Why You Should Never DIY Your DUI Defense

clackamas county dui attorneyDIY trends are everywhere these days, thanks to an influx of home improvement television shows and Pinterest hacks. While you might feel encouraged to do everything yourself instead of hiring a professional, the truth is that doing so might result in a shoddy result. That’s certainly true if you’re facing a drunk driving charge. Regardless of whether this is the first time you’ve found yourself in legal trouble or you’ve been arrested before, you need an experienced Clackamas County DUI attorney to help you through this uncertain time. Here are a few reasons why you should always consult with a DUI law firm instead of trying to defend yourself in court.

  • It’s more cost-effective: You might be concerned about how much a DUII defense attorney might cost. That’s understandable, especially if you’re facing financial hardship. But you shouldn’t let the costs keep you from hiring a Clackamas County DUI attorney. Ultimately, a drunk driving conviction may cost much more than an attorney’s services will. You might have to pay thousands of dollars in fines and a hefty hike in your auto insurance premiums, for a start. So while you might not like the idea of paying a lawyer to help you, remember that the cost is worth it when compared to the alternative.
  • Your future is in jeopardy: Some people assume a drunk driving charge is no big deal, but a DUII conviction can have serious consequences for your future. Although fewer than 4,000 people are arrested in the U.S. for drunk driving on a daily basis, those charges carry some major weight. Your license will be revoked for a substantial period of time (anywhere from a year to your entire life, depending on your criminal history), which can make it difficult for you to work or uphold family obligations. You could be fired if your arrest is made public, and a conviction will certainly make it more difficult to find a new one. Depending on how tough a judge is, you could go to jail for years — and that’s much more likely without someone to defend your rights.
  • DUI laws are extremely complex: The bottom line here is that you wouldn’t trust yourself to perform surgery or teach a subject you knew nothing about. For that same reason, you shouldn’t have to try to defend your rights and build your own case in a court of law. Skill, knowledge, and experience are needed to argue a case, call expert witnesses, and assess whether evidence is admissible. And none of that can be learned by binging crime shows on TV.

If you’re facing a DUII charge, you can’t afford to leave your defense up to chance. Be sure to contact a Clackamas County DUI attorney to make certain your rights are protected in court. To find out more or to schedule a consultation, please contact our firm today.

So You’ve Been Accused of a DUII: What to Do Right Away

In the state of Oregon, it’s illegal to operate a vehicle while having a BAC of .08% or above. But even those who know this act is not permissible by law may make poor decisions that get them in legal trouble. If you have been arrested for a DUII in Oregon, you’re likely stressed out, scared, and confused about the next steps to take. These next moments are actually critical in terms of your case. To that end, here are a few things you’ll want to do immediately after your arrest.

    • Write everything down
      Being arrested can be a bit traumatizing for anyone. The combination of an adrenaline rush and intoxicants in your system might very well make the details of this event a bit fuzzy. It’s essential, therefore, to write down every detail you remember about this incident. For instance, record where you were stopped and when, the reason given for the stop, whether field or breathalyzer tests were given, and everything you can remember being said between you and the officer. Even if you think a detail is too insignificant to matter, record it. These facts could be of great use to your DUII attorney later on.
    • Find character witnesses
      When facing a DUII conviction, your defense needs to be as strong as possible. Character witnesses — which might include family members, friends, neighbors, or anyone who saw you prior to or following your arrest — can be of great help to your DUII defense. But it’s important to seek out these individuals as soon as possible. Contrary to popular belief, a person’s memory is not perfect; their recollection of events will be stronger if they’re able to provide a statement right away.
    • Safeguard social media
      You might be inclined to delete photos, video, or other social media posts that could be seen as incriminating. But deleting an image from one source doesn’t mean it disappears; once something exists online, it’s there forever in some form. And even if there are no images or video from the night of your arrest, a prosecutor could use other posts to present a pattern of bad behavior. It’s far better to make all of your online profiles completely private and to weed through your friends or followers list to ensure your privacy is protected. In addition, refrain from posting about these events at all online and keep a low profile in general. In the digital age, any post could be used in court to discredit you.
  • Contact a DUII attorney
    Whether this is your first infraction or you’ve been arrested before, DUII cases can be notoriously complex. You need help from an experienced law firm to ensure your rights are protected. Having a DUII attorney on your side will give you the best chance of a positive outcome. And the sooner you consult with a lawyer, the better off you’ll be.

