Portland DUI Attorney
Criminal Defense Attorney, Portland, Oregon
DUI Defense Attorneys - Portland Oregon - Portland DUI Attorney
We have decades of combined experienced in criminal defense. Our attorneys have previously worked as prosecutors and the supervising attorney (Rob Harris) spent 10 years as a Municipal Court traffic Judge.
Arrested for DUI - DWI in Portland Oregon or any of the surrounding cities? Everyone makes mistakes, and if you do, you can depend on our qualified and experienced DUI criminal defense attorneys to provide professional, compassionate representation, while protecting your rights and using every tool at our disposal to ensure an outcome that minimizes the impact on you.
Driving under the influence (DUI), driving under the influence of intoxicants (DUII), driving while intoxicated (DWI), are all terms used in Oregon to describe drunk driving or driving under the influence of drugs. Trust a qualified Portland DUI attorney from Harris Law Firm - Call 503-648-4777.
Why Hire Us?
The Winning Edge - Second Look, Second Opinion
There are a lot of DUII lawyers in Oregon. Why hire us? We offer something that few lawyers can offer. Every week our criminal defense team of five lawyers meets to review police reports, plea offers, and to discuss trends and changes in the courthouse. You are guaranteed that your police report will be reviewed, and your plea offer and available defenses will be discussed, at our weekly team meetings.
Whether it's the newest court of appeals decision, new court policies that were recently imposed, a change in sentencing policy at the DA's office or even a new Judge on the trial rotation. Our team approach and regular meetings makes sure that we are aware of all factors that could affect your case.
Call 503-648-4777 now to get your case on our next team meeting schedule
Oregon DUI Law
Oregon DUI arrests (often called DUI or DWI) trigger two separate cases: (1) a criminal case, where significant punishment including jail time, fines, mandatory classes, required ignition interlock devices, and other consequences are sought; and (2) a DMV case, where the person's driver's license may be suspended from anywhere from 90 days, to three years. A qualified criminal defense attorney can minimize the impact on you and your family.
The Oregon DMV Case - Oregon DUI
Important DUI License Suspension Information: If you submitted to a breath test and the result was a .08 or above, or if you refused the breath test, the DMV will automatically suspend your driver license. To contest that DMV suspension, you must request a hearing with the Oregon DMV, in writing, within ten days of the arrest. Failure to do so will mean that DMV will suspend your license without a hearing. If you request a hearing, then the officer must appear at an administrative hearing, and provide evidence that there was reason to believe you were driving under the influence, and that the officer either performed the breath test accurately, or that you refused the test. A Portland DUI attorney from Harris Law Firm will confidently represent you at the DMV hearing and minimize the impact on your ability to drive in Oregon
For a first time offender, Diversion may be an option. Under Oregon state law, a person who has not been convicted of a DUI or participated in another Diversion type program within the last fifteen years, can apply for Diversion. Diversion requires you to plea guilty or no contest to the charge and agree to undergo alcohol assessment and treatment. There are also fees and costs. Diversion is not available if you've been in court ordered alcohol or drug treatment within the past fifteen years, if there was an injury accident associated with your DUII, or if you have a CDL (Commercial Drivers License). There are also many other discretionary factors a Judge may consider to disqualify a person from entering a Diversion program. Because you have to enter a guilty or no contest plea to enter Diversion, you should have and experienced DUI lawyer review the police reports and the DMV materials, including the breath test documentation, prior to entering the program.
The Criminal DUI Case
Oregon DUI/ DWI law does not require that you be drunk to be convicted of Oregon drunk driving. In Oregon, you may be convicted of DUI if you are merely affected to some perceptible degree by the intoxicant you have consumed. The test is whether you lack the clearness of mind and physical control that you normally possess because of the intoxicant you have consumed. Intoxicants include drugs, alcohol, or a combination of both. If you are in such a physical condition through the use of medication, drugs or even fatigue so that you become affected by a lesser amount of intoxicant than would normally affect you, you may still be found guilty of the charge of driving under the influence of intoxicants if your mental or physical faculties are affected to a noticeable degree. In any DUI, DWI, DUII case, if you had a Blood Alcohol Level (BAC) of .15% or above, you will be fined a minimum of $2,000.
Being convicted of Driving under the influence of intoxicants (DWI/DUI/DUII) has extremely serious consequences and penalties. If found guilty a first DUI, you could be fined a maximum of $6,250 up to $10,000, depending on the facts of your case. Your driver's license will be suspended for one year, and you will be required to submit to an alcohol evaluation at your own expense and to complete any treatment program recommended by the evaluator, and you could receive one year in the county jail. You will need a qualified DUI criminal defense attorney to represent you.
On a first DUI - DWI - DUII the court is most likely to order:
- 18 months to 24 months of probation;
- 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;
- That you obey all laws during the probation period;
- That you not drink alcohol or use or possess drugs;
- That you attend a Victims Impact Panel.
For a second DUI conviction the mandatory minimum fine will be $1,500.00, and the driver's license suspension may be elevated to 3 years.
A third DUI conviction is now a Felony in Oregon and you can face prison, not just local jail. 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. 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. A third DUI also includes a fine of at least $2,000.00, and your driver's license could be revoked for life. If you live in Portland, and were arrested for DUI (drunk driving) seek legal representation from a qualified Portland DUI attorney at Harris Law Firm - Call 503-648-4777 Today.
If you have four or five or more DUI arrests and convictions, you will most certainly be facing a prison term of at least 18 months, as well as the lifetime suspension and mandatory fines.
Obviously, the jail sentence imposed on a second or third DUI offense will be significantly greater than the sentence imposed on a first DUI offense. And if you have a prior diversion on your record you will likely receive more than the minimum. The only way to keep from going to jail or being incarcerated is to fight your DUI case and win.
Oregon DUI cases may not be plea-bargained to lesser charges. While plea deals of this type are common in some states, in Oregon this practice is prohibited by state law.
Harris Law Practice Areas
Accident & Injury
Portland DUI Attorney
Employment Law Attorney