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Portland DUI Lawyers

1. Silver, Geoffrey: DUII Do I Have to Take a Breathalyzer? In a word, Yes. DonÕt Refuse the Breathalyzer. If you are stopped for a DUII, the police officer is likely to ask you to take a breathalyzer test, perform field sobriety tests, or both. Never refuse the breathalyzer. By statute, refusing the breathalyzer represents a conclusive presumption of your guilt, and the DMV penalties are more severe. Take the breathalyzer. Refuse the Field Tests. The breathalyzer is a piece of equipment that gives a reading. Field Sobriety Tests give the officer a lot of leeway for interpretation. You may be sure youÕre as sober as a judge, but nervousness, lack of dexterity, poor concentration, bad balance, or other factors could lead to you performing poorly on these tests. The officerÕs observations can be used as evidence against you in court. Better to refuse (politely) to take them, and let the officer decide whether or not to breathalyze you. You CanÕt Refuse a Blood Test. The officer might ask a healthcare provider, like an emergency room nurse or a nurse at the jail, to administer a blood test to check for the presence of alcohol in your blood. You canÕt refuse that, and you will not have a good defense against its results. DUII is for Drugs, Too. The officer can also arrest you for Driving under the Influence of Intoxicants other than alcoholÑmarijuana, cocaine, heroin, what have you. This is another situation where it is advisable to decline the Field Sobriety Tests. You may be arrested, booked, and given a blood test at the jail, but the blood test is not specific as to time where many substances (especially marijuana) are concerned. Call a Lawyer Immediately. Within ten days of your DUII arrest or citation, the DMV will suspend your license for 90 days to 1 year. You must petition for a hearing within those ten days to challenge the suspension. Driving while Suspended is a costly and pernicious charge, and you donÕt want to have them stacking up on your record. Call an attorney right away, so your rights can be protected.
2. Leonard, Scott: DUII & Traffic Law The most common way in which people interact with our criminal justice system is through traffic violations and crimes. From the garden-variety speeding ticket to the always unexpected and upsetting DUII charge, people from all walks of life are charged with these violations and crimes every day. Scott Leonard works closely with clients to vigorously defend against these prosecutions. People charged with DUII, one of the most common crimes committed in our state, face an array of options. First, they may or may not be eligible for the Diversion Program. The Diversion Program allows people to keep a DUII off their record and avoid jail time if they are eligible and plead guilty to the DUII. However, the rules of eligibility include restrictions on number of DUIIs in the past ten years, Commercial Driver License status, participation in prior diversion programs, and other excluding factors. Additionally, you must determine your eligibility and enter diversion within 30 days of the incident or likely be barred from later participation. Second, people charged with DUII or fail/refuse a breath test face suspension of their driverÕs license. This is a civil action separate from your criminal case. You must notify DMV of your intent to fight a suspension within 10 days of the incident. Speak to an attorney who can help you at a DMV hearing. These hearings require competent cross-examination of law enforcement. Scott Leonard can help you fight to keep your license. Third, people charged with a DUII but who are not eligible must evaluate their case and decide whether to go to trial or accept a plea offer from the district attorneyÕs office. Scott Leonard is an experienced trial attorney can help you evaluate your case on the facts and the law, identify and strengthen possible defenses, negotiate with the State, and provide seasoned representation at trial. People facing DUII charges should always consult with an attorney. They should consult with Scott Leonard. Recommended next steps for DUII clients: Call the DMV and schedule a Diversion Hearing. The deadline is 10 days from date of incident. Determine whether you are eligible for the Diversion Program. The deadline is 30 days from date of incident. An attorney can help you determine if you are eligible for diversion. Speak to an attorney. ItÕs important to achieve your best possible result on a DUII. Court staff and prosecutors have not evaluated your case from your perspective. Just because you are eligible for diversion does not mean you are not facing important decisions. If only a consultation, speak to an attorney and get advice that is in your best interest. Traffic Law Every day, hundreds if not thousands of traffic violations are handed out in the Portland area. Convictions for traffic violations involve fines and can raise your insurance premiums. Repeat offenders may face suspension of their driverÕs license. Although beating a traffic ticket is often difficult, consult an attorney and find out your options. Taking a ticket to trial can often result in a dismissal or a reduction of the charge and fine. Recommended next steps for traffic ticket: Request a trial. It is always helpful to take the time to evaluate your case and prepare a defense. Positive outcomes can be reached simply by scheduling a trial and working with an attorney. Your citation has instructions for requesting a trial. Deadlines for requesting a trial differ between jurisdictions. Speak to an attorney experienced in traffic law. Scott Leonard has helped many clients with traffic offenses, achieving improved outcomes such as reduced fines and outright dismissals. Remember, each case is different and yours cannot be guaranteed the same outcome. Prepare a defense and defend at trial. Be prepared for trial. Cross-examination of state witnesses, such as the police officer, is critical. Your testimony and that of your witnesses is no less important. Consult with an attorney and be prepared. Scott Leonard works everyday with people defending against traffic tickets.