If you or someone you know is facing criminal charges stemming from driving under the influence of intoxicants, we’re here to help. Please contact our offices today for more information.

What to Expect After Your First DUII Arrest in Oregon

dui law firmAlthough most of us know that we should never drink and drive, the truth is that it happens more frequently than you might think. In fact, the average drunk driver has operated a vehicle while intoxicated around 80 times before they’re ever arrested. That’s a scary statistic, considering the damage that drivers under the influence of alcohol could potentially do. But, being arrested on suspicion of a DUII can also be quite frightening. Even if it’s your first time ever being arrested, this criminal act can have serious consequences. That’s why it’s essential for anyone facing a DUII allegation to have experienced legal help during this time. Below, we’ve outlined a bit about what you can expect after your first DUII arrest.

Following a roadside stop and sobriety tests, you may be arrested
If an officer pulls you over and suspects you’re driving under the influence of alcohol (or illicit drugs), they will likely ask you some questions and ask you to submit to field sobriety tests. In Oregon, it is unlawful to have a blood alcohol concentration of 0.08% or above. There’s some conjecture as to whether you should submit to these field sobriety tests or politely refuse; not every DUI attorney agrees as to the best source of action. But the fact is that an officer can arrest you either way if they feel there’s probable cause to arrest you for a DUII.

Regardless of whether you’re convicted, you will face administrative penalties
With most types of crimes, you likely won’t expect immediate consequences before you ever get to court. But a DUII arrest is a bit different in this regard. For one thing, Oregon has an implied consent law. This means that your refusal to comply with a blood or breath test after you’re arrested will come with automatic penalties such as a license suspension, fines, and other potential consequences. In addition, such consequences will likely occur (to varying degrees) if you do submit to testing and are found to have a BAC level higher than what’s legally allowed.

If you do end up with a DUII conviction following your arrest, these administrative penalties will be more severe. In Oregon, a DUII conviction carries a one-year suspension of your driver’s license. After this period ends, you will need to install an ignition interlock device in your vehicle for one year and will likely need to undergo substance abuse treatment. But of course, these are not the only consequences you’ll face if you’re convicted.

If found guilty, you will have to perform community service or serve jail time
In addition to your license suspension and substance abuse treatment, you’ll have to pay at least $1,000 in fines and will have to spend at least 48 hours in jail OR perform 80 hours of community service. You may also be subject to probation for up to five years after your conviction.

However, you may be able to avoid a conviction through a diversion program
In Oregon, first-time DUII offenders will usually qualify for a diversion program. Completing this program will allow the offender’s case to be dismissed after one year’s time. The program is essentially a one-year agreement that will require the driver to complete a substance abuse program, refrain from alcohol or drug use, attend a victim impact panel, and install an ignition interlock device. The program and its related requirements do come with their own fees, but this is typically the best route to take if you are eligible. Your DUI attorney can further advise you on this possibility.

We hope that this post has answered some questions you may have had about being arrested for a DUII for the first time. But even more importantly, we hope this has shown why it’s so imperative to contact a reputable DUII attorney in your area if you are arrested for such a crime. For more information, please contact our DUI law firm today.

