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 [...]

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 [...]

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 [...]

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 [...]

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** [...]

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 [...]