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Portland DUI Lawyers

1. Sherman, Paul: YOU HAVE A BIG PROBLEM If you have been arrested or charged with Driving Under the Influence, you have a big problem. You need to contact our office immediately - the failure to do so could result in the loss of your driving privileges and a criminal conviction. DRIVING UNDER THE INFLUENCE CHARGES Driving under the Influence is probably one of the most serious charges the average individual will ever face in the Court system. Let's face it honest, hard working people are regularly charged with driving under the influence. It is a mistake that can occur on virtually any weekend or cause for celebration. The laws which govern driving under the influence charges are different in Oregon and Washington. For purposes of this article, we will use the terms "driving under the influence", "DUII" and "DUI" interchangeably. A person convicted of Driving Under the Influence faces very harsh penalties including mandatory jail time and loss of driving privileges. The consequences of a conviction can last a lifetime. Our firm can minimize the impact significantly, in even the most difficult cases. A person can be charged with Driving Under the Influence of Intoxicants based on two alternative grounds: (1) driving with a .08 or greater BAC; or (2) driving while "under the influence" of alcohol and/or drugs. These are alternative grounds for committing the offense, and persons with blood alcohol (BAC) levels below .08 are often charged and convicted of DUI. As long as the driver appears "impaired" or "under the influence" of alcohol or drugs, that person may be prosecuted for driving under the influence regardless of the BAC level. A person can also be charged for driving under the influence while taking prescription medication. Driving under the influence is not the only criminal charge available to prosecutors in cases involving drinking and driving. Other offenses such a Reckless Driving or Criminal Mischief are often charged by over zealous prosecutors. Accidents involving alcohol can lead to felony charges and mandatory prison time. Other charges can arise from merely being in the driver's seat of a vehicle under the influence or driving after consuming any amount of drugs or alcohol. Our firm can assist you in defending all of the possible consequences of driving under the influence. Both Oregon and Washington have a "zero tolerance" policy for drivers under the age of 21, and under the influence charges can arise from virtually any detectible ingestion of alcohol in a minor. DRIVERS LICENSE SUSPENSION Any licensed driver who is arrested for DUI and has a breath test above .079, or refuses to take a breath or blood test, faces the possibility of losing his or her driving privileges. Suspensions range from 90 days to a year depending the circumstances. A hearing request is essential to save your driving privileges and must be made as early as 10 days from the arrest. You will then be faced with two legal problems, the criminal charge, and the civil administrative license suspension. You should consult our firm immediately to address this problem. The failure to timely request a hearing will result in an automatic driver's license suspension and the inability to contest it. These issues are complicated and should be discussed with your attorney as soon as possible to protect your license from suspension. Keep in mind that even if a person prevails at the Administrative hearing, the driver's license may still be suspended or revoked pursuant to the separate criminal prosecution, or a conviction for driving under the influence. HIGH RISK (SR22) INSURANCE Anyone who loses his or her license due to a DUI arrest or conviction faces being required to maintain "high risk" (SR22) insurance for as long as three years. This insurance is more expensive than standard insurance. Proper legal representation is essential to avoiding this problem. MY BREATH/BLOOD ALCOHOL READING WAS BELOW THE LEGAL LIMIT. DO I HAVE ANYTHING TO WORRY ABOUT? Even if your breath test results (BAC) are below the legal limit, or if there are no test results, the State will still charge you with a DUI if there is sufficient evidence to show that your ability to drive was impaired. Remember, there are two ways to commit a DUI (1) driving with .08 or above, or (2) simply driving "while under the influence" of alcohol or drugs. So it is important to request an attorney immediately and not provide the arresting officer with evidence to convict you. Remember, you have the right to remain silent, and the right to an attorney. Use these rights wisely. MY BREATH TEST WAS WAY OVER THE LEGAL LIMIT. AM I DOOMED? No. You need the advise of a competent DUI attorney as soon as possible. A high breath test can subject you to more severe consequences. Our law firm can lessen the impact of even the most difficult case. I REFUSED THE BREATH TEST - HOW WILL THIS AFFECT MY CASE? A person who refuses a breath test dramatically increases the consequences of driving under the influence. This can result in increased jail time and fines as well as the length of your license suspension. The administrative loss of your license is one year, and a criminal conviction can be longer. See your attorney as soon as possible. IF I HIRE AN ATTORNEY, DOES THAT MEAN MY CASE WILL AUTOMATICALLY GO TO TRIAL? Probably not. We can actually lower the chances of your case going to trial and help you obtain the best possible result for your case. The vast majority of DUI cases do not go to trial, and are resolved by an acceptable plea bargain. Whether or not your case goes to trial depends on a number of variables. Clearly the best way to avoid a trial is to prepare for it. The best way to do that is to hire an attorney respected by the prosecuting attorneys and skilled at defending DUI cases. IF MY LICENSE GETS SUSPENDED, CAN I GET A PERMIT THAT WILL ALLOW ME TO GO TO AND FROM WORK? There are many factors which determine your eligibility for a "work permit" or "occupational" license during your suspension period. These factors include the final disposition of the administrative suspension and criminal charges, your driving and criminal history, whether you submitted to the breath test or refused, whether you had a valid license on the date of arrest, and whether you have an alcohol or drug problem. There are many conditions and limitations on temporary restricted/occupational licenses or work permits and you should seek the advise of the DUII attorneys for your particular case. WHAT CAN AN ATTORNEY DO FOR ME? DUI law is extremely complicated and the penalties are very harsh. Given the impact this charge can have on your life, you should hire the best DUI attorney you can afford, period. We can can do a great deal to soften the blow of DUI arrest and get the best possible outcome for your case. HOW MUCH WILL YOU CHARGE TO REPRESENT ME? The legal system is no different than life in general, you get what you pay for. There is a great deal of misinformation surrounding DUI's and the consequences of not understanding your rights are severe. The system has become too complicated to adequately represent yourself and mistakes can last a lifetime.
2. 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.
3. 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.
4. Clark, Jennie: An arrest record or criminal record can often affect oneÕs ability to obtain housing or employment.
5. 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.
6. 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
7. Karstan Lovorn: Handles DUII, traffic violations, and misdemeanor and felony cases.
8. 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.
9. Leonard Berman: Know your rights.
10. 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."
11. 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:

