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Robert Crow Law Blog

What is Oregon Measure 11?

Measure 11—a referendum that was passed by Oregon voters in 1994—imposes mandatory minimum prison sentences on perpetrators of violent crimes. The law all but guarantees long sentences for certain violent offenses and limits the discretion of the court. If a criminal charge is made under Measure 11, the judge has no choice but to impose […]

Ignition Interlock Device (IID) Cameras

A few years ago the Oregon legislature decided to require all individuals participating in DUII diversion to have ignition interlock devices installed in a vehicle they operate while in diversion. An ignition interlock device, also commonly known as a blow and go or IID, is a device attached to the vehicle that requires the operator […]

Pot is legal! Now What? Legalization of Marijuana in Oregon

In November of 2014, the People of Oregon passed Measure 91, which resulted in the legalization of marijuana use in Oregon. The legalization of recreational marijuana went in to affect July 1, 2015. While marijuana use and possession now is legal in Oregon, it is not completely legal. Marijuana possession and use now is treated […]

Relief from sex offender registration?

A major concern for clients convicted of “sex crimes” is the requirement that they register as sex offenders. Oregon law requires a person convicted of certain crimes to register as a sex offender. Failing to report, as required by law, is a Class C Felony and carries a maximum sentence of 5 years of prison and/or […]

I blew and the intoxilyzer machine gave two different breath test results

Oregon uses the Intoxilyzer 8000 to approximate a person’s breath alcohol content (BAC). In conducting the test, the officer will take two breath test samples from you. The samples should be taken 3 minutes apart. The lower number is accepted and is truncated to 2 digits. Sometimes the samples are not exactly in agreement. Oregon […]

What is the Intoxilyzer 8000 (Breathalyzer)

The Intoxilyzer 8000 is the instrument law enforcement uses, in Oregon, to estimate the blood alcohol content (BAC) of suspected DUI drivers. The Intoxilyzer 8000 requires a person to blow into a tube connected to the machine in order for the machine to approximate the blood alcohol content of the individual. The machine assumes a […]

Convicted of a DUI, how do I get my license back?

A DUI conviction in Oregon carries with it a mandatory license suspension. The length of the suspension varies based upon how many prior convictions a person has. Once the suspension period has expired, there are several more requirements that must be met in order to get your license fully reinstated. In order to get your […]

A typical day, well Friday, in the life of a criminal defense attorney…

While some people might not buy my assertion, I am aware that my profession is not necessarily the most entertaining job out there. I’m sure it probably doesn’t help to dispel the myth when I’m often asked, “tell me about your newest case” or “what’s new and exciting in the criminal defense world” and then […]

Oregon Expungement Guide

In Oregon, certain crimes are eligible to be expunged, or set aside. Once an arrest or conviction has been expunged, it is as if the arrest/conviction never occurred. In essence, it creates a judicially authorized lie. As a practical matter, this can have a very serious impact. Many applications for jobs and housing ask questions […]

The officer threatened to take my license if I didn’t blow and give a BAC percent

In Oregon, we have an implied consent law that states you implicitly consent, so whether you know you do or not, to provide a breath, blood, or urine sample if requested by an officer. There are consequences if you do not. If you refuse, the license suspension imposed will be longer than the suspension that would […]

DUI arrest dash cam videotape evidence is lost

Many police cars are equipped with dash cameras. These cameras can be valuable tools at trial in providing evidence of a suspect’s impairment and performance on field sobriety tests (FSTs). Unfortunately, these cameras are not infallible and sometimes malfunction. There also are times when the camera is not even operable or video is lost. What does it […]

Does a Keychain Alcohol Detector Create a False Sense of Security?

Keychain, or hand-held, breathalyzers are becoming more and more popular. It’s especially true around the Christmas season with people looking for stocking stuffers, small gifts, and white elephant presents. Companies like BACtrack are advertising keychain breathalyzers as great gifts, quick, accurate, and easy to carry around. The question is…how accurate are these machines and how helpful are they […]

What is my sentence going to be for a felony conviction?

Oregon Revised Statutes 161.605 established the maximum possible sentence for felony crimes. The Oregon Legislature also created the Oregon Criminal Justice Commission which established a sentencing guidelines grid. This grid takes in to account the “Crime Seriousness Ranking” with the offenders “Criminal History” to calculate the presumptive sentence.  The “Criminal History” goes from “A” being the […]

I haven’t paid all of my fees, will they kick me out of diversion?

