Driving While Intoxicated (DUI) or Driving Under the Influence (DWI)?

Driving While Intoxicated (DUI) or Driving Under the Influence (DWI)
It’s all the Same in Arizona
Guest Article by Attorney David Michael Cantor, The Law Offices of David Michael Cantor, Arizona.

In many states, a DWI (Driving While Intoxicated) and a DUI (Driving Under the Influence) are different charges and carry with them their own set of punishments. However, in the state of Arizona, they are equal and carry matching punishments. The differences reside on the technical definitions:

  • DUI (A.R.S. §28-1381 (A)(1)) Driving Under the Influence of Intoxicating Liquor (or Drugs): The DUI charge, by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions.
  • DWI (A.R.S. §28-1381 (A)(2)) Driving with a Blood Alcohol Content (BAC) of 0.08% or Greater within Two Hours of Driving. The DWI charge does require a breath or blood reading, but it does not require that the accused have a BAC of .08% or greater “at the time of driving”. It prohibits anyone from having a BAC of .08% or higher within 2 hours of driving if the alcohol was consumed during, or before, driving the car.

Interestingly, if you happen to live in a state that does classify these two charges separately and acknowledges them individually, the DUI is typically the lesser charge. This is because in order to be charged with a DUI, an officer must simply suspect that you are under the influence based on how you are driving, any symptoms of being impaired (slurred speech, for example) or simply telling the officer you have had alcohol to drink.

Because Arizona takes driving while impaired extremely seriously, you can view them as the same; the differences among impaired driving charges exist within the severity of impairment based on BAC readings and the amount of times you have been charged with a DUI in the past.

The Charges and Their Penalties of Regular (Standard) DUI

First Offense Regular DUI (Misdemeanor): First-time conviction or has been seven years since the last conviction;  BAC is at .149 or less. Penalties include:

  • 10 days in jail
  • Counseling (up to $585 for 36 hours)
  • Fines (in excess of $1,537 plus surcharges)
  • 1 year of having an ignition interlock device (up to $1,200 a year)
  • Providing an SR22 document to your auto insurance ($500)
  • Substantial increase in auto insurance
  • A grand total of about $13,000

Second Offense Regular DUI (Misdemeanor): Second conviction or if you have a prior DUI within the past seven years; BAC of .149 or less. Penalties include:

  • 90 days in jail ($2,500)
  • Counseling (up to $585 for 36 hours)
  • Fines (in excess of $3,500 plus surcharges)
  • Loss of driver’s license for a year
  • 1 year of having an ignition interlock device (up to $1,200 a year)
  • 30 hours of community service
  • Providing an SR22 document to your auto insurance ($500)
  • Substantial increase in auto insurance
  • Job loss, depending upon career

Third Offense Regular DUI (First Offense Felony, Aggravated DUI): If this is your third DUI within seven years, the prosecutor in the state of Arizona could easily decide (and more than likely, will) to charge you with a felony. If they do charge you with a felony DUI, the mandatory minimum punishment is four months in the Department of Corrections. If you have had two prior DUI convictions within the past seven years, your BAC is .149 or less, and they charge you with a misdemeanor, the penalties include:

  • 180 days in jail, if convicted of a misdemeanor ($14,500)
  • Counseling (up to $585 for 36 hours)
  • Fines (in excess of $3,500 plus surcharges)
  • Loss of driver’s license for a year
  • 1 year of having an ignition interlock device (up to $1,200 a year)
  • Providing an SR22 document to your auto insurance ($500)
  • Substantial increase in auto insurance
  • Job loss, depending upon career

Outside of the Standard DUI classifications, there are Extreme DUIs and Aggravated DUIs. Extreme DUIs occur when a driver has a BAC of 0.15 or higher. Aggravated DUIs (felony) occur when a DUI is committed with a suspended, revoked or cancelled driver’s license or is a third DUI offense within 84 months.

