PORTLAND DUI Lawyer

What are the Penalties for a DUI in Oregon?

Oregon law requires anyone found guilty of DUI (also know as DUII) to install an ignition interlock device in their vehicle. These require the driver of the vehicle to breathe into a device to start their car and sometimes while the car is moving. This information is then logged and sent to the court.

First DUI Offense

If a person is convicted of their first DUI offense, they could face:

• Minimum of 48-hours in jail
• Up to 1-year total in jail
• 80 hours of community service
• Minimum $1,000 fine
• A 1-year license suspension

Second DUI Offense

If a person is convicted of their second DUI offense within 5 years, they could face:

• Minimum of 48-hours in jail
• Up to 1-year total in jail
• 80 hours of community service
• Minimum $1,500 fine
• A 3-year license suspension

Third DUI Offense

If a person is convicted of their third DUI offense within 10 years, they could face felony penalties of:

• Minimum of 90-days in jail
• Up to five years in jail
• Minimum $2,000 fine
• A permanent loss of license

After a DUI arrest, it is important to contact a criminal defense lawyer as soon as possible. Penalties resulting from a DUI can take place as soon as you or a loved one are arrested—even for a first offense. Working with an attorney can help protect these rights and reduce the criminal penalties that may be leveled against you.

At the Law Office of Robert R. Cleland, our DUI lawyer in Portland, Oregon, will examine all evidence with the support of experts, including whether the breathalyzer machine was properly calibrated or if the officer followed all proper and approved procedures.

Reach out to us online and explore your legal options with us today.

Frequently Asked Questions

How Can I Avoid a DUI Conviction in Portland?

To avoid a DUI conviction in Portland, proactive defense strategies are essential. Engaging a knowledgeable DUI attorney immediately after arrest allows for a comprehensive examination of the arrest circumstances. Your attorney can look for procedural errors, such as unlawful traffic stops or improper field sobriety tests, which may weaken the prosecution's case. Additionally, enrolling in a DUI diversion program proactively may demonstrate to the court your initiative in addressing the issue, potentially influencing a more favorable outcome.

Successful avoidance of a DUI conviction often involves examining every detail, from the maintenance records of the testing equipment used to the specific actions of arresting officers. The objective is to establish any reasonable doubt regarding the evidence or procedure. Law Office of Robert R. Cleland is committed to crafting a defense that is both strategic and tightly aligned with these principles, ensuring your representation prioritizes protecting your rights and future.

What Happens During a DUI Court Appearance in Oregon?

During a DUI court appearance in Oregon, several key proceedings highlight the complex nature of DUI law. Initially, the arraignment allows you to enter a plea of guilty, not guilty, or no contest. This marks the starting point for the court's formal proceedings. Pretrial hearings may follow, providing both parties the opportunity to discuss the possibility of a plea deal. At these hearings, evidence is evaluated, and motions may be filed to dismiss certain parts of the prosecution's case based on improper procedures.

If the case progresses to trial, both the prosecution and defense present arguments, evidence, and witness testimonies to a judge or jury. The trial concludes with closing arguments, after which a verdict is reached. Navigating these procedures without a professional legal ally can be daunting. The presence of a capable attorney from Law Office of Robert R. Cleland ensures that your rights are upheld and that every legal avenue is explored throughout the duration of your trial.

Is It Possible to Appeal a DUI Conviction in Oregon?

An appeal of a DUI conviction in Oregon is possible and may be beneficial under circumstances where legal errors or injustices occurred during the trial. The appeal process begins by filing a notice with the appellate court, highlighting specific issues from the original trial that may have adversely affected the outcome. This might include improper admission of evidence, procedural errors, or insufficient representation.

During the appellate review, the court examines the record of the initial trial to determine whether harmful errors were made. No new evidence is introduced; instead, the focus is on existing evidence and trial procedures. The court can uphold the original verdict, overturn the conviction, or remand the case for a new trial. Working with an attorney familiar with the appellate process, like those at Law Office of Robert R. Cleland, can greatly influence the effectiveness of an appeal, offering the experience needed to navigate this nuanced legal terrain.

Can a DUI Charge be Dismissed in Oregon?

In Oregon, a DUI charge cannot be dismissed in return for pleas to other charges. In some states, DUI charges can be dismissed or pleaded down to a “wet reckless.” Oregon has a statute explicitly prohibiting this. For the most part, DUI charges do not get dismissed.

In rare situations, a knowledgeable DUI attorney may demonstrate to a prosecutor that their case has factual or legal problems, and the prosecutor may be convinced or forced to dismiss the case. If the breath test evidence from the Intoxilyzer 8000 was unlawfully obtained or flawed, the prosecutor might lose all evidence of a BAC greater than .08. A DUI can also be dismissed for lack of a speedy trial. If your case is delayed an unreasonable amount of time, your attorney may be able to file a motion that could cause the case to be dismissed for violating your statutory or constitutional rights to a speedy trial.

While dismissals are rare, understanding the specific conditions under which they occur is crucial. Factors impacting the strength of the case such as improper administrative conduct during the arrest, or failure to adhere to testing protocol, can be instrumental. A skilled attorney’s ability to pinpoint procedural inconsistencies can provide leverage in negotiating a case dismissal or reduction in charges.

The intricacies of legal defense in DUI cases often require a multi-faceted approach, focusing on both evidential aspects and the defendant’s personal circumstances. Examination of the arresting process, legality of the stop, and chain of custody regarding blood alcohol evidence are vital in building a compelling defense. Oregon’s legal environment necessitates that each angle is thoroughly checked to maximize the potential for dismissal or charge reduction.

How Do I Get My License Back After a DUI in Oregon?

To get your license back after a DUI in Oregon, you can get your license back after a certain period of time has passed, depending on the number of prior DUIs. If your license has been permanently revoked based on a third or subsequent DUII/DUI/DWI conviction or a felony DUII/DUI/DWI conviction in Oregon, you can petition the court to get your license back. If you were convicted under ORS 813.010 and your license was permanently revoked, you must wait for at least 10 years from the date that you were released from incarceration. Under ORS 809.235 you can petition the court to restore your driving privileges. The court is not required to reinstate your driving privileges, and to get your license back, you must have a hearing in front of a judge.

During the hearing, the court will consider the following factors when determining whether to restore your driving privileges. These are:

• The nature of the offense for which the driving privileges were revoked;
• Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in revocation.
• Other relevant factors.

License reinstatement depends heavily on personal conduct post-offense. A substantial factor is the demonstration of responsible behavior and absence of any further incidences that would raise concerns about public safety. Courts look favorably upon efforts of rehabilitation and community engagement when considering the reinstatement of driving privileges.

Furthermore, ongoing compliance with parole requirements, successful completion of mandated programs, and assurance of stability in employment or education can strengthen a petition for license restoration. Legal representation during this process can provide essential guidance, ensuring that petitions are well-founded and compelling. The overall goal is to illustrate the petitioner’s readiness to resume driving and their commitment to abide by all traffic laws going forward.

How Long Does a DUI Stay on Your Record in Oregon?

A DUI in Oregon will stay on your driving record for the rest of your life.

Contact Our DUI Attorney in Portland Today

It is understandable that you may be worried about how a DUI arrest can affect your life. There is no need to handle this on your own. Our Portland DUI lawyer is here to guide you through the entire process, upholding your rights every step of the way. When you retain the Law Office of Robert R. Cleland, we utilize our extensive knowledge of the law to craft a compelling case on your behalf. We help our clients secure the best possible result for their unique situation.

Contact the Law Office of Robert R. Cleland today to get started on your defense with our DUI lawyer in Portland, Oregon!