You Received a DUI — Now What?

So, you’re feeling completely overwhelmed-you’ve been arrested for a DUII (driving under the influence of intoxicants—these include alcohol, drugs, or a combination of both), commonly referred to as a DUI or DWI. No matter if this is your first or hundredth time, you will probably be dealing with a wide range of emotions and questions. Not of least of these is probably: What happens now?

Thankfully, you don’t have to go through this process alone. Andy Green, attorney at law, P.C., has years of experience representing people facing DUII charges in Portland Oregon. Call 1-503-477-5040 to set up an appointment today.

In addition to contacting a good lawyer that can represent and help guide you through the process, there are a few other things to keep in mind when arrested for a DUII. Keep in mind that if this is a repeat offense, it is likely that penalties and criminal charges will be more severe than if this is your first DUII.

Here is some of the most important information to keep in mind when dealing with a DUII charge in Oregon.  


  1. If you are arrested for an alcohol content of .08% or more—even if you are not later convicted—you will face some administrative penalties. These could include at least a 90-day license suspension. If you refuse to take a chemical test (blood, breath, or urine) then you could face a license suspension of up to three years. You can receive a hardship or emergency permit. See our earlier blog post about who qualifies for these special permits and how to obtain one.
  2. Unlike other criminal charges, a DUII comes with mandatory fees. In Oregon you will likely need to pay at least $1000, but you could be charged up to $10,000.
  3. Criminal charges and a court summons will be issued to you upon our release from jail following your initial arrest. It is imperative that you attend your court date. At your first hearing, or arraignment, you can offer a plea of innocent or guilty. You will want to have hired a good attorney, as they can advise you the of the best plea to make in your specific case.
  4. If convicted of the DUII there are a number of consequences that you will face. These will vary in severity depending on the number of offenses you have, if a child under 18 or a person younger than the driver by three years or more was in the vehicle, and your blood-alcohol content level (BAC).
  • Your license will be suspended for at least one year or could be revoked permanently.
  • You could have to pay a conviction fee on top of fines already imposed.
  • You will need to serve 2 days to five years in jail or at least 80 hours of community service.
  • Your participation in drug and alcohol treatment and the Victim’s Impact Panel will be mandatory.
  • You will need to install an ignition interlock device for one to two years after your license is reinstated.


Getting a DUII can cause a lot of stress and anxiety in your life. As mentioned above, the best thing you can do to help yourself is to hire a good defense attorney. For those of you dealing with DUII charges in Portland, Oregon, Andy Green is a good person to have on your side. Call 1-503-477-5040 to ask questions about your DUII charge or set up a meeting.

Can a DUI Lawyer Go to My First Portland, Oregon Court Appearance?

If you have a conflict that will not allow you to go to your first DUI court appearance there is a possibility you can hire or retain the services of a DUI lawyer to make an appearance for you. The lawyer must tell you that he or she can appear on your behalf.

The general rule is if you fail to appear for court you forfeit your right to do diversion and a warrant will be issued for your arrest.   You may also be charged with the crime of failure to appear.

There is an exception; in some Oregon courts if you hire an attorney prior to your first appearance and the attorney can appear on your behalf.  Some of these counties include Multnomah County; Clackamas County and Washington County. If you have any questions about appearing in court after a DUI contact Andy Green today at 503-477-5040.

An important piece of information is you must always appear in court on felony DUI charges or any felony charges in general. Failure to appear (FTA) can cause many legal problems. Upon missing a court date a second crime can be charged. It can be a failure to appear in the second degree or failure to appear in the first degree. The court will issue a warrant for your arrest which is known as a bench warrant. We strongly suggest you talk to a lawyer before missing any court date. This could end up saving you a significant amount of jail time and money in the near future.

Having worked with the Multnomah County District Attorneys Office Mr. Andy Green knows the intricacies of the Oregon Court System. Rather than missing your first court appearance and having a warrant out for your arrest it is wise to contact one of the best Portland DUI lawyers today. He can help explain all of your options before your first court date.

What is DISP for DUI in Multnomah County?

