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Portland DUI Lawyers

  • 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.
  • 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.
  • Hopkins Law Firm: When you need a lawyer, choose carefully. You deserve and need the best lawyer you can get.
  • 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.
  • Seaborg, Priscilla: If you have been charged with a federal or state criminal offense, you want options and you want to minimize the consequences.
  • 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.
  • Birmingham, Pat: Can we make a plea bargain? "I just want to get this over with!" A. Not every case is destined for a jury trial. In some cases, it makes sense to negotiate a settlement - a plea bargain - with the state or federal government. However, in order to be sure you can get the best deal in a plea bargain, you need a law firm that has the ability and the reputation to try your case before a jury. You need a law firm that prosecutors and judges take seriously.
  • Vervicka, David: ...every criminal case is different. A person charged with a crime should have an attorney who provides a personalized approach. Prosecutors, judges, and juries will not care about your case if you do not have an attorney who does.
  • Clark, Jennie: An arrest record or criminal record can often affect oneÕs ability to obtain housing or employment.
  • Steve Lindsey: Will I lose my license because of a DUII arrest? The DUII rules are complex. The Department of Motor Vehicles and the Criminal Court is involved. Your license can be suspended by the DMV and the Court.Ê It is important to understand how each suspension can be imposed, for how long, and how it affects your life. This is my first arrest in my life.Ê What do I do now? A first offense DUII may mean you have an option to participate in Diversion.Ê Every person charged with a crime has an absolute right to a trial, but before making this decision you will want to know other available opportunities. I understand mistakes happen and will help you understand the DUII criminal charges. What is a DMV hearing? This is a hearing that you or your lawyer must request to preserve your driving privileges.Ê Several deadlines apply so it is important to act quickly.
  • Hohbach Lawfirm: Don't talk to the judge alone. The penalties for a DUII conviction are onerous and can be severe. Your license can be suspended for up to 3 years. You could face fines of up to $125,000, you could be jailed for up to a year or even imprisoned for up to 36 months. The mandatory sentence for a DUII conviction now includes a $1000 fine, a one year license suspension (in addition to any other suspension you have received), and two days in jail or 80 hours of community service. With competent counsel, you may be able to avoid these consequences and have all charges dismissed. p
  • Karstan Lovorn: Handles DUII, traffic violations, and misdemeanor and felony cases.
  • John McVea: If you have been arrested for drunk driving in Oregon it is essential that you speak with a knowledgeable attorney ready to defend you.
  • Leonard Berman: Know your rights.
  • Randall Vogt: A necessity may be claimed as a defense when a defendant reasonably believed that his or her criminal act was immediately necessary to avoid imminent harm. The reasonableness of the defendant's act and the harm that was sought to be avoided by the defendant are the essential elements of the defense. The defendant must show that the harm that he or she sought to avoid was greater than the harm that was committed by his or her criminal act. In other words, the defendant must show that he or she was attempting to achieve a "greater good."
  • Christopher Skagen:

    DUII/Criminal Defense

    "DUII means that a person has violated the law by driving under the influence of intoxicants, which can include alcohol or any drugs. It is usually a Class A misdemeanor unless the person has had three in the last ten years.

    There is the criminal charge and there is a separate driving offense with the Department of Motor Vehicles which will result in a suspension of your license unless you file a request for a hearing with the DMV within ten days. If your license was valid at the time of your arrest, you will have a temporary permit that allows you to drive for 30 days. Hardship permits are available for some persons in certain circumstances.

    If you are from out of state, then Oregon will report to 45 other states of a conviction/suspension. It is to your advantage to hire an attorney because of their skills of trial practice and negotiation, as well as knowledge of the criminal and constitutional (and DMV) skills that are required to proceed successfully.

    The following are some of the more common questions:

    • A person who is charged with DUII for alcohol has tested with .08% Blood Alcohol Content.

      A first arrest for DUII is eligible for diversion. If there are no other factors involved. The person enters a program that includes an alcohol screening; undergoes treatment and at the end of the program has the charges dismissed. The first DUII stays on the record and cannot be expunged.

