposes of this subsection, a prior conviction for boating while under the influence of intoxicants in violation of ORS 830.325 or its statutory counterpart in another jurisdiction, or for prohibited operation of an aircraft in violation of ORS 837.080 (1)(a) or its statutory counterpart in another jurisdiction, shall be considered a prior conviction of driving while under the influence of intoxicants." ORS 813.010 (5). One of the more recent changes was to not allow diversion for a person who holds a commercial driver's license. The above is general information only. See an attorney immediately if you are stopped and cited for Driving Under the Influence. The case law in this area is continuously changing so make sure you see an attorney as soon after your stop as possible.

Arnold Law Office: Understanding DUI Diversion Diversion requires a time and money commitment. You must pay the diversion fees, the attorney fees and take alcohol classes. In addition, you also have to attend a victim impact panel, in which you listen to the stories of DUI accident survivors. The most important aspect of a diversion program is staying clean and adhering to the diversion agreement. If you follow the diversion agreement, your case will be dismissed and your record remains clean of a crime conviction. The diversion, however, remains on your record.

Metcalfe, Joe: Being charged with a DUII can by a frightening and confusing experience. Many people do not understand the complexity of DUII charges and the potential consequences they face or the options they have to combat these charges.

Mizejewski, Max: Most people agree that driving while you are high and/or drunk is not a good idea, but it is also a very common and sometimes difficult to avoid occurrence in America�s geographically dispersed car culture. Residents of Oregon should be aware that the state�s drunk driving laws are some of the toughest in the country, making DUII (Driving Under the Influence of Intoxicants) an extremely serious offense. If you�ve been charged with DUII, you�ll want to have an experienced Oregon DUII lawyer on your side to ensure you make the best possible decisions throughout your case. A conviction for DUII, also known as DUI or DWI, can have numerous consequences, including: * Jail time, minimum two days * Large fines, minimum $1,000 * Community service, minimum 80 hours * Alcohol education classes * Loss of license or driving privileges * Installation of an interlock device on your vehicle Losing your driving privileges can create major obstacles in your everyday life. After a DUII arrest, you are at risk of losing your license both criminally (through the court) as well as civilly (through the DMV). A DMV hearing is used to determine whether you will keep or lose your license, regardless of whether or not you are convicted. Long term consequences of a DUII conviction can include difficulty obtaining employment, maintaining professional licenses, and qualifying for financial aid for schools. In addition, those offenders that are professional motor vehicle operators may lose their commercial driver�s license and be completely out of work. In order for a person to be convicted for DUII in the state of Oregon, the must be prove that a person was driving a vehicle on premises open to the public while under the influence of an intoxicant. If you are arrested for a suspected DUII, you will be asked to take a breath, blood or urine test. WARNING: If you fail or refuse the test, your license will be confiscated and the DMV will automatically suspend your driving privileges anywhere from three months to a year or more. YOU ONLY HAVE TEN DAYS TO REQUEST A HEARING TO CONTEST YOUR LICENSE SUSPENSION. Because of these sorts of time constraints, it is crucial that you contact an experienced DUII lawyer as soon as possible after a DUII arrest. Hiring legal help quickly allows the lawyer to gather witness statements while the circumstances are still fresh in the witness's minds. Witness testimonies can be very helpful to any case, and having a more accurate and detailed account of the situation is often extremely beneficial.

Melevin, Douglas: If you have been charged with a crime, including DUI/DWI, you have a lot to lose. The impact of a conviction can be devastating, including incarceration, loss of driving privileges, substantial fines and loss of employment opportunities, not to mention damage to your personal reputation. The consequences of a criminal record can follow you for the rest of your life. When your rights and liberty at stake, working with an experienced and knowledgeable criminal defense attorney is essential.

Fine, Laura: The Issue is Not "Did You Do It?" - The Issue is "Can They Prove it?" You are innocent until proven guilty ... hold prosecutors to their burden of proving each and every element of alleged crimes beyond a reasonable doubt. Motions to Suppress prevent illegally obtained evidence from being used against you; Motions to Exclude prevent the use of coerced or false confessions in court. Thorough research, investigation and preparation makes the winning difference at trial. Sentencing Considerations Even if the State can prove the elements of the alleged crime, there remains the issue of appropriate sentencing. Prosecutors routinely seek overly harsh punishments, even for first time and young offenders. Mitigation evidence is crucial to showing that the criminal action does not define the person. All people are comprised of their life experiences - the good, the not so good, and the understandable. Mitigation evidence presents you as a dimensional person and not just as the person who stands accused.

George Derr: Traffic violations can have implications in many areas of your life. There can be fines, insurance rate hikes, and even a loss of your license in extreme cases.

Hugh Duvall:

SEVEN THINGS EVERYONE SHOULD
KNOW ABOUT OREGON'S DUII LAW

By: Hugh Duvall

INTRODUCTION

Driving Under the Influence of Intoxicants, or DUII, is perhaps the crime most frequently committed by the average person. It is also one of the most misunderstood. Only after a person is driving home after a few drinks with friends or associates and gets arrested does he or she come to understand just how dramatically a DUII charge can affect one's life.

1: THE LEGAL LIMIT�Not As Simple As .08%

There are two ways a person is considered under the influence of intoxicants in Oregon. First, one is considered under the influence of intoxicants if his or her blood alcohol content is .08% or greater. However, there is a second way one is considered under the influence. A person is considered under the influence of intoxicants if any one of his or her mental or physical abilities is adversely affected by intoxicants to a perceptible degree, regardless of the person's blood alcohol content. A person can be guilty of DUII at a .07, .06 or even .05%! Oregon's law is very close to a zero tolerance standard.

