Commonly Asked Questions and Answers
Type of Cases Our Firm Handles:
I handle many types of cases in Eugene, Oregon to bench and jury trials including DUI, Criminal and Traffic.
We Think You Should Hire Us If:
You want a Eugene DUI Lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
Our Firm Is Not Right For You If:
You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
If You Want To Tell Our Law Firm About Your Situation You Should:
I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (541) 505-9872.
The Typical Cost to Start Working on Your Case is:
Most cases are handled on a flat fee basis, so you will know the total cost of your case from the beginning.
Our Clients Will Tell You That:
My level of experience, knowledge of the law in Eugene, Oregon, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
Our Philosophy On How We Approach A Case Is:
Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
If Yout Want to Learn More About Our Firm You Should
During our free initial consultation I will answer any questions. Please call (541) 505-9872.
Oregon DUI Law Highlights: Selected Penalties (Table 1)
|1st Conviction||2nd Conviction||3rd Conviction||4th Conviction|
|Jail or Road Crew||2 days min, typically up to 10||2 days min, typically around 30 days||2 days min, typically 60-100 days - Felony DUII punishable by prison if 3rd within 10 years.||If no other criminal convictions than the DUII's 15-18 months prison. If criminal record, 25-30 months prison.|
|Court Ordered Drivers License Suspension||1 year||3 years if 1st DUI within 5 years, otherwise 1 year||Lifetime Revocation||Lifetime Revocation|
|Hardship Permit||Requires Ignition Interlock Device (IID) + SR-22||After 90 days with IID + SR-22||None but can petition for restoration after 10 years||None but can petition for restoration after 10 years|
|Base Fine||$1,000 min
$2,000 if you blow 0.15% or higher
$2,000 if you blow 0.15% or higher
(if not sentenced to prison)
|Up to $100,000|
Note: In all cases, people convicted of a DUI will be ordered to complete a drug/alcohol assessment and treatment program, attend a Victim Impact Panel, and be on probation to the court. Additionally, the DMV will suspend the license of anyone that blows 0.08% or higher for 90 days and for 1 year for a refusal to blow. DMV suspension starts 30 days after the date of the incident.
WARNING: If you fail or refuse the breath test, your license will be confiscated and the DMV will automatically suspend your driving privileges anywhere from three months to a year or more. YOU ONLY HAVE TEN DAYS TO REQUEST A HEARING TO CONTEST YOUR LICENSE SUSPENSION.
Oregon DUI Law Highlights: BAC Levels and Implied Consent (Table 2)
|State||"Per Se" BAC Level||"Zero Tolerance" BAC Level||Enhanced Penalty BAC Level||"Implied Consent" Law|
Oregon DUI Definitions
- "Per Se" Blood Alcohol Concentration (BAC) Level
- As of August 2005, Oregon has DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that Eugene drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
- "Zero Tolerance" Blood Alcohol Concentration (BAC) Level
- Oregon carries "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle in Eugene with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
- "Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
- Oregon imposes harsher penalties on DUI offenders with a BAC of .15% or greater at the time of the offense. DUI offenders in Eugene with a BAC at or above Oregon's enhanced penalty standards face additional jail time and harsher fines.
- "Implied Consent" Laws
- "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver in Eugene refuses to submit to such testing, the implied consent law carries a one year driver's license suspension.
- Mandatory Alcohol Education and Assessment/Treatment
- Alcohol education and treatment/assessment penalties for DUI offenders Eugene, Oregon can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program.
- Ignition Interlock
- A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. An ignition interlock device is required as a condition of diversion on all cases occurring after January 1st of 2012.