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Salem DUI Lawyers

1. Soto, Lindsay: Criminal Defense
2. Jones, Jeffrey: Misdemeanor Crimes: Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, DUI and other similar crimes
3. Harris, Wyatt & Amala: An arrest is a seizure under both the United States Constitution, and the Oregon Constitution, and an officer must have probable cause that you have committed a crime. The legal concept of probable cause has both a subjective and an objective component. An officer must subjectively believe that you have committed a crime, and his belief must be objectively reasonable under the circumstances. Probable cause is not simply what a reasonable officer could have believed when he conducted a warrantless search or seizure, but it is what the particular officer actually believed, based upon the underlying facts of which he was cognizant, together with his own training and experience. When a police officer places you under arrest, he must believe it is more likely than not that: (1) you, (2) were driving, (3) a vehicle, (4) upon a highway or premises open to the public, (5) while under the influence of intoxicants. Even if the officer subjectively believes that a person has committed the crime of DUII, his belief must be objectively reasonable under the circumstances. In other words, a judge must find that the police officerÕs belief was reasonable.
4. Van Ness Mooney: DUII Notice of License Suspension: If you failed or refused the breath test, you received a Notice of License 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. It is important to retain an attorney for the hearing process. The hearings are tape recorded and conducted under oath, so anything you say at the DMV hearing can be used against you if you take your DUII case to trial. You should always request a hearing on the DUII charge. There is no down side 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. Citation Your citation or summons 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. Again, our attorneys can help you through the arraignment process. Prior to your court date we will consult with you and make sure you thoroughly understand all of your rights. Our attorneys can also explain diversion. Diversion 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. To take advantage of diversion, you must file an Affidavit of Eligibility. This is a statement that you sign under oath certifying that all of your statements are true. Again, you should consult with our attorneys prior to executing the affidavit. 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. If your case is not eligible for diversion, we will help you through 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). In addition to the DUII charge, you may have also be charged 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.
5. Lafky & Lafky: adults and juveniles in every type of crime or infraction, from the simplest violation to the most serious crime in State, Federal and Municipal courts
6. Geiger, Mark: In Salem Oregon ÒDriving Under The Influence of IntoxicantsÓ means operating a motor vehicle while under the influence of alcohol and/or drugs to a degree that renders one unable to safely drive a motor vehicle. It is not necessary for one to be drunk to be arrested for or convicted of DUII in Salem Oregon. Oregon DUII convictions can be obtained where a person operates a motor vehicle while under the influence of alcohol, or operates a vehicle with a blood alcohol level (BAL) or breath alcohol content (BAC) of .08 or greater. Persons with a commercial drivers license (CDL) can be convicted with a blood alcohol level or breath alcohol content of .04 or greater. For the purpose of this website we will refer to DUII as DUI (Driving Under The Influence). An arrest for DUI also notifies the DMV to take action against your privilege to drive in the form of a suspension of those privileges. The goal of a Salem Oregon DUI lawyer in representing a DUI client is to obtain a dismissal of the charges, an acquittal in trial, or a non-DUI disposition. While this is not always possible, the only chance for success in an Oregon drunk driving case is to have a competent drunk driving criminal defense attorney. It is extremely important that you be familiar with the issues involved in a typical DUI case so that you may aid and participate in your defense and make informed choices regarding your case. It is also vitally important that you tell your DUI defense lawyer all of the facts, so that he or she is able to best help defend the drunk driving case. There are three ways for a prosecutor to prove a Salem Oregon DUI case. Keep in mind that unless each element of the case is proved beyond a reasonable doubt, the defendant in a DUI case is entitled to a verdict of Ònot guilty.Ó An Oregon driving under the influence case can be prosecuted under any of the following theories: 1. By proving that the defendant was an unsafe driver due to impairment by alcohol and/or drugs by using the officerÕs observations, including the manner of driving, field sobriety test, the way the driver appeared physically, and the breath or blood test (or refusal to take the test). 2. By proving the defendant was driving the vehicle at a time when his blood alcohol level (BAL) was .08% or greater (.04% for CDL). The prosecutor must prove beyond a reasonable doubt that the test you were given was a valid test and administered properly. 3. Oregon and all remaining 49 states have a ÒPer SeÓ law. The levels of prohibited substances are: amphetamine, cocaine or bezoylecognine (cocaine metabolite), heroin or morphine or 6-monoacetyl morphine (heroin metabolite), LSD, marijuana or marijuana metabolite, methamphetamine, and phenycyclidine. If you have a certain level of any of these substances in your blood while driving you will be presumed to have violated the Driving Under the Influence statute. This presumption may be rebutted by a prescription. The DMV Action In Oregon A DUI arrest triggers not only a criminal case being charged against the arrestee, but a driverÕs license suspension (Implied Consent) by the DMV. If a person who has just been arrested for DUI consents to a breath test and the results of that test are at or above the legal limit of .08 or .04 (CDL), DMV will issue a driverÕs license suspension of 90 days to one year. If a person refuses a breath or blood test the suspension will be from one to three years. These suspensions are separate from any suspensions that can result a court. Oregon has some of the harshest criminal laws in the nation. If you are charged with a DUI in Salem Oregon, retaining a skilled DUI criminal defense lawyer / attorney is critical. It is sad to see how many perfectly safe social drinkers have been unjustly convicted of this crime. Often times it is all in the name of money. Many police officers are eager to spend time in court to testify against the accused so that they can earn some extra overtime money. If you ever wind up being a juror and the district attorney (DA) tells you that the officer has no reason to lie, realize that this is simply not true. A police officer can earn an additional $40,000 a year just putting in the overtime in court.