3. Sarre, Jonathan: DUII If the penalties for Driving Under the Influence of Intoxicants ("DUII" also known as "Drunk Driving", "DUI" and "DWI") seem to get tougher every year, that's because the penalties for DUII are getting tougher every time the Oregon legislature decides to change the law. While Driving Under the Influence is a very common charge for otherwise law-abiding people to pick up, a conviction results in mandatory jail time, mandatory fines and a license suspension. Because your driver's license, if not your freedom, is at stake after a DUII arrest, it is crucial to retain the services of an attorney as soon as possible (See "DMV Hearings" section on this website for more information). An experienced DUII attorney can help you navigate the twists and turns of the court and DMV system to fight to help you keep your license, keep your paycheck and keep you out of jail.
4. Evans, Peter: Drug Charges (Possession / Manufacturing) Property Crimes / White Collar (Robbery / Criminal Mischief) Assault and Domestic Violence (Harassment / Assault) Measure 11 Charges / Major Felonies Sex Crimes DUII (DMV Hearings) Restraining Orders
5. Creighton & Rose: Misdemeanors Felonies DUII Traffic DMV hearings Post-conviction relief Appeals Expungements
6. Howlett, Bruce: ¥ Measure 11 cases ¥ Traffic crimes ¥ DMV hearings ¥ Drug crimes ¥ DUI ¥ Assault ¥ Identity theft ¥ And many others
7. Crow, Robert: If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected. Even more than that, you need someone with a thorough knowledge of the complexities of DUI law in Portland, Oregon to fight for you.
8. Greenman, Adam: Juvenile Defense :: DUIs :: General Criminal Offenses (both misdemeanors & felonies) :: Thefts :: Drug crimes :: White Collar Crimes :: Domestic Crimes :: Sex Crimes
9. Perriguey, Mark: criminal matters and Driving Under the Influence of Intoxicants (DUII) cases
10. Bucher & Greenspan: Drunk Driving Consequences If convicted of drunk driving, you could face jail time, probation, mandatory drug and alcohol treatment, community service, significant fines and fees, and the loss of your driverÕs license. The best way to avoid these penalties and protect your rights is to immediately hire a highly skilled drunk driving defense attorney to zealously defend you throughout the process.
11. Dowlatdad Rogoway Green: * DUII / DWI / Reckless Driving * Drug Offenses * Ballot Measure 11 Offenses * Domestic Violence * Weapons Offenses * Gang Related Cases * Theft and Property Cases * Identity Theft * Bank Fraud * Insurance Fraud * Tax Fraud * Sex Crimes * Sex Offender Registration Matters * Criminal Appeals * Person Offenses * Expungments * Sentencing Guideline violations
12. Owens, David: Drunk Driving Charges About Oregon DUII Oregon law places serious consequences on drunk driving, even if you are a first-time offender. Driving under the influence of intoxicants (DUII) can be a class A misdemeanor or a class C felony. If convicted, you could face a year in jail and a fine up to $6,250. Diversion programs may be an option for some Oregon DUI/DUII first-time offenders or those who have not been convicted of drunk driving or a similar offense in the last 10 years. There are several advantages to participation in a diversion program. Court costs are lower, you do not lose your license, and you will not be required to spend time in jail. After completing the diversion program, no DUI/DUII conviction will be entered on your driving record. Act Quickly. You Only Have 10 Days to Save Your Driver's License. When you have been arrested for drunk driving, timing is critical. If you do not act quickly, you may lose your driver's license. Under Oregon law, you have only 10 days to request a DMV hearing on your driver's license suspension. If you fail to request a hearing, you waive your right to challenge the revocation.
13. Allen, Beth: If you have been arrested or charged with Driving Under the Influence of Intoxicants (also known as DUII, DUI, or DWI), Driving While Suspended (DWS) or Reckless Driving, the best decision you can make right now is to put yourself in the hands of an experienced criminal defense lawyer who knows how the system works and what the options are. Facing charges can be tough.
