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Portland DUI Lawyers

1. DuBois Law Office: Criminal Defense ÓWhen it comes to criminal accusations, our legal system all too often presumes guilt instead of innocence. Police officers and prosecutors are so focused on obtaining a guilty verdict that they frequently overlook or dismiss the legal rights of the accused.
2. Schwartz Law Firm: DRIVING UNDER THE INFLUENCE Oregon treats DUI seriously and the punishments appear to be ratcheting up each year. Whether you are "Diversion Eligible" or not, time is of the essence in any DUI charge. First, always contest your DMV license suspension. After being charged, immediately call DMV to make sure your current address is on file. And, you must request a hearing in writing within ten days. Second, DUI cases are complex. They involve important legal issues such as whether the police properly stopped you to begin with. They involve factual issues such as whether the police properly administered the roadside sobriety tests and, if so, what those results mean for you. They involve scientific issues such as whether your Blood Alcohol Content (BAC) was measured correctly. Third, you need a lawyer who understands these issues.
3. Raivio, Kohlmetz & Steen: It is imperative that if you are arrested for Driving Under the Influence of Intoxicants you request a DMV hearing within 10 days of the arrest date to challenge the probable administrative suspension of your driving privileges.
4. 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. Question: What is the difference between an Oregon DUII, DUI, DWI etc.? Answer: These terms are all acronyms that refer to the crime commonly known as "drunk driving." Many states have slightly different names for this charge. In Oregon, the exact charge is called "driving under the influence of intoxicants." Therefore, most Oregon lawyers, police officers, and court officials use the term "DUII." This website uses the terms DUI, DUII and DWI interchangeably. Question: What information do I need to know if I've been charged with a State of Oregon DUI offense? Answer: A DUII in Oregon is usually a Class A misdemeanor crime. [A DUI in Oregon may be a Class C felony if the defendant has been convicted of DUII at least three times in the 10 years prior to the date of the current offense.] Upon conviction, a defendant can receive significant penalties including: probation; jail time (or even prison for a felony DUII); a license suspension ranging from one year to life; a minimum $1,000 fine; and alcohol treatment. As you would expect, the penalties sought-fines, jail (or prison) time, length of probation and suspension-generally increase for a second, third, fourth, etc. DUI offense. Question: Will my license to drive be suspended? Answer: Your Oregon driver license (or your right to drive in Oregon if you're licensed out of state) may be suspended for failing-BAC .08% or greater (lower for CDL drivers and minors (persons under 21 years of age))-a breath or blood test or for refusing a breath, blood, or urine test. If you act quickly (typically within 10 days of your arrest), you can request an appeal of the proposed suspension for failing or refusing the test. A hearing will then be scheduled on your appeal request. Contact an Oregon DUI lawyer for more information. If you had a valid Oregon drivers license at the time of your breath test failure / refusal, you should be issued a temporary permit that will allow you to drive for 30 days until your suspension is scheduled to begin. If you are convicted of DUII, your license will be suspended or revoked for one year (suspension), three years (suspension), or life (revocation). A driver also faces a suspension / revocation if convicted of other traffic crimes such as reckless driving, vehicular assault, or hit and run. Some good news: to the extent that they overlap, suspensions generally run concurrently and not consecutively. Question: But I really need my license. Can I get a hardship / conditional / probationary permit? Answer: A hardship permit may be available to you if your license was suspended. [Hardship permits generally are not available for license "revocations" including lifetime license revocations resulting from a third DUII conviction.] Keep in mind that there is often a significant "black out" or waiting period (typically 30 days, 90 days or 1 year) before you can obtain a hardship permit. Generally, these permits only allow driving for trips related to work, treatment, and medical appointments. Also consider that to obtain a hardship permit you must, among other things, obtain an SR-22 certificate of liability insurance which will likely have negative implications for your insurance rates or insurability. Talk to an experienced DUI attorney for more information about hardship permits. Question: Are there any special concerns if I have a commercial driver license (CDL) and got arrested for DUI if I wasn't driving a commercial vehicle at the time of the arrest? Answer: Unfortunately, yes. Effective September 30, 2005, the Legislative Assembly made a number of changes effecting CDL holders. Among other things, this legislation: ¥ Disqualifies a person from holding a CDL for certain convictions, including convictions for offenses that may have occurred in a personal vehicle. ¥ Suspends a personÕs CDL for conviction of certain offenses that occur in a personal vehicle. ¥ Prevents CDL holders from entering the DUII diversion program even if they were not operating a commercial vehicle at the time of the arrest. Question: I am licensed to drive in Washington / California / another state and was cited for a DUII in Oregon. Will my driver license be suspended? Answer: Oregon only has the authority to suspend your right to drive in Oregon. Put another way, Oregon cannot suspend your license in Washington, California or any other state. HOWEVER, Oregon and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact." See ORS 802.540. In general terms, Oregon