The Oregon Vehicle Code (ORS 813.200) created a program called Diversion that allows first time DUI offenders (or those who have not completed an alcohol or drug diversion program to avoid a conviction within the last 15 years), who also satisfy certain other eligibility requirements for diversion. In order to successfully complete the diversion program, […]

What are “circumstances manifesting extreme indifference to the value of human life?”

The phrase “circumstances manifesting extreme indifference to the value of human life” finds itself in many of our Oregon criminal statutes. For example, a finding of someone acting in such a way that constitutes “extreme indifference to the value of human life” can be the difference in Manslaughter in the First Degree, or Man 1, […]

Why did I get charged with Assault 3 when the person only suffered bruises?

Assault 3 (ORS 163.165) is a felony level assault crime. There are several ways one can be charged with Assault 3. Assault 3 can arise from: 1. Recklessly causing serious physical injury to another person while using a deadly or dangerous weapon; 2. Recklessly causing serious physical injury to another under circumstances manifesting extreme indifference to […]

The police got my bank records without my permission

Bank records, such as checking accounts, savings account, where and what purchases you make, and ledger balances are considered personal and private and are subject to the search and seizure requirements under the 4th Amendment to the US Constitution and Article 1, Section 9 of the Oregon Constitution. The police may get such records through […]

How do I expunge my conviction for violating a restraining order?

Violation of a restraining order, under the Family Abuse Prevention Act (ORS 107.718), actually is not a crime. Violation of a restraining order is contempt of court. This is important because violating a restraining order is not a criminal conviction, but rather a finding of contempt of court. In a contempt of court sanction (ORS 33.105) proceeding, […]

How much pot can I legally possess?

Pot (also known as marijuana or cannabis) is illegal under federal law and it is a federal crime to possess, use or deliver (sell) marijuana. However, the federal government rarely gets involved unless the transfer and possession of marijuana travels across state lines or it is a substantial amount of pot. Pot in Oregon A […]

What is an Implied Consent Hearing?

In Oregon we have what’s called an Implied Consent Law. The Implied Consent law states that when you drive a vehicle in Oregon you implicitly consent to a breath, blood, or urine test if requested by an officer. If you provide a breath test sample and the result is .08 or greater, there is an […]

Do I have to get the ignition interlock device installed?

In 2011, in House Bill 3075, the Oregon legislature passed a bill amending ORS 813.602 and ORS 813.606, requiring an Ignition Interlock Device (IID) be installed in any vehicle driven by a person participating in the DUII diversion program. Previously these provisions dealt only with DUI convictions and allowed for exceptions to the requirement of an IID […]

Can the police force me to give a DNA sample?

DNA testing is being used more and more in the legal system as the technology becomes better and more accepted. It is widely accepted that DNA comparison is the most accurate evidence available and is being used with the assumption of near certainty. In fact, many Innocence Projects around the country are using DNA testing […]

Can I expunge my three year old conviction?

Expunging, or setting aside, a conviction in essence is clearing the conviction, and record of arrest, completely off your record. However, there are hurdles and statutes that must be satisfied in order to be eligible. Firstly, the crime must be one which is eligible for expungement. No traffic offenses, such as DUIs or reckless driving, […]

What is my sentence going to be for a felony?

The Oregon Criminal Code establishes the maximum sentence you may receive on a felony charge (ORS 161.605). CLASS MAXIMUM SENTENCE A 20 YEARS B 10 YEARS C 5 YEARS However, the Oregon Legislature created the Oregon Criminal Justice Commission and tasked it with creating guidelines for felony sentences. The Criminal Justice Commission developed a scheme in […]

A DUI with a BAC of 0.05 instead of 0.08?

Currently, the threshold for a conviction of DUI in Oregon is impairment to a perceptible degree or a BAC (Blood Alcohol Content) of 0.08 percent or more by weight of alcohol in the blood. Thus, it is possible to be convicted of a DUI merely because your BAC is 0.08 or higher, even if you […]

I got a DUI, but wasn’t drunk, I didn’t drink anything

In Oregon, we have the crime of Driving Under the Influence of Intoxicants (DUII). An intoxicants can be alcohol (the most commonly thought of DUII) or a controlled substance. A controlled substance, in Oregon, is defined as a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of the […]

I got arrested for a DUI, but didn’t fail the field sobriety tests, but did fail the breath test. What now?