14. Bowman, Timothy: # Sexual Offenses (Rape, Sodomy, Child Sexual Abuse) # Assaults (including Domestic Violence, Vehicular Assault, and situations involving self-defense) # Thefts (Embezzlement, Shoplifting) # Weapons Offenses (Carrying a Concealed Weapon, Unlawful Use of a Weapon, Menacing) # Drugs (Manufacturing Marijuana or Methamphetamine, Possession of a Controlled Substance, Delivery of a Controlled Substance) # Juvenile Delinquency # Expungements of Arrests and Convictions # Relief from Sex Offender Registration Requirements
15. Baumchen, Drew: DUI cases have important procedural deadlines related to the date of your arrest and your first court appearance. If you have been charged or arrested with DUII, you should contact an experienced and aggressive DUI attorney as soon as possible to ensure your rights are protected.
16. Gutbezahl, John: * DUI and other traffic offenses * Drug charges * Firearm charges * Murder * Assault * Domestic violence * Sex offenses * Resisting arrest
17. Celuch, David: If you were pulled over and charged with drunk driving in Portland, or elsewhere in western Oregon, your drivers license is in immediate jeopardy. Unless you act quickly, your license could be suspended. You have 10 days to request an administrative hearing before the Oregon Department of Motor Vehicles if you want to fight the suspension of your drivers' license. In addition to administrative charges, you will also face criminal charges for DUI Ñ driving under the influence of alcohol or drugs Ñ and you could face additional charges for traffic crimes such as reckless driving. That's why you need a criminal defense lawyer. Don't try to fight a DUI on your own.
18. O'Rourke, James: Your constitutional rights can be summed up simply as the right to be left alone by the government and its agents. The police are supposed to honor your rights. However, they do not want you to assert your rights. Incriminating statements are a key ingredient of most convictions. Television programs like NYPD Blue and The Closer are all about getting people to talk without lawyers, and you know what happens to those people. When police agents ask you to talk to them, all you need to do is politely say: ÒI do not want to talk to you and I want a lawyer.Ó This is asserting your Miranda v. Arizona constitutional rights. Some police agents will honor that assertion of your rights. Others will do all they can to get you to give up your rights. They may pretend that they did not hear you and keep asking questions. They may act like what you said did not matter. They may try to make you think and feel that asserting your rights makes you look guilty. ÒWhy do you need a lawyer?Ó They may try to bully you with their tone of voice, body language and facial expressions. They may try other tricks like saying, ÒOK you donÕt want to talk about that, lets just talk about this.Ó The biggest trick is to get you to believe that you can talk your way out of being charged or arrested. They may say something like ÒWe just need to ask you a few questions,Ó or ÒWe can clear this all up if you will just answer a few questions and then you can go home.Ó You can not talk your way out of trouble. You can only talk your way into trouble. Let your lawyer do the talking. Lawyers can use certain procedures under which what they say can not be used against you. The main problem is this, even if the police are well intentioned, if you talk to them and they misunderstand you or remember your statements incorrectly when they write their police reports, when it comes to court, it is your word against theirs as to what you said and who do you think the jury is most likely to believe? Police agents who try to trick you into waiving your rights are even more likely to misunderstand or incorrectly report your statements. After asserting your rights, you can ask ÒAm I under arrest? Can I leave? This puts them in the position of deciding if they have enough evidence to make an arrest. Much of the time, they need an incriminating statement from you to make an arrest based on probable cause or to make a case against you. Be patient, the passage of time works in your favor. If you are arrested do not talk without a lawyer. Simply and politely say, ÒI do not want to talk to you and I want a lawyer.Ó