The Most Common DUII Defenses, Explained

dui attorneys in beavertonApproximately 10.3 million people reported driving under the influence of illicit drugs in 2012, and driving while intoxicated with alcohol is an even more common crime. Even though arrests stemming from DUII allegations happen quite frequently, most of us are convinced it could never happen to us. But the truth is that one poor decision could impact your entire future. If you find yourself arrested for operating a vehicle under the influence, your Beaverton DUII attorney will work hard to defend you in court. They may even prepare a defense that resembles one of the following common ways to fight these allegations.

Improper Police Conduct
We’d all like to believe the police know how to do their jobs properly and follow the letter of the law every single time. Unfortunately, this isn’t always the case. It’s possible that a police officer may have conducted an improper stop when getting you to pull over initially. They also could have failed to follow proper procedures when conducting field sobriety tests. The fact is that some police officers will push the limits to get the result they want. To ensure your rights are protected and that you are treated fairly in the eyes of the law, your DUI attorney will assess all aspects of your case and be by your side to ensure all proper conduct is followed.

Misidentified Intoxication
To secure a DUII conviction, the prosecution must prove beyond a reasonable doubt that you were, in fact, intoxicated at the time of driving. If much of your case was based on an officer’s observations and your failure to perform a field sobriety test, it’s possible that there are actually other valid explanations for your behavior that have nothing to do with alcohol or drugs. Some medical conditions, for example, can create the appearance of intoxication and many medications can skew the results of a breathalyzer test. It’s also possible that you have an injury or disability that kept you from performing well on these sobriety tests before you were arrested. With help from an experienced attorney, you may be able to prove that these medical factors resulted in an improper arrest.

Improper Testing or Storage
In addition to improper police behavior or physical problems, there may have been an instance of improper testing or improper storage of test samples. After you were arrested, you may have been required to submit a blood or urine sample for testing. This sample can be extremely important in your defense. For instance, if this sample was improperly taken (i.e., not within a reasonable time frame or without following documented procedures) or improperly stored, your lawyer may argue that it cannot be used as evidence against you. Your lawyer may be able to argue that this evidence should be thrown out, making a a DUII charge much harder to prove.

These are by no means the only defenses your lawyer might argue, but they’re among some of the most common utilized by experienced attorneys across the country. Because the consequences of an arrest and subsequent conviction can be so severe, it’s important to have help from a reputable DUI attorney if you face such allegations in Beaverton.

To find out more, please contact us today.

Know Your Rights: What to Expect If You Are Arrested For Prostitution

prostitution lawyer in portland

According to U.S. Department of Justice records, more than 43,000 women and 19,000 men were arrested for prostitution-related criminal offenses in 2010. While some may look at these individuals with contempt and confusion, the truth is that these sex crimes can affect almost anyone – either directly or indirectly. And, although prostitution and commercial sexual solicitation are actually relatively common occurrences, many people don’t have a complete understanding of their rights or what to expect if they’re ever accused and arrested for such crimes. In today’s post, we’ll take an in-depth look at these two topics.

What are your rights if you’re arrested for prostitution?
Sex crimes such as prostitution and commercial sexual solicitation may be treated differently depending on where you’re located and the situation at-hand. But one thing that won’t change: your rights.

Perhaps most important, you have a right to remain silent and to an attorney. You should try to consult with a prostitution lawyer immediately after being arrested. Remember that anything you say after being arrested can be used against you in court; that’s why you should ask for an attorney as soon as possible. It’s best to not speak with law enforcement officials about your case until your attorney has arrived. Your attorney can help you prevent further incrimination and can get started on planning a course of action for your case.

Your prostitution attorney can also assist you if your arrest was the result of an undercover (sting) investigation. The evidence against you might include audio and video recordings, among other important information. This often proves to be key in cases like this, as police misconduct or poor quality of media may play an important role in your defense strategy.

What you can expect if you are arrested for one of these sex crimes:
The aftermath of a prostitution arrest depends on your particular situation and whether you have assistance from an experienced lawyer. You may have to spend the night in jail or have a family member post your bail, but that is pretty doubtful. You will usually have complete paperwork after you are released which includes your charges and your court date. While this process might seem straightforward, it’s recommended that you hire a prostitution lawyer who can help you navigate this process and ensure your rights are protected.