In Arizona, there is a separate conviction called Aggravated DUI with Child in Car. This is perhaps the most egregious of the DUI convictions because you are not just facing a felony charge; you are facing potentially losing custody of the child (under the age of 15) that was in the vehicle when you were pulled over for DUI. The penalties include:

  • 10-45 days in jail, depending upon severity of DUI (up to $3,700)
  • Counseling (up to $585 for 36 hours)
  • Fines (in excess of $3,500 plus surcharges)
  • Loss of driver’s license for a year
  • 2 year of having an ignition interlock device (up to $1,200 a year)
  • Providing an SR22 document to your auto insurance ($500)
  • Substantial increase in auto insurance around $3,000 for the next three years
  • Job loss, depending upon career
  • Loss of voting and gun rights
  • Total cost of between $4,000 to $26,000 depending upon BAC

Arizona DUI lawyers have a variety of defenses to use for DUI charges. These defenses include:

  • No Reasonable Suspicion to Stop
  • No Actual Physical Control
  • No Probable Cause for Arrest

The Law Offices of David Michael Cantor advise their clients to always invoke their Right to Remain Silent. Constitutional rights prohibit an officer from asking too many questions; the answers to questions asked by officers could make a suspect unintentionally make statements that might unfairly indicate guilt. In addition to invoking your right to remain silent, if you are pulled over for a DUI, always request to speak to an attorney at once—whatever state you may be in.

David Michael Cantor is a DUI Attorney in Mesa Arizona at The Law Offices of David Michael Cantor. He is a Certified Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®.

Do All States Permanently Suspend a License on a 3rd DUI Conviction?

On the 3rd conviction or a felony DUII in the state of Oregon drivers will lose their license permanently. When looking at other states this is the most severe punishment. It is important to note that this is after a third DUII conviction in the state of Oregon. For more on license suspension after an Oregon DUI use this page – License Suspension in Oregon.

Below you will find the license suspension time period after the 3rd conviction in all 50 states and Washington, DC. Over time we are going to verify this data with DUI lawyers in each respective state. If you are a DUI lawyer in a state that has not been verified please email us at andy@andygreenlaw.com. We will verify the information and credit you with a reference to your legal practice.

Alabama – 3 years

Alaska – 3 years to permanent – In Alaska, if you have 3 DUI convictions in 10 years, you receive a felony and lifetime revocation of your license.  There is a possibility of getting your license back after 10 years. If you receive a third DUI, but it is not your third within 10 years, say, three DUIs in 15 years, you receive a 3 year license suspension. Explained by Ben Crittenden of the Law Office of Ben Crittenden.

Arizona – 1 to 3 years – A third DUI can be charged either as a misdemeanor or a felony offense. If your prior two DUI’s are within 84 months of your 3rd DUI, you will most likely be charged with a felony offense and your license will be revoked for one year. If your third DUI within 84 months is only charged as a misdemeanor and you are convicted, your license will be revoked for a minimum of three years. If your third DUI is not within 84 months of your first DUI, it will be charged as a misdemeanor as long as your license was not suspended, restricted, or revoked on the date you were arrested and you did not have a child under the age of 15 in the car at the time. A conviction under this scenario will result in a one year revocation of your license, but you can apply for a restricted interlock license after 45 days of the revocation have lapsed. Explained by David Michael Cantor of The Law Offices of David Michael Cantor.

Arkansas – 30 months – There is a difference in DWI (.08 or above regardless of age) and DUI (under 21 years old and BAC 0.02-0.07) in Arkansas. 3rd DUI is revocation for 3 years or until 21, whichever is longer. 3rd DWI is a suspension for 30 months. Explained by Brandon Moffitt of Moffitt and Phillips Attorneys, LLC.

California – 3 years

Colorado – 2 years

Connecticut – permanent

Delaware – 24 to 36 months

Washington, DC – 2 years

Florida – 10 years (can be reduced to 2 years)

Georgia – 5 years – A 3rd in 5 (as measured from date of arrest to date of arrest) results in being declared a habitual violator and a 5-yr suspension. Information verified by Atlanta DUI Attorney Ben Sessions.

Hawaii – 1 to 5 years

Idaho – 1 to 5 years

Illinois – minimum of 10 years

Indiana – minimum of 1 year up to 10 years

Iowa – 6 years

Kansas – 1 year

Kentucky – 2 years is the suspension for a DUI 3rd conviction in Kentucky. Information confirmed by Hugh Barrow of Barrow Law Group.

Louisiana – 2 years

Maine – 6 years

Maryland – minimum of 18 months

Massachusetts – 8 years – Information confirmed by Russell Matson of The Law Offices of Russell Matson.