19. Matthew Kaplan: A person has 10 days from the date of the citation to request a DMV hearing to challenge the suspension of their Oregon Driver License.. 10 Common Mistakes 1. Pleading guilty without speaking to an attorney. 2. Not hiring an attorney that specializes in Oregon DUI law. 3. Hiring the lowest price attorney possible. If you are found guilty, you will pay later. (See DUI Penalties) The increase in insurance premiums could run into the thousands of dollars. 4. Not filing a challenge to the Oregon DMV suspension within 10 days of the date of the citation. 5. Flunking the attitude test: Always be courteous and respectful to the law enforcement officers, court staff, and the judge. 6. Not dressing appropriately in court. 7. Not showing up to court. 8. Driving without a valid license. 9. Not collecting evidence about your case. Get the contact information of any witnesses. 10. Making incriminating statements to police officers or friends. DUI Penalties Penalties for Driving Under the Influence cases are relatively uniform throughout the state of Oregon. Your case is a class "A" misdemeanor unless you have been convicted for DUI three times in the last 10 years. If this is the first time you have been charged for DUI in the last 10 years you may be eligible for the diversion program. MAXIMUM PENALTY A class "A" misdemeanor is punishable by up to 1 year in jail and a $6,250 fine. STANDARD CONDITIONS These are the standard conditions for a conviction for misdemeanor DUI. The conditions do vary in different counties and this is only intended as a general guideline and should not be interpreted as a guarantee of results. Ultimately, the sentence is always within the discretion of the sentencing judge. * EIGHTEEN MONTHS - THREE YEARS OF PROBATION Conditions of probation will include the following: JAIL TIME The amount of jail time varies depending upon the county and how many prior convictions the defendant has for DUI. Typical sentence: 1st Offense: 2-10 days jail 2nd Offense: 10-30 days jail 3rd Offense: 30-120 days jail Other factors in determining how much jail time include the defendant's criminal history, how high of a Blood Alcohol Concentration was found, if there was an accident, injuries, how reckless the driving was, and if there were any children in the vehicle. The minimum sanction under the law is 80 hours of community service or two days in jail. * SUSPENSION OF DRIVING PRIVILEGES o If, within the prior five years, the defendant has not been convicted of a DUI, then the license suspension period is for one year. There is a 30-day waiting period to apply for a hardship permit. o If there has been a conviction for DUI in the last five years, the suspension is for three years. There is a 90-day waiting period for a hardship permit. o A third conviction for a DUI will result in permanent revocation of the driver's license. The defendant can apply to the court after 10 years for restoration of driving privileges. * COMPLETE THE VICTIMS IMPACT PANEL CLASS A one-day class on the devastating results DUI accidents has had on the families of victims lost as a result of drug- and alcohol-related accidents. The price of the class is not more then $50. * ALCOHOL AND OR DRUG EVALUATION AND TREATMENT There is a $138 alcohol screening fee. * FINES AND FEES o 1st offense is $1000 o 2nd offense is $1500 o 3rd offense is $2000 o Statutory fee: $150 o Conviction fees: $130 * RESTITUTION The court may impose restitution for any damage to person or property as part of a sentence. * VEHICLE IMPOUNDED A court may impound a vehicle of someone convicted for their 2nd offense of DUI * IGNITION INTERLOCK DEVICE (IID) A person convicted of DUI must install an IID in any vehicle they are going to operate. (New law 1\1\08) A first conviction requires the use of the device for one year after the end of the suspension period before becoming eligible for full reinstatement. A second conviction requires the use of the device for two years after the end of the suspension period. This device is also required for conviction related hardship permits as well. * OBEY ALL LAWS Any law violations during probation can result in jail time or other sanctions. * FELONY DUI SENTENCING A person commits the crime of Felony DUI if they have been convicted of three prior DUI offenses in the 10 years prior to the date of the current offense. * MAXIMUM PENALTY Felony DUI is a class "C" felony. The maximum penalty is 5 years in prison and a $100,000 fine. * SENTENCING GUIDELINES All felonies are subject to the Oregon Sentencing Guidelines. The sentencing guidelines are used to determine the sentence for felony convictions. It is a combination of a defendant's criminal history and the legislature's determination as to the crime seriousness of the offense. Felony DUI is a level "6" offense on the guidelines grid. The minimum criminal history score for someone charged with felony DUI is a "D" because three prior DUI convictions are considered to be the equivalent of one person felony. The Oregon Sentencing Guidelines consider person crimes more seriously for sentencing purposes, thus giving them a higher score. The presumptive sentence for a "6D" (the presumptive sentence for a felony DUI conviction with no other convictions but the three prior DUI's) is 13-14 months in prison. The Oregon Sentencing Guidelines require there be 2 years of Post Prison Supervision upon completion of a penitentiary sentence for a level "6" offense.
20. Macomber Law: 503-887-0097 Oregon DUI law is changing every year. The legislature is continually moving to make DUI penalties stiffer and law enforcementÕs burden of proof lighter. These are further examples of the changes in the DUI and Drug laws in favor of convictions rather than justice. An experienced DUI attorney can help.
