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Salem DUI Lawyers

1. 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.
2. 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.
3. 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.
4. 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.