Oregon has laws dealing with DUI arrests and field sobriety tests and whether you are required to submit to them. While you can refuse to perform FSTs, a refusal to do them can be used against you in court. In essence, a prosecutor could bring up your refusal to try to indicate knowledge of guilt. […]

Forced Blood Draw in DUI Cases

Compulsory Blood Draws and Warrants Under the 4th Amendment to the US Constitution and Article I, Section 9 of the Oregon Constitution, a person has a right against unreasonable searches and/or seizures. Generally, a warrant, based upon probable cause, is required for an officer to compel a person to allow a search or seizure. Unfortunately, […]

Automobile Stops and Dog Sniff Searches

AUTOMOBILE STOP AND DOG SNIFF A favorite tool of the police in stopping and searching cars is a drug sniffing dog. Drug sniffing dogs are trained to detect certain narcotics (commonly methamphetamine, marijuana, cocaine, heroin, and ecstasy). It is not uncommon for a cop to stop a vehicle and then ask for permission to search […]

The Five Best Ways to Help Your DUI Lawyer Succeed

Expert Advice from a Portland DUI Lawyer If you have been arrested for a DUI, you’ll need legal representation to help you fight the conviction. Hiring a DUI lawyer to represent you while in custody and in court can help ensure that your rights aren’t violated. However, certain mistakes can make it harder for your […]

What is the difference between the different sex crimes under Oregon law?

Under Oregon law, there are several different crimes categorized as “sex crimes” that sometimes causes confusion. There are several other factors, or elements, that are required to rise to the level of the commission of one of the degrees of rape, sodomy, unlawful sexual penetration, or sexual abuse. However, it is the act itself that […]

What is Oregon’s Jessica’s Law?

Jessica’s Law is the term given to a law requiring mandatory minimum sentences for certain sex crimes that was named after a child victim in Florida. On April 24, 2006, Oregon’s governor signed Oregon’s version of Florida’s Jessica’s Law. The law still is known informally as Jessica’s Law in Oregon. Under Oregon’s Jessica’s Law, a […]

I have a DUI in another state how will it affect me if I’m arrested for an Oregon DUII

When you are charged and if you are convicted of a DUI in Oregon, arrests and convictions in other states can affect the consequences here in Oregon. Not all states call DUI the same thing, there are DUIs, DUIIs, DWIs, etc. However, the state of Oregon will look at the elements of the crime of […]

The court alleges I violated a term of diversion. What will happen now?

When you enter a plea of no contest or guilty to enter in to the driving under the influence of intoxicants (DUII) diversion program, you are required to sign a form agreeing to satisfy specific terms of diversion. The law states the court (judge) or prosecutor may issue an order requiring you to appear in […]

I blew in to the breathalyzer, but it gave two different results

When you provide a breath test sample in Oregon, the officer conducting the test is supposed to have you provide two samples. These two samples should be provided within a few minutes of each other. The Oregon Administrative Rules establish that the two samples must be within plus or minus ten percent of their mean […]

Can I do alcohol or drug treatment instead of jail for a DUI?

Oregon law (ORS 813.020) gives a sentencing judge some leeway in imposing a sentence for a person convicted of driving under the influence of intoxicants (DUI or DUII). The law requires the judge to impose a designated fine (the amount of the fine varies depending on the defendant’s prior record regarding DUI convictions). The judge […]

I blew under a .08, how can I be charged with a DUI?

The legal limit for blood alcohol content (BAC) in Oregon is .08 percent by weight of alcohol in the blood. Thus, a BAC of .08 or higher, at the time of driving, would make you guilty of a DUI. This is true whether you felt “impaired” or not… a .08 is a .08 and that’s […]

When will my DUI conviction fall of my record?

A common question amongst individuals charged with a DUI, convicted of a DUI or participating in the DUI diversion program, is, can I expunge my DUI. Expunging a conviction means setting it aside so that it appears you never had a conviction. People often think of this in terms of “falling off my record.” Let’s […]

For how long will I have to have an ignition interlock device (IID) installed in my car?

OFFENSE LENGTH OF TIME REQUIRED FOR IID 1st DUI Offense, participating in diversion The Ignition Interlock Device must be installed for the duration of the diversion program (1 year) 1st DUI Conviction For 1 year after the ending date of the suspension or revocation caused by the conviction 2nd, or subsequent, DUI Conviction For 2 […]

What is the ignition interlock device, how does it work, and what will it cost me?

As of January 1, 2012, all Oregon drivers participating in the DUI Diversion program must get an ignition interlock device installed in any vehicle they drive (there are a few circumstances in which this requirement may be waived). The interlock device (sometimes known as “blow and go”) requires a driver to blow into the ignition […]

Important DUII update with 2012

An important change involving DUII cases will start being implemented with the beginning of the new year. Criminal defendants entering into the DUI Diversion program (for first time offenders, or first offense in 15 years, and meet certain requirements) now will be required to have an ignition interlock device (IID) installed in their vehicles. Previously […]

Why did I get charged with Felony Assault 3 when I punched a guy?