21. Kahn & Ifversen: DUII Are you charged with DUII (Driving Under the Influence of Intoxicants)? Better get the phone. We need to talk before it's too late. If you failed or refused a breath test, DMV will automatically suspend your driver's license 30 days from a DUII arrest unless you or your attorney stops them. Try to Stop The Suspension Request a DMV hearing right away, otherwise your license will be suspended. The purpose of the hearing includes: * The legality of the stop. * The validity of your arrest, field sobriety tests, breath testing, and other procedures * Taking a default against DMV, which can also stop the suspension. Begin Preparing DMV must receive the hearing request within 10 days of your arrest. Then a hearing can be scheduled to try and prevent the suspension--even if you failed or refused a breath test. We'll Request the Hearing for You If you call us within 10 days of your arrest, we can request a hearing for you as a personal courtesy. If more than 10 days have passed, call us anyway. There's still lots to do. Do you want the good news or the bad news? You may be eligible for Diversion, which can get your case dismissed. Or you may be facing up to a year in jail with a one-year or three year license suspension. Or you might be facing a lifetime license suspension, depending on your driving record, or even a felony DUII that requires a 13 month prison sentence. Because the drinking and driving laws in Oregon are so punishment oriented, we prepare your case from two vantage points: win the case and damage control. To try and win the case we challenge the evidence against you including the validity of the stop, probable cause to arrest, whether the field sobriety tests were conducted in accordance within accepted government parameters or were non-standardized tests. We interview witnesses and try and establish a time line for drug or alcohol use. We look at the police reports for symptoms of PTV (police tunnel vision) and we comb them for inconsistencies other explanations besides intoxication. We consider credit card receipts, and talk to people who were around you just prior to or even during your arrest. Sometimes its necessary to order medical records and hire experts to explain them. We directly attack the intoxilyzer by looking at the qualifications of the operator, the history of the machine including repairs and false tests. We use top scientists to explain the shortcomings of the intoxilyzer and why it should not be trusted. Our firm has won cases with breath test results as high as .26. If we have learned anything in nearly 17 years of DUII defense, it's that these cases are winnable. We are sick of hearing of cases where the first thing the attorney does is advise a client to plead guilty. That is hallmark of an inexperienced lawyer who's afraid to learn how to win a DUII at trial. Truly these are tough cases, but sometimes you just gotta fight. An ounce of prevention... The second part of our preparation is mitigation. In the event we lose at trial or you want to resolve your case by negotiated settlement, we have learned that there are proven techniques to try and reduce a jail sentence when someone is charged with a DUII or BUII (Boating Under the Influence of Intoxicants). These methods may include an alcohol or drug outpatient treatment program or AA meetings. You see, as part of the mandatory sentence in a DUII case, the court MUST impose a treatment program. Knowing that's part of the mandatory sentence, think of the impact you'll make on a judge when you go to court already enrolled and participating compared to the poor fellow who did nothing prior to court and is being told what to do. The other part of mitigation is knowing the subtleties of the sentencing judge, and that's where our courtroom experience really pays off. We know what the judge's policies are from having appeared in front of them for so many times. This can make the difference between deciding to plead guilty in front of one judge one day, or coming back before another, at a different time. Finally, there's DISP, which is the DUII Intensive Supervision Program, a highly structured program in Multnomah County courts for repeat DUII offenders. DISP is not for everyone, but it can convert a 16???? month prison sentence into two days in jail under the right circumstances. If you're charged with DWI / DUII (Driving Under the Influence of Intoxicants), BUI / BUII (Boating under the Influence of Intoxicants), DUII Drugs, or refusing a breath test, let's talk.
22. Hopkins Law Firm: When you need a lawyer, choose carefully. You deserve and need the best lawyer you can get.
23. Gentry, Dianna: Sometimes cases are best resolved with pretrial settlement, other times a trial is necessary to resolve the case. It all depends on the facts, the law, and ultimately the clientÕs decision to exercise their constitutional rights.
24. Seaborg, Priscilla: If you have been charged with a federal or state criminal offense, you want options and you want to minimize the consequences.
25. Durkee, Joe: How does a DUI affect your records There are two aspects to a DUI conviction Ð an administrative license suspension by the DMV and a criminal charge(s). The administrative side is governed by administrative or civil law and relates to your driverÕs license and driving record. The criminal aspect is governed by criminal law and dictates fines, fees, penalties, sentencing and probation. Criminal. After a drunk driving arrest, you must generally go to court for arraignment, trial or negotiated disposition, and sentencing. Most drunk driving convictions are classified as misdemeanors when no injury is involved, but could be classified as felonies in cases when serious injury or death occurs as a result. A misdemeanor can land you in county jail for up to a year, which a felony can wind you up in state prison for more than a year. During court proceedings, a lawyer may challenge the blood alcohol testing reliability, offer defense expert evidence that the driver was not under the influence, obtain ÒdiscoveryÓ, which is documentary evidence relevant to your charges, such as: When was the last time the Blood Alcohol testing machine was calibrated? Sentencing determines: * How your conviction will be classified * What fines and taxes you must pay * How long your license will be suspended or revoked (and the possibility for obtaining a temporary license) * Whether parole is warranted * Whether community service must be completed * What, if any, drug programs or classes must be completed * Whether an ignition interlock device must be installed Penalties can be severe for first time offenders and are always greater for second and third time convictions.