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Oregon City DUI Lawyers

  1. Shepley, Bruce: You or a loved one has been arrested for DUI in Portland, Oregon. You may be wondering what to do at this point, whether you will spend time in jail, whether you will lose your license and exactly what impact this arrest will have on your future. Fortunately, a Portland DUI attorney can help. You deserve the opportunity to have aggressive and knowledgeable representation through every step of the criminal court process as associated with your DUI charges, and you deserve to have your driving privileges protected at your DMV hearing. With a knowledgeable and dedicated defense lawyer at your side, you may be able to avoid the many penalties associated with a DUI conviction and can move on with your life. DUII Charges and Penalties in Oregon In Oregon, drunk driving charges are referred to as DUII (driving under the influence of intoxicants). In other states, this offense is called DUI (driving under the influence), DWI (driving while intoxicated), OUI (operating under the influence) or OWI (operating while intoxicated). An intoxicant may be alcohol, marijuana, drugs, over-the-counter medicine and even legal prescription drugs. If your mental and/or physical abilities are impaired due to the use of drugs or alcohol, or if your blood alcohol concentration is .08% or greater, you may be cited for DUII. If convicted, a Portland driver may face any of a number of harsh penalties, including: probation, jail time, license suspension or revocation, fines and court fees, drug or alcohol treatment and mandatory attendance at a victim impact treatment session. However, by completing a DUII diversion program, you may be able to avoid many of these penalties. Your Portland DUI attorney can advise you as to whether you may qualify for this program and can work to help you avoid imprisonment. DMV Hearings and DUI The most pressing issue which will need immediate attention after a Portland DUI arrest is the matter of requesting a hearing regarding your license suspension. You have only 10 calendar days from the date of your arrest for the Hearings Case Management Unit of the Oregon DMV to receive your request for a hearing. If you do not meet this deadline, your license will be suspended / revoked. It is important to note that requesting a hearing does not mean that your driverŐs license suspension will be overturned. It simply means that you will have the opportunity to contest the suspension and possibly have your driving privileges reinstated. For this reason, it is of the utmost importance to work with an experienced Portland DUI lawyer who can prepare your case for the hearing and offer you aggressive legal representation at the hearing in order to give you the best opportunity of reaching a positive outcome.
  2. Hingson, John: DUI - DWI, Traffic Violations
  3. Woram, Daniel: Driving Under the Influence of Intoxicants Call Us in Oregon City for Experienced Representation. (503) 650-1800 Driving Under the Influence of Intoxicants (DUII) is a common charge in Oregon. A police officer's subjective belief gives him the authority to investigate someone he has pulled over for a traffic violation for a DUII, and arrest that person if he believes there is probable cause that the person has been affected by the consumption or use of intoxicants. This includes alcohol, drugs, or even prescription medications. A DUII arrest is many people's first exposure to the criminal justice system. It is not uncommon for a police officer to arrest someone who is not under the influence of intoxicants - someone who has only had a social drink or two and is unimpaired and perfectly able to drive a motor vehicle. Since a DUII investigation requires subjecting a person to testing that he is not familiar with, it can be a very anxiety-ridden and scary process. A DUII arrest has two components. The first component is a proposed license suspension by the Department of Motor Vehicles under the Implied Consent statute. The second component is the criminal charge of DUII. These are two completely different and separate matters. Implied Consent Suspension. Usually a person who is pulled over on suspicion of driving under the influence is requested to participate in a series of field sobriety tests and then, after the arrest, is requested to take a breath test. If a person refuses the breath test, there is an enhanced license suspension on the part of the Department of Motor Vehicles. If the person takes the breath test and fails, (blows an .08 BAC or above) then there is an administrative license suspension of between 90 days and 3 years, depending upon a person's history, beginning on the 30th day after arrest. A person has 10 days from the date of the arrest to request an Implied Consent Hearing to contest the proposed suspension of their driver's license. That hearing has to be held within 30 days of the date of arrest, before the proposed suspension goes into effect. It is important that a person request a hearing within 10 days of the arrest or they will lose their right to contest the proposed suspension of their license. Criminal Charges for DUII. A criminal conviction for DUII carries up to a one year jail sentence and a $6,250.00 fine. There is also the potential for a driver's license suspension, based upon a person's criminal history, ranging from one year to a lifetime revocation. In certain cases, if a person has the requisite number of previous convictions for DUII, they can be charged with a Felony DUII and face a substantial prison sentence. There are options for first-time offenders, including the possibility of Diversion which is a program designed to provide a person with no driving criminal history the opportunity to go through a treatment program and, upon successful completion, to have the criminal DUII dismissed with prejudice.
  4. Herron Law Office: Drinving While Under the Influence of Intoxicants (DUII) and other driving charges; Drug Charges: Sex Offenses; White Collar Crimes; Property Crimes; Crimes of Violence.
  5. 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.
  6. 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
  7. 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.
  8. 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.
  9. 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.
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