Assault (the act of causing physical injury to another person) has 4 different classifications. Assault 4 is the lowest classification and is an A Misdemeanor. This is an assault that occurs when a person intentionally, knowingly, or recklessly causes physical injury to another; or, with criminal negligence causes physical injury to another by means of […]

What is a concurrent and what is a consecutive sentence? What’s the difference?

An issue that often arises, when there are multiple convictions, is do sentences run concurrently (together) and consecutively (back to back). It is not hard to see how this can become a huge issue. Imagine a case in which a person is convicted of 5 crimes, each of which carries a sentence of 13 months […]

Can I test my own UA?

As has been previously discussed, Oregon has an implied consent law which states, when you operate a vehicle in the state of Oregon, you implicitly consent to a blood, breath, or urine test if asked to provide one by an officer. Blood and urine samples must be maintained by the police department because, by Oregon […]

I was not read my Miranda rights. Can I get my case dismissed?

Being read your Miranda rights, or right to remain silent, is implicated at the time you are “under arrest.” There often is much confusion as to what “under arrest” means. You are under arrest at the time you are in custody and a reasonable person would not feel free to leave. At the point you […]

I got a DUI, is it a felony?

First time DUIs are misdemeanors in Oregon. A DUI becomes a felony if the new offense occurs within 10 years of at least 2 prior DUI convictions. This is a change to the law, established by Ballot Measure 73.  Previously a DUI became a felony only if it the current incident occurred within 10 years […]

I was arrested for a DUI, what do I do next?

I’ve addressed this a bit in prior posts, but let’s lay it out here. It somewhat depends on the county. In some places, your arraignment (the court appearance where the district attorney decides whether to charge you with a crime) will occur in the next few days after arrest. This obviously will be the most […]

I got a DUI but need to drive. Is there any way to keep my license?

Unfortunately, the law requires a license suspension when a person is convicted of a DUI. The length of the suspension is mandatory and the judge has no discretion. However, you might be eligible for a hardship permit that would allow you to drive during certain times and for specific purposes (for example, driving to work, […]

Do I have to give a breath test?

A common question is: do I have to provide a breath test sample if asked by a cop? Oregon has an implied consent law which establishes when you drive in Oregon, you implicitly consent to a breath, blood, or urine test if asked by an officer. While you may of course refuse to submit to […]

How much time am I facing?

Oft asked questions in criminal cases are, “how much time in jail am I facing” and “what kind of fine am I facing.” These both are very good, and reasonable, questions. CRIMINAL CHARGE CLASS MAXIMUM JAIL/PRISON MAXIMUM FINE CLASS A FELONY 20 years of prison $375,000 CLASS B FELONY 10 years of prison $250,000 CLASS […]

What is the SCRAM device?

Sometimes when people are arrested they are put on electronic monitoring. Also, with some DUII convictions, a tracking device is ordered. For example, in Multnomah County’s DISP (DUII Intensive Supervision Program) offenders are required to wear a SCRAM device. The SCRAM device, which stands for Secure Continuous Remote Alcohol Monitoring, is one option that confirms […]

I was convicted of statutory rape. Do I have to register as a sex offender?

Oregon, like most states, has a sex offender registration requirement. Oregon law requires people convicted of sex crimes to register as a sex offender. However, certain offenders are eligible for relief from registration or from the requirement to register at all. If the conviction is for Rape in the Third Degree and the offender meets […]

Can I drink while in diversion?

It used to be that you could consume intoxicants, while in diversion, as long as you did not use such intoxicants in conjunction with the operation of a motor vehicle. However, the Oregon legislature changed the statute on diversion in June 2011. As of June 23, 2011, anyone entering in to the diversion program must […]

What should I do if there is a roadblock sobriety checkpoint?

Ok, this is somewhat of a trick question. Most of us are familiar with, or have at least heard of, roadblocks where police will be stopping vehicles to do sobriety checks. While many jurisdictions allow such stops, Oregon does not. The Oregon Supreme Court expressly has stated Article 1, Section 9 of the Oregon Constitution […]

I was convicted of a DUII. How long will my license be suspended?

The license suspension associated with a conviction for DUII varies depending on your history of DUII convictions. The chart below lays out the different suspension lengths based on DUII history. DUII Convication Length of Suspension/Revocation Hardship Permit Wait Period*** 1st Offense 1 Year O Days 2nd Offense* 3 Years 90 Days 3rd Offense Lifetime Revocation** […]

I refused a breath test, but did not get charged with a DUII, will my license still be suspended?