7. Wyatt, Gig: A police officer must have a valid reason to ÒstopÓ you, or temporarily restrain your liberty. In general, there are two different ways a police officer may lawfully stop you: (1) If an officer has probable cause to believe that you have committed a traffic violation, the stop is valid; and (2) If an officer has reasonable suspicion that you have committed, or are committing a crime then the stop will be valid. However, if the police officer did not have a lawful reason to stop you, then the evidence of the stop could be suppressed, and any evidence the officer gained after the stop. If a Defendant successfully suppresses the stop, then it is likely the prosecutor will dismiss the case because the State would not have any evidence to present to a jury at trial. If the stop is made on the basis of a traffic violation, then an officer must have specific and articulable facts which justify expanding the scope of the stop from a traffic violation into a criminal investigation (i.e., a DUII investigation). Typically, officers will report an odor of alcohol, bloodshot and watery eyes, slurred speech, flushed face, dexterity problems, and other common indicators of impairment.
8. DenHartigh, David : Arrestees should find and call a good DUII lawyer immediately! Don't wait until the first court appearance! Oregon allows an arrestee a reasonable opportunity to call a lawyer for advice BEFORE submitting to the breath test. If a chemical test of breath, blood or urine is refused or yields a result of .08% or more, it is essential to submit a written demand for a DMV hearing within 10 days of the arrest or the arrestee's drivers license will be suspended. The arrestee can submit the written request for a hearing but it's best to get a lawyer immediately to represent the arrestee at the DMV hearing because it is the only opportunity for a lawyer to challenge the suspension, investigate the State's case and lock down the cop's testimony under oath. In Oregon, the legal term for drunk driving is driving while under the influence of intoxicants (DUII). Other abbreviations that are commonly used Ñ especially in other states Ñ include DUI, DWI, OWI and OMVWI. Related charges include boating under the influence and flying under the influence. If you have been cited for DUII, contact a lawyer immediately. If you failed or refused a breath, urine or blood test you will have only 10 days to submit a written request for a hearing to challenge an administrative (DMV) suspension of your drivers license. The administrative (DMV) license suspension proceeding is an entirely separate proceeding from the criminal DUII court proceeding. Don't wait until your first court appearance on the criminal charge, or your drivers license will be suspended automatically. You particularly need a skilled, experienced DUII lawyer if you already have a DUII conviction on your record. The penalties increase upon multiple convictions. For example, the third conviction in a 10-year period is a felony and will result in a permanent revocation of your drivers license. Don't Surrender Your Rights The general public is not necessarily aware of all the defenses that are available by law to people accused of DUII, both in the criminal proceeding and in the DMV administrative license suspension proceeding. There is often an assumption that "scientific" evidence such as a breath test is infallible, but that is not always the case. You should consult an attorney with knowledge and skill in the area of DUII defense before jumping to any conclusions about your likelihood of successfully defeating the charges.
9. Gunn & Gunn: In the State of Oregon, if you are arrested for Driving Under the Influence, you may loose your license. If after an arrest for Driving Under the Influence of Intoxicants, you either (1) took a breath test and failed (.08 or greater), or (2) you refused to take a breath test after being offered the opportunity to take a breath test, your license will be suspended for between 90 days and 3 years. In order to preserve your rights to a hearing before the Department of Motor Vehicles suspends your license, you must request a hearing within 10 days of the date of your arrest. If you do not request a hearing, you will forever forfeit your rights to a hearing, and the Department of Motor Vehicles will enter a suspension of your license. If you have been arrested for D.U.I.I. you should seek the advice of an experienced D.U.I.I. attorney immediately.
10. Pierson, Lamont & Carlson: Although you may believe that a D.U.I.I. is a simple criminal charge, a DUII is actually a very complex problem in both criminal and administrative law. Two separate cases are usually started against you when you are cited for a DUII. The first is the criminal case and the first appearance date is listed on your citation. That's when you first have to show up in court. The second case involves the DMV. Most people receive a DUII because they failed an Intoxilyzer test (the breathalizer). This failure, or a refusal to take the test, will result in DMV suspending your license.