A prostitution arrest can have drastic consequences. It can potentially have a negative impact on your ability to find a job, secure housing, or maintain your personal relationships. No matter the circumstances, it’s essential to contact a prostitution lawyer in your area.

If you or someone you know is facing a prostitution charge. Please contact us today for further information.

Repeat DUIIs in Oregon: All About Second Offenses

duii law firm

While DUII allegations are relatively common, they’re still incredibly serious charges. This is especially true when multiple DUII offenses come into play. Understandably, repeat offenders face even harsher penalties that can have a severe impact on their financial state and their future as a whole. In today’s post, we’ll be talking about second DUII offenses and the consequences you may face if you are charged and convicted of a second DUII in Oregon.

If you fail your BAC test a second time…
Oregon drivers cannot have a blood alcohol concentration (or BAC) of .08% or above. If your BAC is recorded at this level during a breath, blood, or urine test, you will fail. A first failed test means a 90-day license suspension. But the second time this occurs (whether you have a previous DUII conviction on your record, went through a drug or alcohol program, or already had your driving privileges suspended under implied consent laws), the punishment is much more substantial. A second failed test can result in a one-year license suspension, as long as the current offense happened within five years of the first, among other criteria.

If you refuse to take a BAC test…
Normally, if you just refuse to take this test, your license will be suspended for a year. But, if you’ve refused before, or have previously been convicted of a DUII, or went through a DUII diversion program, refusing the test again will make things worse. In cases of a second offense, your refusal could result in a three-year license suspension.

When facing repeat DUII allegations, it’s important to contact a DUII attorney immediately. Consequences extend well beyond license suspensions. Here are just some of the other punishments you may face.

    • Ignition Interlock Devices: If you are convicted of a second DUII, you will be required to install (at your own cost) and use an ignition interlock device in any vehicle you operate. This requirement applies for two years after the end date of your license suspension. Keep in mind that even if you don’t refuse the initial BAC test, a second DUII conviction will result in a three-year license suspension (if within 5 years). This means that your driving privileges will be impacted for at least five years.
    • Fines: A second DUII conviction is considered a class A misdemeanor. This means that, at best, you may face a $1,500 to $6,250 fine. For offenders with higher BAC levels (0.15% or higher), the minimum fine is raised to $2,000.
    • Jail Time: second DUII offenders are sentenced either to at least 48 hours in jail or 80 hours of community service. This is just the bare minimum. However, a judge may decide your crime or your criminal history justifies additional time.
    • Substance Abuse Treatment: Second DUII offenders in Oregon will also have to complete a drug screening assessment and a treatment program for substance abuse. Treatment programs last a minimum of three months encompassing 12 to 20 hours of substance abuse education. A minimum program must be completed for driving privileges to eventually be reinstated.
  • Victim Impact Panel: Oregon courts also require what’s called a DUII Victim Impact Panel. This one-time class (paid for by the offender) covers the serious consequences of DUII accidents, many of which prove fatal. While 10% of licensed drivers are under 21, these drivers are responsible for 17% of alcohol-related crash fatalities.

If you have faced alcohol-related charges in the past, you need a reputable DUII law firm on your side. For more information about our DUII law firm or our other areas of practice, contact us today.

What To Expect During a DUII Trial

duii attorneyPeople drive impaired almost 300,000 times every day; however, less than 4,000 of those impaired drivers are actually arrested. For those who are arrested, they’ll begin the process of going through a DUII case. If you’ve been involved in a drunk driving accident, or got pulled over for driving under the influence, it’s important to know what to expect throughout the course of a DUII case. This includes preparation, going to trial, fines, jail time, and other penalties that can result from a DUII. This article is going to provide a brief overview of what you can expect during a DUII case.

