Winter 2017 Scholarship Winner

I would like to congratulate Gary Starks on winning the Persons in Recovery Scholarship. Gary is a student at the University of Louisville and is set to graduate this year. Really happy I could award Gary the scholarship, he’s an amazing success!

Our next scholarship will be awarded this summer. Please remember it only applies to PEOPLE IN RECOVERY FROM DRUG AND ALCOHOL ADDICTION. 

Scholarship Winner

I would like to congratulate Meredith Haberle of Franklin University in Ohio. She’s a Computer Science major and is set to graduate in 2018. She’s an amazing story, having now been in recovery for over 9 years. She’s also set to be the first person in her family to have a college degree. Way to go, Meredith!

If you didn’t win this time around, feel free to reapply when we re-up the scholarship. There will be changes this time around, so please check before reapplying. On that note, please fully read the requirements before applying. This scholarship was for people in recovery from drug and alcohol addiction, not anything else. Thanks for everyone who applied, there were some great essays!


Do I Have to Get an Ignition Interlock Device (IID) While on Diversion?

Yes, unless you meet one of the 2 recognized exemptions. The Oregon DUII Diversion Agreement requires everyone who enters diversion to have an interlock on any car they drive, while they have driving privileges, for the entire diversion period.

There are 2 recognized exemptions. The first is the medical condition. You’d have to have a medical condition, and the documentation to prove it, that would prevent you from using an interlock device. To sum it up, you’d need a doctor to attest to what condition you had, whether it was permanent, and whether it prevented you from blowing more than 5 pounds of pressure for 5 seconds or resulted in a ketone level that causes you to fail the test. On DUII Diversion cases, the judge would have the final say.

The other exemption is the employee owned vehicle exemption. If driving an employee owned vehicle, DMV has a form you and your employer fill out, and you must keep it with you any time your operating an employer owned vehicle with out and IID.

Unless you meet one of these exemptions, you will have to get an IID. Now there is a new law that will potentially allow for the removal of the IID after 6 months, but that will be covered later.

Can I get a Hardship Permit if My License is Suspended for DUI?

Most likely, the answer is yes. But first we need to determine what type of DUI suspension you’re dealing with. There are several suspensions one can get for a DUI in Oregon.

If this is your first DUI and you failed a breath test (blew a .08 or higher) then DMV will attempt to suspend your license for 90 days. For the sake of this post, we’re not gonna address the DMV or Implied Consent hearing where we have a chance to challenge that suspension. On these 90 day suspensions, you should be eligible for a hardship permit, but DMV has a 30 day waiting period for them. So that means that DMV will only issue the permit for the last 60 days of the suspension and you’ll have find alternate transportation for the first 30 days.

Now same situation, your first DUI, but you refused the breath test. DMV will suspend your license for 1 year, and in this situation, there’s a 90 day waiting period. So on the refusal suspensions, you will not be able to drive at all for the first 90 days of the suspension and until DMV approves your hardship permit application.

If you do Diversion and successfully complete it, there will be no additional suspension. Diversion does not have a suspension.

Let say after you do Diversion, you get another DUI (it happens). Then in addition to the DMV breath test and refusal suspensions, you’re also looking at a 1 year suspension imposed by the court if you are ultimately convicted. Now on these suspensions, there is no official waiting period, but you do have to have the convicting judge sign your hardship application. And most times, these judges want to see that your getting some stuff done before they will sign it. These waiting times vary from county to county.

The problem many people fall in to, is that if they fail a breath test or refuse a breath test within 5 years of a previous breath test failure or suspension, then you’re looking a DMV “enhanced” suspension. These are 1 year for a failure and 3 years for a refusal. THERE IS NO HARDSHIP FOR THESE SUSPENSIONS.

Some people get another DUI that will result in a 2nd conviction. If it is within 5 years of the last conviction, this will result in a 3 year suspension. You would be hardship eligible, but as this is a court suspension, the judge’s signature would be required, and DMV makes you jump through a few more hoops. If it’s outside the 5 year window, then it will just be a 1 year suspension.

Now if you get a 3rd lifetime conviction, then the court will revoke your license for life and there will be no hardship permit. You are eligible to petition the court in 10 years to have your license reinstated.

I think that covers them all.

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 – If a person is convicted with a 3rd DWI within ten years in the great state of Texas, the Division of Motor Vehicles will lead to an automatic 2-year suspension along with most likely jail time and a maxium fine of $10,000.  Information provided by Texas Bail Bond Company, Bail Bonds Network.

Utah – 2 years. If a person is convicted of a 3rd DUI within 10 years in Utah, the DMV revokes the licenses for a minimum of 2 years. They cannot petition for a restricted license. This information was provided by Utah DUI attorney, Dennis Pawelek.

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