DISP is a DUI Intensive Supervision Program offered only in Multnomah County, Oregon for repeat DUII offenders. Though similar to a DUI Diversion program, DISP is not intended for those with a first or second-time DUII offense. In fact, it is geared towards helping those with multiple offenses, people who have felony charges related to the amount of DUI’s they have accumulated and who clearly have issues with substance abuse. Therefore, DISP is really an alcohol reform program for those people, which often allows them to avoid any further jail time.

When a person enters Multnomah County’s DISP, they are signing away their right to drink alcohol for a term of three years. They cannot be in the presence of alcohol socially or privately; so, for example, they cannot hang out at bars or have any alcohol in their home. A person who enters into the DISP also forfeits their right to driving a car for the duration of the program. The program also requires that participants visit with their parole officers frequently to monitor their progress, so it is not only then a commitment for the person with the record, but family and friends as well.

Many times, because of the strict requirements of DISP, people are unable to meet all of the expectations placed upon them and end up serving part of what could end up being a year-long jail sentence because of just one slip-up. It is a difficult program, but those who complete it not only avoid a year in prison, but also gain control of their life and their addiction. It is a very special program (Clackamas County is the only other that runs something even close to DISP) that, with the help of a lawyer, could help a person with multiple DUII offenses in the Portland area really turn their life around.
If you are looking for an experienced and well-respected lawyer to represent your Portland Metro Area DUII case, look no further than Andy Green at (503)471-1385

DUI Intensive Supervision Program (DISP) vs DUI Diversion in Oregon

The DUI Intensive Supervision Program (DISP) is a diversion type program in Multnomah County. The big difference is DISP is for repeat offenders while the DUI Diversion program is for first time offenders. The DISP is also a much more strict program because it was created for repeat offenders. To enter DISP an individual must sign away their right to drink alcohol for three years. There can be no alcohol in one’s house and a vehicle cannot be owned. Once entered, a DISP participant must report to a case manager and cannot “hang out” at bars or places in which alcohol is exclusively served. Lastly, one must enter a course of treatment to maintain sobriety during the three year period.

The DISP is very intense but it is worth it to anyone that does not want to go through jail time. The DUI felony charges that would normally have them in jail for significant periods of time can be reduced if the person is willing to sign up for the DUI Intensive Supervision Program. This program was created for those that have several DUI convictions. If you have received your first DUI we strongly suggest contacting Mr. Andy Green to discuss the DUI Diversion program.

If you have any questions about legal representation after a DUI in Portland, Oregon or anywhere in Multnomah County contact Andy Green today at 503-477-5040. He has experience throughout Oregon as he has worked in the legal industry for over five years. If you want an experienced and caring Portland DUI attorney call him today.

Can I Get a Hardship Permit After a DUI in Portland, Oregon?

There are many situations in which an individual has a license suspended or revoked but they need to be able to drive to conduct a normal adult life. Driving to and from work and providing transportation to loved ones is often an afterthought for most but it becomes at the forefront of concerns when one does not possess an Oregon Driver’s License. In the state of Oregon there are hardship permits available to those who need to drive for:

  • Occupational and employment (job) purposes;
  • Occupational (job) training or education that is required by one’s employer;
  • Transportation to and from an alcohol or drug treatment or rehabilitation program;
  • To look for work (for up to 120 days);
  • To obtain medical treatment on a regular basis for oneself or a member of the immediate family.

The Oregon DMV “amended OAR 735-064-0060 to allow a person whose driving privileges are suspended under ORS 809.260 to choose to apply for either a hardship permit or an emergency permit, but not both. The person can choose to apply for the permit that grants the privileges most needed.”

Also of note, the Oregon DMV “amended OAR 735-064-0060 to allow a person with a probationary permit to drive to obtain medical treatment on a regular basis for the person or a member of the person’s immediate family. Such driving was previously allowed only for a hardship permit.”

Getting a hardship permit could require a wait time. For your first Oregon DUI conviction there is no wait to apply for a hardship permit. A judge’s signature is required for a hardship permit for any first offense DUII conviction. A second conviction requires a 90 day waiting period. If you have been convicted three or more times we suggest you call Portland DUI lawyer Andy Green so he can explain the options in better details.

If you have any questions as it relates to getting a hardship permit after receiving a DUII in Portland, Oregon contact Andy Green at 1-503-477-5040. He has years of experience assisting those that are in need of legal representation after receiving a DUI citation.

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 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
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

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

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.