    1. 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.

12. 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.
13. 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.
14. 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. IMPORTANT DUII INFORMATION NOTICE OF LICENSE SUSPENSION If you failed or refused the breath test, you received a Notice of Suspension. At the bottom of the Notice is your temporary permit; keep this with you, as it allows you to drive for the 30 days between your arrest and when the suspension goes into effect. On the back of the Notice, at the very bottom, is information on requesting a hearing regarding the suspension. YOU HAVE 10 DAYS FROM THE DATE OF ARREST FOR THE HEARINGS OFFICE TO RECEIVE YOUR REQUEST FOR A HEARING. You should fax the request, so that you have confirmation the office received your request. If you hire Ms. Pellikaan to assist you with your DUII charge, she will fax the hearings request on your behalf at no additional charge. An attorney is not required for the hearing, and many people choose to represent themselves at the hearing, but you should discuss this with your attorney to determine any legal issues you might have. Remember, the hearings are tape recorded and conducted under oath, so anything you say at the DMV hearing could be used against you if you take your DUII case to trial. Even if you plan to plead guilty to the DUI charge, you should still request a hearing. Nothing worse will happen if you have the hearing, and if the officer does not show up for the hearing or doesnÕt turn in his paperwork on time, you may get your license back. If, after the hearing, the judge upholds the suspension, you may apply for a hardship permit. However, the hardship permit does not cover the entire suspension period. For example, on a 90 day suspension for failing the breath test, the hardship is only valid for 60 days. You may obtain a hardship through DMV; it requires an SR-22 from your insurance company. CITATION Your citation or summons is the smaller piece of paper. It shows your court date near the bottom. This court date is your arraignment, where you are formally charged with the crime of DUII and possibly other crimes as well. Some courts, including Clackamas and Multnomah counties, allow your attorney (if you have hired one) to appear on your behalf and set your case for a diversion hearing if eligible, or a pretrial conference if your case is not eligible for diversion. Most courts will not allow you to plead guilty at the arraignment. This is because arraignment courts typically donÕt have the time or staffing to take guilty pleas. Because pleading guilty to the crime of DUII comes with serious consequences, judges want to make sure you have time to consult with an attorney and thoroughly understand all of your rights. DIVERSION ÐELIGIBILITY Generally, you are eligible for diversion if the following are true: you have not had a DUII conviction or participated in a diversion program anywhere within the last 10 years, you were not in an accident causing injury to anyone, and you have not been convicted of assault or manslaughter involving operation of a motor vehicle in the past 10 years, you do not have a current CDL. Before you enter diversion, Ms. Pellikaan will thoroughly discuss with you the Affidavit of Eligibility that you must sign and present to the judge at the time to enter diversion. DIVERSION ÐREQUIREMENTS First, to enter diversion you must plead guilty or no contest to the DUII charge. This means that you are forever giving up your right to have a trial in the case. The judge will then hold entry of judgment for 1 year. Assuming you complete the following requirements, the DUI will be dismissed. However, the arrest will remain on your record; under current law, the arrest is not eligible for expungement. The diversion requirements are as follows: pay $358 in court fees; complete alcohol evaluation through the county (cost is $150); complete alcohol classes or treatment; attend one-time victim panel class (cost is between $10 and $50); no drinking and driving for one full year. In most courts, your attorney must file a Motion to Dismiss the charge once the year is over. DUII-NOT DIVERSION ELIGIBLE If your case is not eligible for diversion, it will be set for a pretrial conference. Ms. Pellikaan will then either negotiate a sentence that you are comfortable with, or she will send your case out for trial (trial will be held on t a different day from the pretrial conference). Because the charge is a class A misdemeanor (unless you have 3 prior DUIIs, in which case your DUII is a felony), you may have a trial with a six person jury. The prosecutor has the burden of proving your guilt beyond a reasonable doubt to all 6 jurors (the decision to convict or acquit must be unanimous). A typical sentence for a DUII includes probation, jail, alcohol evaluation and treatment, victim panel attendance, a fine, and possibly community service. Your sentence depends on the particular facts of your case. Ms. Pellikaan will discuss various sentencing options with you at length and will work to secure an outcome that you are comfortable with. OTHER CHARGES The prosecutor may have also charged you with Reckless Driving, Recklessly Endangering Another, Criminal Mischief or other associated crimes. These crimes are not eligible for the diversion program and will have to be resolved separately from the DUII, either by a plea or trial. Ms. Pellikaan has considerable experience resolving these Òcompanion chargesÓ and will discuss the possible options with you.
15. 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.