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.