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 [...]

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 [...]

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 [...]

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. [...]

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 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 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 [...]

An Alford plea is the generic term (from North Carolina v. Alford, 400 US 25 (197)) used to refer to a plea of nolo contendre or no contest. In State v. Sullivan, the Oregon Court of Appeals “An Alford plea is a guilty plea in which the defendant does not admit commission of the criminal [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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. Let’s start first with a DUI conviction. Certain convictions are expungable (or eligible to be set aside) if specific factors are met. Unfortunately, driving offenses are not expungable, thus [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

First time DUIs are misdemeanors in Oregon. A DUI becomes a felony if the new offense occurs within 10 years of 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 of 3 [...]

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 [...]

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, [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 CONVICTION LENGTH OF SUSPENSION/REVOCATION HARDSHIP PERMIT WAIT PERIOD*** 1st Offense 1 Year O Days 2nd Offense* 3 Years 90 Days 3rd Offense Lifetime Revocation** [...]

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 [...]

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 [...]

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 [...]

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, [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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). The general “rule” is one drink equals about .02% BAC. One ”drink“ could be a shot of distilled spirits, a glass of wine, or 12 ounces of [...]

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 [...]

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 [...]

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

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.