Michigan – minimum of 1 year – Three DUI convictions within 10 years results is a minimum five year license revocation in Michigan. Two within seven (7) is one year. Information provided by Barton Morris of The Law Offices of Barton Morris.

Minnesota – minimum of 1 year

Mississippi – 5 years

Missouri – 10 years

Montana – 1 year

Nebraska – 2 to 15 years

Nevada – 3 years

New Hampshire – indefinitely

New Jersey – 10 years

New Mexico – 3 years

New York – minimum of 1 year – A second conviction results in a 1 year suspension. A third conviction will result in a year suspension by the courts but the NYS DMV may impose a permanent suspension. Information provided by Jason Steinberger of The Law Offices of Jason Steinberger.

North Carolina – 1 year to permanent

North Dakota – 2 to 3 years

Ohio – 1 to 10 years

Oklahoma – 1 year

Oregon – permanent

Pennsylvania – 1 year

Rhode Island – minimum of 2 years

South Carolina – 2 years

South Dakota – 1 year

Tennessee – The license revocation period in Tennessee for a third offense is now 6 years, with the possibility of a restricted license with an ignition interlock device. Information provided by Tennessee DUI Lawyer Steve Oberman.

Texas – 180 days to 2 years

Utah – 2 years

Vermont – permanent

Virginia – indefinitely – If a person is convicted of a 3rd DUI within 10 years in Virginia, DMV revokes the license indefinitely. (46.2-391(B)) After 3 years, they can petition for a restricted license. After 5 years, they can petition for full restoration of their license. That’s all from this statute. This information was provided by Andrew Flusche Virginia DUI Attorney at Law.

Washington – 3 to 4 years

West Virginia – 1 year

Wisconsin – 2 to 3 years

Wyoming – 3 years

 

State by State Legal Blood Alcohol Limit (BAC)

While 0.08 is the BAC level that will result in a charge of DUI, DUII or DWI there are zero tolerance and enhanced penalty BAC levels that differ from state to state. Also note that the fines, fees and laws are different in each state. If you have had a DUI in California do not think that you will go through the same process and costs when being tried for a DUI in Oregon. There are also different levels of conviction that are often determined by the extent of the accident or drunk driving scenario.

If you have been issued a DUII citation in the state of Oregon contact Andy Green today as he can offer a free consultation telephone call. During this call he will be honest with you and help you come up with the proper strategy to get the DUII reduced or dismissed. You can contact him at 503-477-5040.

Below is a chart of the Legal Blood Alcohol Limit By State:

State Per-se BAC Level Zero Tolerance
BAC Level
Enhanced
Penalty
BAC Level*
Alabama DUI 0.08 0.02 0.15
Alaska DUI 0.08 0.00 0.15
Arizona DUI 0.08 0.00 0.15
Arkansas DWI 0.08 0.02 0.15
California DUI 0.08 0.01 0.15
Colorado DUI 0.08 0.02 0.17
Connecticut OWI 0.08 0.02 0.16
Delaware DUI 0.08 0.02 0.16
DC DUI 0.08 0.00 0.20
Florida DUI 0.08 0.02 0.20
Georgia DUI 0.08 0.02 0.15
Hawaii DUI 0.08 0.02 N/A
Idaho DUI 0.08 0.02 0.20
Illinois DUI 0.08 0.00 0.16
Indiana DUI 0.08 0.02 0.15
Iowa OWI 0.08 0.02 0.15
Kansas DUI 0.08 0.02 0.15
Kentucky DUI 0.08 0.02 0.18
Louisiana DWI 0.08 0.02 0.15
Maine OUI 0.08 0.00 0.15
Maryland DUI 0.08 0.00 0.15
Massachusetts OUI 0.08 0.02 0.20
Michigan DWI 0.08 0.00 0.17
Minnesota DWI 0.08 0.00 0.20
Mississippi DUI 0.08 0.02 N/A
Missouri DWI 0.08 0.02 0.15
Montana DUI 0.08 0.02 0.16
Nebraska DUI 0.08 0.02 0.18
Nevada DUI 0.08 0.02 0.18
New Hampshire DUI 0.08 0.02 0.16
New Jersey DWI 0.08 0.01 0.15
New Mexico DUI 0.08 0.02 0.16
New York DWI 0.08 0.02 0.18
North Carolina DWI 0.08 0.00 0.16
North Dakota DUI 0.08 0.02 0.18
Ohio DUI 0.08 0.02 0.17
Oklahoma DUI 0.08 0.00 0.15
Oregon DUI 0.08 0.00 0.15
Pennsylvania DUI 0.08 0.00 0.16
Rhode Island DUI 0.08 0.02 0.15
South Carolina DUI 0.08 0.02 0.15
South Dakota DUI 0.08 0.02 0.17
Tennessee DUI 0.08 0.02 0.20
Texas DWI 0.08 0.00 0.15
Utah DUI 0.08 0.00 0.16
Vermont OWI 0.08 0.02 0.16
Virginia DUI 0.08 0.02 0.15
Washington DUI 0.08 0.02 0.15
West Virginia DUI 0.08 0.02 0.15
Wisconsin DUI 0.08 0.00 0.17
Wyoming DUI 0.08 0.02 0.15