It is important to remember that the DMV can, and will, suspend your license two different ways in DUII cases. Obviously, there is the court suspension when you are convicted of a DUII. This suspension is completely separate from any suspension related to a suspension for failing or refusing a breath test. Thus, the DMV […]

Can I expunge my DUII? How about my DUII when I did diversion?

Unfortunately, under Oregon law, driving offenses (including traffic offense convictions, such as speeding tickets) are not expungable. It is important to note that this includes cases that are dismissed pursuant to diversion. Thus, when you successfully complete diversion, the case will be dismissed, but the arrest will never been expungable. This means no conviction will […]

Do I have to get an ignition interlock device if I do diversion?

Oregon law was changed this year through House Bill 3075, thus requiring defendants entering in to the diversion program to get ignition interlock devices installed in their cars. The effective date of this new requirement will be for offenses committed on or after January 1, 2012. Fees associated with diversion due to drinking and driving […]

I blew 0.00, but still got arrested for a DUII

The crime of DUII is not limited to intoxication by alcohol. It is possible to be charged, and convicted, of DUII when not under the influence of alcohol. Intoxication through controlled substances, such as, but not limited to, marijuana, methamphetamines, cocaine, heroin, and ecstasy also can lead to charges of driving under the influence. Additionally, […]

What’s the difference between DUI, DUII, and DWI

The offense of driving under the influence of intoxicants (DUII) often is referred to by several names. Some states define the crime differently. Some states refer to the crime as DUI, for Driving Under the Influence. Some states use the name DUII, for Driving Under the Influence of Intoxicants. And, some states call the offense […]

What is an Oregon Expungement?

An Oregon Expungement or Record Sealing motion is a motion filed with the Court in a particular case that seals or removes that case from public view as though the arrest and/or conviction never occurred. This can assist in procuring housing, jobs, and many other societal benefits, including one’s civil and firearm rights. It can […]

What are license suspensions time periods for failing or refusing a breath, blood, or urine test when arrested for a DUII?

Please refer to the suspension length chart if you have been convicted of a DUII: Standard Suspension: No prior in the past 5 years/waiting period for hardship permit Enhanced Suspension: Prior in the past 5 years/waiting period for hardship permit Action Standard Suspension Enhanced Suspension Length Breath Test Failure 90 days/30 days 1 year/1year Breath Test […]

What happens if I get caught driving while my license is suspended?

A driving while suspended (DWS) charge can be either a violation, a misdemeanor, or a felony depending on the underlying reason for the license suspension. Violation: If someone drives a motor vehicle outside the limitations of a probationary permit or a hardship permit, drives a commercial motor vehicle during a period when that person’s driving […]

What is Diversion and is there a way to avoid a DUII conviction?

DUII Diversion is a program that allows eligible persons to avoid a DUII conviction and the accompanying court penalties if they are able to complete the program requirements. If successfully completed, diversion would result in the dismissal of the DUII charge at the end of one year. The eligibility requirements for DUII Diversion are set […]

What if this is not my first DUII?

You may face more severe penalty if any of the following is true: You have been convicted of DUII in the last five years. You previously received a suspension for refusal to take a breath test. You previously participated in a diversion or drug rehabilitation program. A second DUI conviction will cause a minimum fine […]

What if this is my first DUII?

If found guilty on a first offense DUII, you could be fined up to $6,250.00. The minimum is $1,000. 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 […]

How many drinks does it take to get a DUII?

Not many! One large margarita might push some past the legal threshold. Obviously there are a number of factors that contribute to and affect blood alcohol content (BAC), not to mention different laws in different states. Whereas the penalties for a Fresno DUI are severe, a DUI in Montana is less serious in eyes of […]

What are legal limits for blood alcohol level?

BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. It does not depend on any units of measurement. Since 2002 a blood alcohol test measures the amount of alcohol (ethanol) in your body. The National Highway Traffic Safety Administration (NHTSA) recommends that all states set the legal definition […]

What is a DUII?

Driving under the influence of intoxicants can be based upon the influence of alcohol, a controlled substance, or a combination of the two. Driving under the influence of intoxicants is the act of operating vehicle (this can include a car, truck, golf cart, boat, or even a bicycle) after having consumed alcohol (ethanol) or other […]

DUII and other Criminal Terms Glossary

Want to know all the key terms about everything related to Driving Under the Influence…

DUII Guide

If you have been charged with a DUII, time is sensitive. Oregon has an implied consent law that requires you, as a driver, to consent to a breath test, urine sample, or blood draw upon request by law enforcement or face a suspension of your license.