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Eugene DUI Lawyers

• 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.

• 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.
• 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.
• 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.