7 Ridiculous Myths About Car Accidents

Guest article by Kevin Landry

Car accidents happen all the time and there are always three sides to the story: your version of events, the other driver’s version of events and what actually happened. But the sad reality is people still believe these seven car accident myths:

1. Every state has the same auto injury laws

Some states require you to buy liability insurance while others have at-fault laws. Insurance rates vary from one state to another because they are regulated by state run agencies. No fault law simply means if you get into an accident, regardless of whose fault it was, you will still receive compensation. At fault law is a complete opposite of the no fault law. The state will consider who was responsible for the accident and to what extent. They will then use this information to determine who pays what.

2. The police will determine whose fault it was

We always recommend you call the police as soon as possible following an accident so they can draft a report. But you shouldn’t rely on the police to decide who is to blame for the accident. Your lawyer, insurance companies and the courts will battle it out in the courtroom to determine who was responsible for the accident. While the police report will go a long way into helping your case, it’s better to bring along your own notes, photos and any other evidence that you have in order to make your case stronger.

3. If your injuries are not apparent immediately, you can’t sure for injuries later

Some injuries take a while before you notice them. Something like a whiplash won’t be noticeable immediately. But the good news is you can file an injury claim any time you wish as long as you do so within the state’s statute of limitations. However, to be on the safe side, you should seek medical attention immediately if you have been involved in an accident, even if it is a minor one and you don’t have any noticeable injuries.

4. Any personal injury lawyer can handle a car accident case

You can’t just hire any lawyer who claims to be a personal injury lawyer  to handle your car accident case. First of all, car accident law is constantly changing so there’s a lot of uncertainty for general practice lawyers who want to understand what makes a good car accident injury claim.

Secondly, a lawyer who doesn’t specialize in car accident cases most likely doesn’t have any experience with these types of cases. Besides, they are not aware how future litigation might be affected by the latest judgments. They don’t even know how to properly handle car insurance companies and their dirty tricks.

5. If your injuries are severe, you will get a huge settlement amount

It’s not unusual to hear a car accident victim’s case was thrown out and they received zero compensation even though they suffered life altering injuries.  The law can be interpreted in so many different ways and insurance companies are using all sorts of tactics to challenge injuries. Besides, the current economy isn’t doing insurance companies any good; they are not making profits. More importantly, having a great lawyer doesn’t guarantee you will receive a huge settlement amount.

6. You can work it out with the other driver

When most drivers get into an accident, the biggest mistake they make is admitting fault. Sometimes it happens by mistake and sometimes they do it consciously especially if they are negotiating their own with the other driver. If you have been involved in a fender bender, you only need to exchange insurance information but if you have been in a serious accident, you need to hire a car accident lawyer to help you out.

7. Your insurance company will handle everything

Don’t be shocked if your insurance company isn’t so eager to pay out what is covered in your policy. Insurance companies are great but you should scrutinize any offer they make you. As a matter of fact, you shouldn’t accept any offers or talk to the other driver’s insurance company or attorney in the absence of your own lawyer.

This is why it is important to get expert legal advice if you have been involved in a car accident. Your lawyer will answer any questions you have. Avoid getting your case thrown out simply because you believed these seven car accident myths.

State by State DUI Checkpoint Laws

In the state of Oregon, DUI checkpoints have been banned. Anyone that moves to the state from California or Nevada may not realize that sobriety checkpoints are not authorized (see State v. Boyanovsky, 743 P.2d 711 (Or. 1987)). Studies have shown that DUI checkpoints reduce alcohol related crashes by as much as 9%. That said, for Oregon law enforcement officials to start setting up DUI checkpoints there will have to be legislation that is voted on by the residents of the state.