2: TWO PROBLEMS FOR THE PRICE OF ONE

Most DUII cases involve two governmental entities pursuing action against the accused: 1) The DMV; and 2) The prosecutor in court.

If one blows a .08% or greater, DMV will seek a driver's license (Implied Consent) suspension of 90 days to one year, or if one refuses a breath or blood test, a one to three year suspension. This DMV action is completely separate from the action in court which can also result in a suspension.

3: THE FOUR POISON PILLS

If a person is convicted of DUII, every court in Oregon must impose at least these four consequences: 1) Two days of jail or 80 hours of community service; 2) A $1,000 fine; 3) That one pay for and complete an alcohol treatment program; and 4) A one year driver's license suspension (a separate suspension from the DMV Implied Consent suspension mentioned above).

4: THE GOOD NEWS�Diversion

A person charged with DUII may be eligible for Oregon's DUII diversion program. Generally, one qualifies if he or she has not had a DUII within the past ten years and the presently charged DUII did not involve an accident in which anyone but the person accused was injured. If the court allows one into the DUII diversion program, the court then places the criminal case in abeyance. If the person then pays for and completes an alcohol or drug treatment program, and stays out of similar trouble for one year, the court then dismisses the criminal case. So, the DUII diversion program is like doing one-fourth of the minimum penalty, while getting the case dismissed as a bonus.

5: THE BAD NEWS�Blackout Periods

All DMV Implied Consent Suspensions have a period where absolutely no driving is allowed�not even with a hardship or occupational permit. The first time offender who blows .08% or above and is allowed into the DUII diversion program usually still faces a 90 day DMV suspension where no driving is allowed for the first 30 days. This can obviously throw the accused's life into turmoil. A first time offender who refuses a breath test usually faces a 90 day blackout period. Repeat offenders can face substantially longer blackout periods.

6: FELONY DUII�The New Horizon

December 31, 1999 marked a noticeable change in Oregon's DUII law. Up until that time, the charge of DUII was always a class A misdemeanor, with a maximum penalty of one year in jail and a $5,000 fine. However, now a person with three or more prior DUII convictions within ten years of a new DUII arrest can be prosecuted for a class C felony.

7: THE BITTER TRUTH

An urban myth has evolved that if someone charged with DUII has enough money, or the right attorney, then he or she can "beat" the charge. If any truth to this myth exists, it is not in Oregon. Oregon's DUII laws are some of the toughest in the country. Fighting a DUII charge is virtually always an uphill battle. The least someone can hope to face in court is a police officer willing to testify under oath that in his or her opinion the accused drove under the influence of intoxicants. Anyone knowledgeable about Oregon's DUII law thinks twice before drinking any amount of alcohol and then driving.

NOTICE: The purpose of this publication is to provide general information about Oregon DUII law, not to provide specific legal advice.

Rosta & Connelly: In Oregon, you can be charged with Driving under the Influence of Intoxicants for operating a motor vehicle under the influence of alcohol, illegal drugs, and all controlled substances, including prescription drugs. Consequences for conviction can be serious and life-changing. Effective defense is complex, and requires extensive knowledge of proper and improper arrest procedures and of the nuances of the law.

David Hill: It is important to enlist a strong and effective legal defense practitioner in matters like vehicular assault and vehicular homicide. In Oregon, driving after you have consumed alcoholic beverages is only illegal if you have a blood alcohol content (BAC) of .08 or more � OR if you are deemed physically or mentally "impaired." What does "impaired" mean? In many cases, it means whatever the arresting officer claims it to mean. In other words, it means you may be charged with DUII based on subjective police evidence.

Robert Smith:

When you have been charged with a DUI, most people think that the case is open and shut and that they are going to have to lose their license and pay huge fines…to make matters worse, there is also the possibility of jail time and administrative license suspension by the Department of Motor Vehicles. However, you don’t have to give up---you may be able to successfully fight a DUI in Oregon if you have the right attorney and the right set of circumstances. Help is out there if you are willing to take the step and find it.

Drunk Driving Defense Attorney

An experienced drunk driving defense lawyer can challenge the constitutionality of the traffic stop that lead to your arrest, contest the intoxilyzer results being entered into evidence, and help you keep you license or minimize the impact a DUI has on your life by entering you into diversion programs in lieu of criminal charges. With the help of a skilled lawyer, you may also be able to successfully assert a drunk driving defense if:

You were subject to an Illegal Stop
The Police Lacked Probable Cause to Arrest You
The Arresting Office Compromised the Intoxilyzer Results
Improper Intoxication Tests
Other Procedural Errors made by the Arresting Officer

If You Have Been Stopped

If you have been stopped for a DUI, make sure that you stay polite and keep your head…being belligerent or aggressive toward the police officer will be one of the surest ways to prevent yourself from getting a break from the courts. Also, you have the option to call an attorney before you decide to take an intoxilyzer test or not. The detaining officer may not tell you this, but you have a right to do so under Oregon State law.

Whether or not you should take the intoxilyzer test depends on your driving record and whether it is your first offense. Be forewarned, refusing to take an intoxilyzer test can sometimes mean more serious consequences for license suspension is more serious than necssary.

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