Your DUII attorney will help you prepare for your trial. Preparation may include things like filing paperwork, examining evidence, and reviewing your testimony. In court, you may be asked difficult questions by the prosecution, on cross-examination, regarding the details of the situation. Because of this, it’s important to discuss possible questions and scenarios that may be brought up in court with your DUII defense attorney-to ensure you’re prepared to handle them. If you go to court unprepared, you could sacrifice the chances of a positive outcome. Additionally, going to trial without the help of a DUII attorney could severely jeopardize your case. Trying to represent yourself is rarely a good idea, especially when it comes to a DUII. To ensure you’re aware of your rights, and that you are as prepared as possible, it’s crucial to hire a DUII lawyer.

However, in many cases, a good DUII attorney will actually try to ensure that you never go to trial in the first place.  Negotiations play a very important role in all DUII cases. While negotiations may not always be appropriate, they can ultimately spare you a lot of agony in the months to come.

DUII sentences can vary depending on the severity of the situation. First-time convictions generally earn less severe punishment (legal minimum), while repeat offenses or more severe situations may receive harsher punishments. Because sentences can vary so much, it’s important you have an experienced attorney to help build a strong case.

If you have an upcoming DUII matter, it’s important to consult an experienced DUII attorney. They can help prepare you for your case, give you reasonable expectations for the outcome of the trial, and help make the entire process easier.

Ignition Interlock Devices in Oregon: FAQs

DUII convictions come with all kinds of consequences. Even if you had an excellent DUII defense attorney and this was your first conviction, your driving privileges still have been suspended by an Oregon court. However, it may be possible to have those privileges reinstated by requesting a hardship permit. In most situations you will be required to install an ignition interlock device, or IID, in your vehicle. But what exactly are these devices and what kinds of regulations does Oregon have pertaining to them? We’ll answer some of those FAQs in today’s post.

When might I need an IID installed?

If you are arrested and later convicted of a DUII or enter into the DUII diversion program, an IID will be required for a hardship permit, for the DUII diversion program (in most cases), and as a requirement from the DMV (the length of time varies). This device functions as a mobile breathalyzer to ensure driver compliance and prevent intoxicated driving. If your driving privileges were taken away due to a DUII conviction, it may be possible to gain them back applying for a hardship permit, and installing an IID. While every DUII conviction in Oregon mandates a license suspension (one year for a first conviction, three years for a second [if it is within 5 years of the first], and a permanent revocation for a third), installing an IID will very likely be part of the process in most DUII situations.

What happens if I violate the IID testing?

If you attempt to operate your vehicle with alcohol in your system and you’ve already had an IID installed, a positive report will be recorded. This report will be passed along to the entity that monitors your case or conducted your assessment, after which the information will be given to the court. This could mean that you’ll have to place a call to your DUII attorney sometime in the near future. Some IID providers will charge the motorist a violation fee, while others will not. Your car will not start if you record a failed test; if the test is rolling, you will be able to navigate to a safe location when a negative test is recorded.

Can other people drive my car that has an IID installed?

Other people are allowed to operate your vehicle, but a breath test is still required from that driver to operate it. In addition, the offender is responsible for any and all breath tests. That means that if any other driver doesn’t perform the test correctly or alcohol is detected, you will be held responsible for that.

Do IIDs have a negative effect on cars?

Some people worry that the electrical draw required by IIDs will harm their vehicle. As long as your car’s electrical system is functioning fine, your IID should always operate correctly and your car will be completely unscathed. The amount of electricity required by IIDs is very small. Unless you don’t use your vehicle for a very long time, there’s no reason to worry.

How long do I have to keep an IID installed?

This does depend on the specific circumstances of your case, so your DUII attorney will be your best source of information. Usually, an IID must stay in your car for one year. But as of January 2016, IID users can qualify for early removal when no negative reports have been recorded for six months (in DUII diversion situations only). You may be able to petition the court to have your IID removed after 6 months.