Below you will find a chart of the state sobriety laws:

State Checkpoints Conducted? Frequency Legality
Alabama Yes Throughout the year Upheld under federal Constitution
Alaska No No state authority
Arizona Yes At least once per month Upheld under federal Constitution
Arkansas Yes Weekly Upheld under state and federal Constitution
California Yes 2,500+ annually Upheld under state and federal Constitution
Colorado Yes Once or twice a month Upheld under state and federal Constitution
Connecticut Yes Upheld under state Constitution
Delaware Yes Monthly January to June; weekly July through December Upheld under state law and federal Constitution
D.C. Yes Once or twice a month Upheld under federal Constitution
Florida Yes Between 15-20 per month Upheld under federal Constitution
Georgia Yes Weekly Upheld under state and federal Constitution
Hawaii Yes Weekly Authorized by statute
Idaho No Illiegal under state law
Illinois Yes Several hundred per year Upheld under federal Constitution
Indiana Yes Upheld under state Constitution
Iowa No Not permitted – statute authorizing roadblock controls does not authorize sobriety checkpoints
Kansas Yes Once or twice a month Upheld under state law and federal Constitution
Kentucky Yes Weekly Upheld under federal Constitution
Louisiana Yes Upheld under state Constitution
Maine Yes Upheld under federal Constitution
Maryland Yes Weekly Upheld under state and federal Constitution
Massachusetts Yes Year round Upheld under state and federal Constitution
Michigan No Illegal under state Constitution
Minnesota No Illegal under state Constitution
Mississippi Yes Weekly Upheld under federal Constitution
Missouri Yes Once or twice a month Upheld under state and federal Constitution
Montana No Statute permits only safety spotchecks
Nebraska Yes 6 – 10 per month Upheld under state law
Nevada Yes Once or twice a month Authorized by statute
New Hampshire Yes Weekly, weather permitting Authorized by statute (must be judicially approved)
New Jersey Yes Once or twice a month Upheld under state and federal Constitution
New Mexico Yes Upheld under state and federal Constitution (law enforcement must follow guidelines)
New York Yes Weekly Upheld under federal Constitution
North Carolina Yes Weekly Authorized by statute
North Dakota Yes Upheld under state and federal Constitution
Northern Mariana Islands Yes Twice a month
Ohio Yes Year round Upheld under state and federal Constitution
Oklahoma Yes Once or twice a month Upheld under state and federal Constitution
Oregon No Illegal under state Constitution
Pennsylvania Yes Several hundred per year Upheld under state and federal Constitution
Rhode Island No Illegal under State Supreme Court decision
South Carolina Yes No state authority
South Dakota Yes Weekly Upheld under state and federal Constitution
Tennessee Yes Once or twice a month Upheld under state and federal Constitution
Texas No Illegal under Texas’ interpretation of federal Constitution
Utah Yes About every other month Authorized by statute
Vermont Yes Weekly Upheld under state and federal Constitution
Virgin Islands Yes Monthly and during national mobilizations and local festivals and carnivals
Virginia Yes Weekly Upheld under state and federal Constitution
Washington No Illegal without authorizing statute per State Supreme Court (Seattle v. Mesiani; 1988)
West Virginia Yes Weekly Upheld under state and federal Constitution
Wisconsin No Prohibited by statute
Wyoming No Prohibited by interpretation of roadblock statute
Total States 38 + D.C., Northern Mariana Islands, Virgin Islands

If you have any questions as it relates to a DUII citation in the state or Oregon please reach out to Portland DUI Lawyer Andy Green today at 503-477-5040. He has years of experience defending those that have been given a DUII ticket in Oregon.

Note that each state has different laws and regulations when it comes to driving citations. Our friend David Azizi, a Los Angeles car accident attorney, explains that each county in southern California has a different level of “strictness” when it comes to both personal injury and criminal defense cases. If you want to know more about your county and live in the state or Oregon do not hesitate to contact Mr. Andy Green today.

