DUI / DUII / DWI
DEFENSE LAWYER
Driving Under the Influence of Intoxicants (called a DUII in Oregon, but also commonly referred to as DUI or DWI) is a criminal charge that almost anyone may face. If you drink and own a car, it is possible that you may be pulled over and charged with drunk driving. At the law firm of Andy Green, Attorney at Law, I understand that criminal charges are serious. A conviction can affect your reputation, your employment, and even your housing. Furthermore, it can also result in substantial fines and jail time.
I am DUI defense attorney Andy Green, dedicated to providing an aggressive and thorough defense to individuals who have been arrested and charged for DUII and drunk driving. The best defense against a drunk driving charge starts with a criminal defense attorney experienced with DUIs and who is familiar with the prosecutor’s legal strategies. Most importantly, has a reputation for overcoming them.
Skilled Defense Representation in All Drunk Driving Cases
You can rely on my experience and skill to help protect your rights in all aspects surrounding your drunk driving arrest, including cases involving:
- Field sobriety tests
- Breathalyzer tests
- DUII/DUI license suspension
- Multiple DUII/DUI charges
- Underage DUII/DUI charges
- Drug-related DUII/DUI
- Reckless endangering of another person
- Reckless driving
- DUI Assault Charges
- DUI DIVERSION
- Felony DUI Charges
Whether this is your first offense or you have past convictions, I am ready to provide you with the criminal defense you need. I make myself available to answer your questions while I put together a game plan to put in the best position to fight your charges.
Penalties for a FIRST Time DUI/DUII Conviction in Oregon?
In Oregon, the first time you are arrested and charged with a DUI is not the same as a 1st DUI conviction. Depending on the circumstances, usually a first time DUI is eligible for DUI Diversion. Upon successful completion of the program, the charges will be dismissed.
Unfortunately, many people who have successfully completed DUI diversion in the past find themselves arrested for a 2nd DUI. In this case, the individual, if found guilty, would be charged with a 1st DUI conviction. Understanding this premise, here are the DUI/DUII consequences in Oregon.
On a first DUI /DUII the court is most likely to order at a minimum:
- 18 months to 36 months of probation;
- One Year’s Drivers license Suspension
- At least 48 hours in jail or at least 80 hours of community service;
- Court costs and various fees and assessments totaling about $400;
- A mandatory minimum fine of $1,000; if BAC was higher than .15, minimum fine jumps to $2000.
- Installation of an interlock ignition device for one year after license suspension.
- Drug and Alcohol Evaluation and Treatment Program which prohibits you from consuming alcohol or drugs.
- You Must Participate in a Victims Impact Panel.
Second DUI Conviction
The mandatory minimum fine will be $1,500.00, and the driver’s license suspension may be elevated to 3 years. Installation of interlock ignition device for 2 years after suspension ends. Furthermore, the probation term will be longer, the rules of probation will be stricter, and jail time will increase significantly. The jail time will depend on which court you are in. Therefore, it’s critical to hire an attorney who has had experience successfully defending DUI cases where the incident occurred.
Third DUI conviction
A third DUI conviction could be a felony in Oregon and the maximum time on a Class C Felony is 5 years in prison. But the standard sentencing range will be based on your record. In any event, it will be at least 90 days in jail and could be 13-14 months in prison. It could even be more if you have other non-DUI felonies on your record. You need to talk to an attorney who knows DUI sentencing guidelines in order to get a fair estimate of what sentence could be imposed in your case. Consequently, a third DUI includes a fine of at least $2,000.00, and your driver’s license will be revoked for life.
More than Three DUI convictions
If you have four or five or more DUI arrests and convictions, you will most certainly be facing a prison term, as well as the lifetime suspension of your driver’s license and mandatory fines.
The Biggest Mistake to Make After A DUII Arrest
The biggest mistake most people make after being arrested and charged with drunk driving is not seeking the advice of a qualified attorney. DUII/DUI penalties are severe and can follow you for the rest of your life. I understand common DUI issues and how to best attack them in court.
If this is your first offense, you may be eligible for a DUII/DUI diversion program. If it is a subsequent offense, I will work hard to defend your case and determine the best possible way forward. However, it is of the utmost importance that you speak with me before saying anything to the police or the prosecution.
Contact Andy Green for Help Fighting Drunk Driving Charges and Penalties
To discuss your case with an experienced DUI defense lawyer, contact me online, or call my law firm to schedule a free initial consultation. From my office in downtown Portland, I successfully represent clients in the Multnomah, Washington, Clackamas Counties throughout Oregon.
What’s the Difference between a DUI and a DUII in Oregon?
DUI is often the acronym for driving under the influence, but in the state of Oregon, it is referred to as Driving Under the Influence of Intoxicants (DUII) and includes those who are driving while impaired by alcohol, controlled substances, or both.
It is illegal to drive while impaired or with a blood alcohol concentration (BAC) of .08% or higher in the state of Oregon. To determine this, the arresting officer may have administered a breathalyzer test at the scene of the arrest.
In Oregon, there is currently no way to measure or determine the level of drugs in an individual driver which leaves the determination of intoxication to the observation of the police officer. However, if the arresting officer suspected that the driver was driving while on drugs, he may have requested and obtained a urine sample or a blood draw. This is why an attorney with experience in handling cases of driving under the influence of intoxicants is so vital.
How can an attorney fight my DUI Charges?
Just because you are charged with a DUI does not mean you are guilty of a DUI. As your DUI Lawyer, I will do an independent investigation into the events surrounding your arrest, including:
- The circumstances surrounding your stop or arrest, whether any Constitutional rights were violated
- The Probable Cause of the Arresting Police Officer
- Evaluating Breathalyzer and Field Sobriety Tests
- The evidence submitted by the prosecution
- Whether the charges can be proven without a reasonable doubt
As an accomplished DUI attorney, I immediately begin challenging the consequences associated with your case, including:
Mandatory License Suspension
Your driving privileges have the potential of being suspended not only by the court system but also by the Department of Motor Vehicles (DMV). Your license will be suspended by the Oregon Department of Motor Vehicles on the 30th day after your arrest. In the meantime, I will file a notice and challenge that suspension. The Oregon Implied Consent Law allows the DMV to deny your motion to file if it is not received before the ten-day deadline. Timing is of the essence you will need to act quickly to retain an attorney who can preserve your right to a hearing.
DUI Diversion Petition Deadline
If this is your first DUI arrest in Oregon you may be eligible for the DUI Diversion Program. Within 30 days of your first court appearance, I will supply the informative details to consider the Oregon DUI Diversion Program. Beforehand, I will evaluate your complete case before establishing whether the Diversion Program is right for you. If it is not, we will fight for a victory on your behalf inside the courtroom.
Suspension Hearing
I understand that preserving your right to drive is of the utmost importance to your livelihood. I will challenge your license suspension immediately, and use the evidence obtained at the DMV suspension hearing to build the foundation for a strong defense for the upcoming criminal case.
Kara H.
2016-10-29 13:31:39
I found Andy Green through recommendations from friends who are attorneys, so I had a feeling he'd be good. And he completely exceeded my...
Ronald E.
2016-03-16 22:32:09
My experience with Andy as guide, legal counselor, was everything I could have hoped for. He is professional, easy to talk to, listens with intent and care....
Matthew L.
2015-09-27 22:46:20
Andy is both professional and extremely knowledgable in his field. I have no doubt in my mind he truly listens and understands my concerns no matter how...