is required to report an Oregon DUII conviction to the home state of the driver (assuming the home state has also adopted the Compact). Your home state will then generally take action to suspend your license. This also works in reverse. If you are an Oregon licensed driver and you receive a DUI out of state, Oregon will suspend you license if it learns of the conviction. See ORS 809.400. Question: Will I be able to negotiate my Oregon DUII charge down to a lesser offense such as "negligent driving," "reckless driving," "wet reckless" or a "driving while ability impaired?" Answer: No. While DUII plea agreements of this type are common in some states, in Oregon this practice is prohibited by state law, specifically ORS 813.170. Other charges, such as reckless driving, failure to perform the duties of a driver, criminal mischief in the second degree, etc, are subject to plea negotiations, reduction and dismissal. Question: What about the diversion program? Answer: If a person qualifies for DUII diversion, they may be able to avoid a DUI conviction and the accompanying penalties and consequences. Learn more about the Oregon Diversion Program. Question: Will I be able to seal or expunge my Oregon DUI arrest, diversion, or conviction? Answer: Unfortunately, no. Oregon law does not allow an individual to seal or expunge a traffic offense (arrest or conviction). See ORS 137.225(6)(a). Do not fall for internet sales pitches that claim that they can "Clear your DUI Record." At best, you will be wasting your money. Question: What are the fines / fees associated with a DUII conviction in Oregon? Answer: Oregon law requires a minimum fine of $1,000 for a first DUII conviction; $1,500 for a second conviction; and $2,000 for a third conviction (unless the defendant is sentenced to prison). In addition to the fine, defendants can expect to pay: * approximately $300 - $400 in miscellaneous fees and assessments payable to the court; * $150 for the alcohol evaluation; * $50 or less for the victims impact treatment session; * Fees for each of the alcohol / drug treatment classes. * A monthly probation fee if the sentence includes a period of supervised / formal or enhanced bench probation. Payment of the fine and most of the fees may generally be spread out over the length of probation (monthly payments).
5. 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. 1. What are the chances of an "Implied Consent" suspension being challenged successfully? Attorneys who practice in the area of DUII defense find that many "Implied Consent" suspensions can be successfully challenged even where a person refused to blow or blew more than .08% Blood Alcohol Content (BAC) on the Intoxilizer test. Of course, there is no guarantee that an "Implied Consent" suspension can be successfully challenged. On the other hand, if no challenge is made, the suspension will take effect automatically. 2. I am already suspended or have no license to drive. Why should I challenge the "Implied Consent" suspension with the DMV? Driving while suspended under the "Implied Consent" law is a criminal offense, and carries much more serious penalties than driving while unlicensed or driving while suspended for other reasons. 3. Are there any benefits to challenging the "Implied Consent" suspension aside from regaining my driving privileges? Yes. The "Implied Consent" hearings are conducted "on the record" with sworn testimony from one or more police officers who were involved in the arrest and processing of a DUII case. Defense attorneys are allowed to cross examine the police at an "Implied Consent" hearing. Testimony is available for use once the case gets to court. Defense attorneys experienced in handling DUII cases can make good use of the testimony of the police, within the context of a Motion to Suppress Evidence or a trial on the merits of a DUII charge. Considering that depositions are generally not conducted in Oregon criminal matters, the "Implied Consent" hearing offers defense attorneys a unique opportunity to get sworn testimony from adverse witnesses in advance of trial. 4. What are the grounds for defeating the suspension of my driving privileges at a DMV "Implied Consent" hearing? Attorneys who represent individuals accused of DUII frequently raise issues at a DMV hearing pertaining to the reasons for the initial stopping of the driver, the probable cause for the arrest, and the administration of the Intoxilizer test. Other issues that may be relevant at a DMV hearing include the qualifications of the officer to administer Field Sobriety Tests and whether the driver asked for an attorney during the investigation. Suspensions can sometimes be challenged successfully for reasons that would not be apparent to someone who lacks knowledge and experience in this complicated area of law and practice. 5. Will I need to testify at my DMV hearing? Not usually. When represented by counsel, appearance is optional. However, there are cases where the driver should testify. This is one of many reasons why a person facing an accusation of DUII needs an attorney who is skilled in handling DUII cases. 6. Will the decision in the "Implied Consent" process have any effect on my criminal charge of DUII? Whether you "win" or "lose" your DMV hearing has no binding effect on the criminal prosecution of your case in court. However, if you prevail, the logic of the decision by the Administrative Law Judge may be persuasive in influencing the prosecutor or court to be more lenient on you than they might be otherwise. Also, regardless of the result of your "Implied Consent" hearing, the testimony at your hearing can provide the foundation for a successful defense to the criminal charge. 