Retaining a DUI Lawyer in Milwaukie, Oregon

Milwaukie, Oregon is a growing suburb right outside of Portland that spans Clackamas County and a small portion of Multnomah County. Founded on the shores of the Willamette River in 1847, Milwaukie is dubbed “the Dogwood city of the West” for its abundance of those flowering trees. Though a quieter town, it is currently experiencing a revival with the renovation and construction of houses, shops, and a brand new river walk.

The nightlife in Milwaukie is also flourishing, with six bars and pubs in the area (Jo’s Saloon, Wine:30 Bar Milwaukie, Duffy’s Irish Pub, Oak Grove Bar and Grill, and Ranch Tavern), not to mention entertainment and dining destination Arrivederci Wine and Jazz Bar. With growth comes an influx of people looking to get comfortable with their new surroundings, and sometimes, they can get a little too comfortable and start making poor decisions. One of those decisions could be to get behind the wheel after consuming alcohol.

A DUI (or, Driving Under the Influence) is a criminal offense involving the action of driving while intoxicated by drugs or alcohol. According to the Oregon Metro’s 2012 State of Safety report, driving while under the influence of intoxicants is the number one cause of fatal traffic collisions in the region. Clackamas County, which holds the majority of the city of Milwaukie, has the highest rate of DUII offenses of the three largest Oregonian counties (Washington, Multnomah, and Clackamas) with 3,572 total offenses in 2008, according to the DUII Data Book published by the Oregon Department of Transportation.

Those DUII numbers across the Metro area are, overall, on the decline, as are the number of DUII-related deaths. In 2007, there were 138 deaths in the state of Oregon as a result of a DUII. That number dropped to 56 in 2010 and slightly rose to 87 in 2011. Some people believe that this number could be eradicated altogether if Oregon reinstated DUI checkpoints.

Eradicated in 1987, Oregon is one of 12 states in the U.S. (joining Alaska, Idaho, Iowa, Michigan, Minnesota, Montana, Rhode Island, Texas, Washington, Wisconsin, and Wyoming) that has banned DUI checkpoints, despite the fact that these checkpoints consistently reduce the number of alcohol-related crashes by about 9%. Reinstating this practice would require an amendment to the state constitution of Oregon, a fight that Senator Rod Monroe (D) is leading the charge on with Senate Bill 13, a proposal he hopes to have on voter ballots by 2016 according to KGW.com.

Some believe that DUI checkpoints are a violation of personal rights and freedoms. Others, as previously mentioned, feel that reinstating this policy would be a deterrent to those considering drinking and driving, and ultimately a life saver for them and unsuspecting sober drivers out on the road. But a decision like this, as with the decision to drink and drive, would rest solely on the people if the bill made its way through the legislature. Communities and individuals should always be vigilant about safety on the roads, but what happens if you are the person who makes this mistake? Your first step is always to get in touch with a DUI defense attorney with extensive courtroom experience.

When you are looking for an attorney for your DUI case, you’ll want someone with experience in navigating this specific type of crime. A DUI lawyer will have knowledge of how the court system works, and of the plea deals and bargains that come with this type of case. If this is your second or third DUI, you will definitely want to seek legal representation. As far as finding the best lawyer for your needs, well, that will take some shopping around on your part. Do your research, meet with lawyers in your area for a (usually free) consultation, and don’t be afraid to ask questions about fees and costs associated with having that person representing you in court.

If you or someone you know has been charged with a DUII in the state of Oregon, contact Portland DUI/DUII lawyer Andy Green at 503-477-5040.

Finding a DUI Lawyer in Lake Oswego, Oregon

Lake Oswego, Oregon is a beautiful, sprawling city that spans three counties: Clackamas, Multnomah, and Washington, the last of which is home to the state’s largest city, Portland. An affluent Portland suburb, the Lake Oswego community is situated—you guessed it—around Oswego Lake, affording its residents a beautiful view of the Oregon scenery.

Beyond the beauty of the city, there are plenty of things to see and do, like the Lake Oswego Farmer’s Market, the Portland Temple Visitors’ Center, and the Willamette Shore Trolley. Locals and visitors alike share drinks and break bread at Pepper’s Lake Oswego or the Firehouse Pub, where there’s always a game to play. Unfortunately, not even the fun and serenity of the Pacific Northwest can stop Oregonians from making the terrible and sometimes fatal decision to drive while intoxicated.