While installing an ignition interlock device may seem like a nuisance, it’s often the best way to regain your freedoms and prove to the court that you can live as a law-abiding citizen. For more information about IID regulations or DUII charges, please contact our law firm today.

Distracted Driving in Oregon: How the Bill Passed in October Affects You

At any point during daylight hours, an estimated 660,000 drivers in America are using their phones or other electronics while operating a vehicle. In 2015, 391,000 people were injured and 3,477 were killed in accidents that involved a distracted driver. Each one of those people put themselves in a position to possibly have to hire a criminal defense attorney to help them in criminal matters. Each state has different penalties regarding cell phone and electronic use while driving, but many are adopting distracted driving laws.Picture1

For Oregon residents, distracted driving is becoming more of a punishable offense due to the state placing increased penalties on cell phone use while driving. The law took effect October 1, 2017, and corrects some definition ambiguity in an earlier bill passed in 2009, which allowed people to use cell phones for things other than texting and calling. Of course, the original bill didn’t intend for drivers to be able to play games on their phone while going 60 miles per hour down the highway, but the ambiguous wording provided a loophole for offenders.

With the updated bill, drivers are no longer allowed the use of many functions of their cell phone while operating their vehicles. According to the Oregon Department of Transportation, drivers can start or end functions on their phones if it is limited to a single touch or swipe and is hands-free. Meaning if your cell phone is dash mounted, you can take calls, but if you have to physically pick up your phone, then you’ll have to let it ring. The law applies to all electronics including laptops, GPS, tablets, and any other device not permanently mounted in your vehicle. The bill allows drivers to dial emergency services only if there is no one else in the car able to do so.

With the new restrictions on electronic use and distracted driving, drivers will have to be more cautious than ever when operating their vehicles. If you get into an accident in which someone was injured or killed, and they have reason to suspect you were distracted in any way, you could face serious charges and should contact a criminal defense attorney right away. Accidents without injury have a three-tier system with up to a $2,500 fine and six months jail time for the third conviction.

If You Are Arrested For Prostitution or Solicitation: 3 Things To Know

Picture1Every year, approximately 80,000 American citizens are arrested for solicitation. Although such arrests are fairly common, that doesn’t mean they shouldn’t be taken seriously. In fact, these criminal allegations can have serious consequences, regardless of the specific circumstaces. That’s why you should contact a prostitution defense attorney right away if you are arrested for these kinds of sex crimes. But what else should you know about prostitution charges?

  1. You can remain silent

If you have been arrested in a prostitution sting of some kind, you do have the right to remain silent. Just because you are handcuffed and taken into custody does not mean you’ve lost these rights. Should a police officer question you, you can invoke your rights by telling them that you will not answer any questions until your attorney is present. Police may use tactics to get the information they need, but your attorney can protect you from self-incrimination and can ensure the best outcome for your situation.

  1. Arrests can occur even if no money was exchanged or sexual act took place

Remember that what you say can be used against you (in more ways than one). In many cases, simply offering to exchange money or other compensation for sexual activity can get you arrested. As long as the offer or agreement has actually been made, the sexual act doesn’t actually have to take place. The compensation doesn’t even have to be exchanged for these criminal allegations to be brought against you. The other person doesn’t even have to be willing or able to commit prostitution for you to be charged.

  1. The consequences extend beyond fines and jail time

Yes, you should be concerned about steep fines or spending time in jail. But these may actually be the least of your worries. The financial, professional, and personal implications of these criminal allegations can be even worse than the legal consequences. If your name and mugshot are published on a website or in the newspaper, you may find yourself a social outcast with no job, no relationship, and no future. If you are in the country illegally, it could even result in deportation. At the very least, your reputation will be sullied and one quick internet search will make sure your work and your relationships suffer significantly.

Prostitution charges have the power to impact your entire life, especially if you go without experienced legal representation. If you or someone you know is facing charges of prostitution or solicitation, contact Jared Justice today.