7. What choices will I have to make throughout my DUII case? Many first time DUII offenders in Oregon have the option of entering the DUII Diversion Program. This is not for everyone, and you need an attorney who is experienced and skilled in handling DUII cases to evaluate your case and determine whether it is the best choice for you. Legislation effective as of January 1, 2004, requires the motorist to execute a plea of guilty or "no contest" to the criminal charge of DUII in order to enter the Diversion Program. Consequently, the motorist should not enter Diversion without first being advised by legal counsel concerning the risks and benefits of the options that are available. If Diversion is not an option, you will have to choose whether to plead guilty or fight your case all the way to trial. If you end up being convicted, either by plea of guilty or after trial, you will need an attorney to be your advocate for the least severe form of punishment possible. Other tactical and strategic decisions will arise during the process. At all stages, it can be crucial for you to have an attorney experienced and skilled in handling DUII matters. 8. What about the DUII Diversion Program? The eligibility requirements for DUII Diversion include that you must not have had a previous DUII conviction or Diversion within the previous 10 years, and there must not have been any other person injured in connection with the matter. If you are eligible and if you choose to enter DUII Diversion, you must file the paperwork with the court within 30 days of your arraignment. A person entering Diversion must file a plea of guilty or "no contest", which will take effect in the event that the accused fails to complete Diversion successfully. In order to complete Diversion successfully, you are required to pay certain fees to the court, you will have to be evaluated to determine the extent of your alcohol problem, and you must complete alcohol treatment as required. You will also have to attend a victim's impact panel. Provided that you satisfy all requirements of the program, are not arrested for a new DUII offense, and pay all fees, at the conclusion of one year, your DUII charge will be dismissed. Any other companion charges (such as Reckless Driving, Hit & Run, Driving While Suspended, and traffic infractions), however, are not dismissed as a result of participation in DUII Diversion. Attorneys are sometimes able to achieve lenient treatment on those additional charges for a client who opts for Diversion. 9. I blew less than the legal limit of .08% on the Intoxilizer. How can I be prosecuted for DUII? The law does not require that the prosecutor prove that your Blood Alcohol Content (BAC) was .08% or greater. There are other ways the State can prove a person guilty of DUII. For example, if the motorist exhibited poor driving, performed poorly on the Field Sobriety Tests or admitted to consuming too much alcohol, this could be evidence that could convict a person of DUII despite a BAC of less than .08%. In addition, DUII can apply where a person's condition is affected by substances other than alcohol, both legal and illegal. An attorney must examine all the circumstances before advising a person whether a case can be beaten in court. 10. Is it better to blow or not to blow on the Intoxilizer? By the time a person consults an attorney to discuss this, the decision has usually been made already. However, certain points can be made. On the one hand, under Oregon's "Implied Consent" law, the suspension period for refusing to give a breath sample is much longer than the suspension period for failing a breath test. Recent legislation imposes a fine up to $1000 for a motorist who refuses to submit to a breath test. Another factor weighing in favor of taking the test can be that, sometimes, a person is able to get a "good" reading on the Intoxilizer test. On the other hand, if a person refuses to give a breath sample, the police are deprived of what might be considered to be incriminating evidence. A further consideration is that some people can live their life without major disruption while waiting out an "Implied Consent" suspension, while for many others such a suspension can have a crippling effect on one's work and lifestyle. 11. How does my CDL affect my ability to enter Diversion? CDL holders are disqualified from entering the DUII Diversion Program. Contact Mark C. Cogan Law Offices If you need a lawyer to help you fight a DUII charge, contact Mark C. Cogan Law Offices today. We will consult with you and determine the best course of action for your case. With more than a quarter century of legal experience, we know how to protect your rights.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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. Being charged with a criminal offense is serious. The consequences of a criminal conviction -- no matter how seemingly minor -- can be serious and long lasting. Generally, no one is looking out for your interests except your defense attorney. Your defense attorney's entire job is to safeguard your interests and protect you from the overwhelming power of the government that is investigating and prosecuting you. Potential Consequences of a Criminal Conviction A criminal conviction can have serious, long-term consequences. Anyone faced with a criminal charge should seek out the help of an attorney. The following are just a few examples of the potential consequences of a criminal conviction: * Those convicted of a drug crime after the age of eighteen (18) or if charged as an adult (including mere POSSESSION of an illegal drug) can be prevented from receiving federal financial aid for college and graduate school. Click here to view the FAFSA worksheet for determining eligibility if you have one or more drug convictions. * Disqualification from jobs based on answering "Yes" to the common job application question "Have you ever been convicted of a crime?" * First DUII convictions result in a one year driver's license suspension. * Third DUII convictions can result in lifetime revocation. * Those convicted of failure to perform the duties of a driver when property is damaged (commonly known as "hit and run") face a driver's license suspension of ninety (90) days for a first offense, per ORS 809.410(7).