DUI’s (or DWI’s, or DUII’s as they are known in Oregon) are a criminal offense involving the action of driving under the influence of drugs or alcohol. In most states, that means your BAC (or Blood Alcohol Content) is 0.08% of your bloodstream. According to the Oregon Metro’s 2012 State of Safety report, driving while under the influence of drugs and/or alcohol is the number one cause of fatal traffic collisions in the area.

Lake Oswego is steadily making improvements in its DUII arrest numbers, going from 204 arrests in 2004 to 121 in 2008, and though this is not the case in every Oregon city, DUII numbers across the Metro area are, overall, on the decline, as are the number of DUII-related deaths. In 2007, there were 138 deaths in the state of Oregon as a result of a DUII. That number dropped to 56 in 2010 and slightly rose to 87 in 2011. Some people believe that this number could be eradicated altogether if Oregon reinstated DUI checkpoints.

Remember that Oregon is just one of 12 states in the United States that has banned DUI checkpoints. There have been studies completed that show DUI checkpoints reduce the number of alcohol related crashes by around 9%. The only way DUI checkpoints could be reinstated would be to go through the court system. An amendment to the state constitution of Oregon would be required and Senator Rod Monroe (D) is leading that charge at the moment. On Senate Bill 13 he proposes a reinstatement of DUI checkpoints in his home state of Oregon. He hopes to have this on voter ballots in 2016 according to KGW.com.

There are some that believe DUI checkpoints are a violation of personal rights and freedoms. Others, including Rod Monroe (D), feel that reinstating this policy would be a deterrent to those considering drinking and driving, and ultimately a life saver for them and unsuspecting sober drivers out on the road.

A major legal decision like this, as with the decision to drink and drive, would rest solely on the people if the bill made its way through the legislature; the proposal would come up for vote during the next election which happens to also be a presidential election. Communities and individuals should be vigilant about safety on the roads, streets, highways and Interstates, but what happens if you are the one who gets pulled over for driving under the influence of intoxicants? Your first step is always to get in touch with a criminal defense lawyer specializing in DUI cases.

When you are searching for an attorney for your DUI case, you’ll want a legal professional with the experience and knowledge in navigating this specific type of crime. A Portland, Oregon DUII lawyer will have knowledge of how the court system works, as well as the plea deals and bargains that come with this type of case.

If this is your second or third DUI, you will definitely want to seek legal representation. When it comes to finding the best DUII lawyer in the Portland, Oregon area look no further than Mr. Andy Green. He has years of experience representing clients in the court of law and he knows the ins and outs of how the court system works.

If you or someone you know has been charged with a DUII in the state of Oregon, contact Portland DUI/DUII lawyer Andy Green at 503-477-5040.

What is an Assessment Fee for an Oregon DUI?

Make no mistake: Oregon wants to keep drunk drivers off of the road by any means necessary. Most people agree that the implementation of drunk driving laws is crucial to saving as many lives as possible. However, many of the same people will make the mistake of believing that they are sober enough to drive, and they’ll find themselves being arrested and facing stiff assessment fees (penalties).

How much should a driver expect to pay in fees, even if they’re being charged with their first DUI offense? Here’s a chart listing penalty fees, including a $40 assessment fee, that is due when drivers are charged with a DUI in the State of Oregon:

oregon-dui-assessment-fees

As anyone can see, there’s no financial let-up for drivers who are charged with their first DUI. The state is very serious about keeping intoxicated drivers off of the road, and authorities will cause financial pain to anyone who violates the law.

But, a driver might believe that there are reasons why they felt it was safe to get behind the wheel of their car. Below are common examples they’ll give to arresting officers:

“I’ve just left a wedding/anniversary/special family gathering!”

Most would believe that it’s unrealistic not to enjoy a cocktail at a family gathering, especially one that calls for celebration, and dancing. However, this isn’t an excuse that will hold up in court. The law expects anyone driving to possess a BAC (blood alcohol content) of less than 08.%.

“I just stopped for a beer after my driving shift!”

Commercial vehicle drivers are often under a lot of pressure to deliver their haul in a specified period of time. This means that they often drive long stretches of road without stopping, and their trips are often exhausting. It’s common for drivers to stop at a rest-stop and enjoy a beer (or hard liquor) in order to take the edge off after a long haul.

However, if the drivers are passing through Oregon, then they should know that they’ll be charged with DUI if their BAC level is over .04%, which is less than the legal limit for individual drivers.