      Your license will be suspended for a year and your ability to obtain a hardship permit does not happen for 90 days.

      It is a Class A misdemeanor and punishable with up to 1 year of jail and a $6,250.00 fine. The minimum sentence is two days of jail or 80 hours of community service.

      For a third offense in ten years a person’s driving privileges are permanently suspended and eligibility does not occur until after ten years.

      If a person has had three offenses in the past ten years, a new offense will raise DUII to a felony. The minimum sentence without other considerations is 13-14 months in prison.

  • Scalf & O'Halloran: In today's legal environment, matching your needs with the correct firm is crucial to the successful outcome of your legal matters. Like so many other areas, in law, the pace of change can be overwhelming.
  • James Cunningham: DUII is a Class A misdemeanor.The maximum penalty for DUII is one year in county jail and a $5,000 fine. There are fixed deadlines by which you must take certain steps, or face loss of rights, privileges or options.
  • Sandi Pellikan: Every year, thousands of people face an Oregon DUI / DUII charge and the jail, fine, and license suspension. An Oregon DUII charge can have a devastating impact on a driver's life. Hiring an attorney who understands Oregon's complex DUII laws is crucial to helping you keep your license, reduce or avoid incarceration / jail / prison or possibly avoid a conviction altogether.
  • James Halley: Facing a criminal charge can be a frightening and confusing experience. Whether you are charged with a minor misdemeanor or a major felony, in state or federal court, the government will work hard to convict you. They will use experienced criminal attorneys to gain a conviction in your case. You need an experienced and skilled criminal attorney to defend you.
  • 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.
  • David Lesh: A DUII in Oregon is a Class A misdemeanor. Upon conviction, a defendant can receive substantial jail time and a license suspension of one to three years. An experienced attorney can provide you with detailed information. If you've been charged with an Oregon DUII, don't delay in contacting a lawyer. You must act quickly in order to have a chance to avoid a license suspension following a breath test failure or refusal.
  • Mark Cogan: You are not required to have an attorney any more than you are required to see a doctor when you are sick or injured. However, timely representation by an attorney can save you much because the possible penalties associated with a DUII charge are so severe. Even attorneys who are skilled and experienced in the area of criminal defense will tell you that if they were facing criminal charges, they would arrange to have another attorney defend them. The reason for this is that nobody can be entirely objective about his or her own case. An individual who is not trained in the law would be at a huge disadvantage in attempting to defend his or her own self in a criminal prosecution.
  • Brian Conry: Be aware that if you refuse to take a Breathalyzer test if you are stopped on a potential driving while under the influence charge, your license is likely to be suspended for from 1 year up to 3 years depending upon your driving record and if the officer had the legal right to request that you take the Breathalyzer test.
  • Kenneth E. Kahn II: IF YOU DON'T HAVE A LAWYER... Call my office within 10 days of your DUII citation and we will request a DMV hearing for you as a personal courtesy, at no charge. We can also set up an appointment for us to plan an affordable strategy.
  • James O'Rourke: In every criminal case there are three areas in which we can fight the government and win: trial, negotiation and sentencing. The trick is to concentrate our time and resources in the areas which will be most productive in achieving our goals.
  • Stephens & Russell: You or your attorney should request a hearing if you took and failed the test or refused to take the test and there is a valid defense you can present. Your request must reach the proper DMV office within ten days of your arrest. YOUR REQUEST WILL NOT BE GRANTED IF YOU MAIL THE REQUEST ON THE TENTH DAY, it must be received within ten days.
  • Thuemmel & Uhle: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
  • John Neidig: When law enforcement comes after you, or threatens to come after you, you need an aggressive advocate to protect you from the overwhelming power of the Government. If you are under investigation, have been arrested, or are being prosecuted in a criminal matter, you need to know your rights and you need help from an aggressive criminal defense attorney.
  • Alexander Hamalian: f you have been arrested for DUII and you either failed or refused a breath test,you MUST request -- in writing -- a DMV hearing and that request must be RECEIVED by DMV within ten (10) days of your failure or refusal or you will waive your right to such a hearing.
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