“I only had one cocktail while out with friends/on a date!”

What goes better with a good meal than a good cocktail, and great friends? But, many people find that their fun night out on the town turns into a nightmare after they get pulled over by cops and blow a higher BAC than is legally allowed.

And, as many have found out the hard way, even one cocktail can elevate blood alcohol levels past the legal limit for driving, even though the driver might feel sober and coherent.

What Should Drivers Do In These Situations?

In many cases, drivers aren’t trying to cause any harm on the road. In most cases, the drivers aren’t irresponsible monsters, yet the law will treat them as such. Being charged with DUI comes with many personal and professional consequences, so it’s crucial to contact an attorney who is skilled in negotiating Oregon intoxicated driving laws. Contact Portland DUI Lawyer Andy Green at 503-477-5040.

Hiring a DUI Lawyer in Gresham, Oregon

Gresham, Oregon is a city located immediately east of downtown Portland, in Multnomah County. The fourth largest city in Oregon as of 2010, Gresham has quite the history, bearing the name of American Civil War general and eventual Postmaster General Walter Quinton Gresham. A quieter oasis outside the major hub of Portland, Gresham is now the ideal location for young professionals, growing families, immigrants and life-long Oregonians to reside. The jump from rural, farming community to diverse, urban offshoot is an exciting change for many. But for some people, too much excitement and new experiences can lead to a world of trouble in the form of a DUI.

A DUI (or, Driving Under the Influence) is a criminal offense involving the action of driving while intoxicated by drugs or alcohol. According to the Oregon Metro’s 2012 State of Safety report, driving while under the influence of intoxicants is the number one cause of fatal traffic collisions in the region. The great news for Gresham is that, in this report, East Multnomah county had the least number of fatal crashes in the Portland Metro area. Regardless, communities and individuals should still be vigilant about safety on the roads. But what happens if you are the person who makes such a serious mistake? Your first step is always to get in touch with a criminal defense lawyer specializing in DUI cases.

When you are looking for an attorney for your DUI case, you’ll want someone with experience in navigating this specific type of crime. A Portland DUI lawyer will have knowledge of how the court system works, and of the plea deals and bargains that come with this type of case. If this is your second or third DUI, you will definitely want to seek legal representation. As far as finding the best lawyer for your needs, well, that will take some shopping around on your part. Do your research, meet with lawyers in your area for a (usually free) consultation, and don’t be afraid to ask questions about fees and costs associated with having that person representing you in court.

If you or someone you know has been charged with a DUII in Gresham, or elsewhere in the state of Oregon, contact Portland DUI/DUII lawyer Andy Green at 1-503-477-5040.

What is a Unitary Assessment Fee for an Oregon DUII Charge?

While most drivers are concerned with the $1000 fine and the suspension of a drivers license it is important to remember there are other costs when it comes to a Portland, Oregon DUII. The unitary assessment fee is $95 and must be paid by anyone that is charged with a DUII in the state of Oregon. Other fees could include a $40 assessment fee, a $130 fee for an intoxicated driver program, a county assessment fee of $59 and a $90 diagnostic fee. Depending on which county you receive the DUII ticket you could have other fees to pay as well.

No matter how many times you have been charged and convicted with a DUII in the state of Oregon you are going to have to pay the $95 unitary assessment fee. If you are concerned about the loss of your license, the fees and possible jail time for a DUII in Oregon please contact me at 1-503-477-5040. I offer free consultation and will be willing to visit you while you are in jail. Having represented hundreds of individuals with a DUII ticket I have the knowledge and experience to help lessen your charge. Finding an experienced Portland DUII Lawyer is as easy as using the contact us form here.

Please note that the fees and costs mentioned above are for those that have been arrested for drunk driving or driving under the influence of intoxicants for the first time. The fines increase with each subsequent arrest. The second arrest increases the fine to a minimum of $1500 and the third arrest increases the minimum fine to $2000. Also remember that all DUII convictions must receive a mandatory alcohol evaluation to determine the extent of their alcohol problems.

If you are facing a first time DUII charge you may want to consider the Oregon DUII Diversion program. Completion of the program will result in the dismissal of your DUI charge. If you have any questions related to this particular program please access our resource here: Portland, Oregon DUI Diversion Program.