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Oregon DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Oregon on
Q: Going to court today with my 16year old daughter for her first dui charge, does she pled guilty or not guilty?

She has not been in any trouble before and had she not been in the situation she was in she would never of gotten in the car!

Jace D. Cook
Jace D. Cook answered on Sep 3, 2020

First things first, get a defense attorney for her. A first appearance in Oregon for a case like this is usually the arraignment. At the arraignment, an Oregon attorney would usually reserve their clients' rights by making specific statements to the judge on the record and ask for future dates... Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: Will they still prosecute me when they allowed me to drive?

Got dui blew .05 cited and relelase, even given a ride back to my car, and allowed to drive 2 home 2 hours later, officer stated it will probably be dropped, he did even check the DUI box on my citation. I have a court date though.

Brandon C. Foy
Brandon C. Foy answered on Feb 20, 2020

The local prosecutor reviews criminal citations issued by officers and is responsible for filing them with the court if they wish to pursue criminal charges. The officer likely said it will probably dropped based on prior instances where the prosecutor did not file a DUI case with a BAC at, near,... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Oregon on
Q: Can my ex-husband dictate who can and cannot administer ADHD meds to our son in my home?

I have my extremely mature and responsible 16 yr old niece watching my kids before school (she will graduate from high school with an associates degree at 18). She gives my son his Adderall which is a controlled substance (she has an exemplary record of administering ADHD meds for 2 years with... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 8, 2019

Generally speaking the custodial parent makes the decisions about day to day care of the child and does not need the other parents consent. But I don't know what your custody/parenting time order says so that may or may not follow this general rule. You can always go to court and get a... Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: In Oregon, if I get a dui with a child in the vehicle do I receive a charge of child endangerment
Shawn A Kollie
Shawn A Kollie answered on Aug 16, 2019

You certainly can receive additional charges of Recklessly Endangering in a child is in the vehicle. It generally matters on how the driving was, and how impaired the driver was. Having a child in the car can also make someone ineligible for Diversion in Oregon which makes the punishment... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: I was cite and release and givin court date showed up for indictment but not on the docket is my case dismissed

Is my case dismissed or is there chance of secret indictment

Greg Freeze
Greg Freeze answered on Mar 1, 2019

No, your case is not likely dismissed. Some busy courts, like Lane County Circuit Court, run so late in getting the DUII cases on the docket, that defendants often show up and the District Attorney's Office isn't ready for the arraignment. In that situation, the case isn't on the... Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: Court entered judgement for DUII including fine and license suspension. Can it change the conviction to make it harsher?

The fine listed in the conviction is less than it should have been according to BAC guidelines. The court is also attempting to invoke lifetime revocation of driving privileges based on inaccurate interpretation by prosecution of previous DUI's. Is it legal for the court to go back and change... Read more »

Steven McNicholl
Steven McNicholl answered on Jan 14, 2019

Generally no, when the court enters the terms of the plea agreement into the system, it becomes permanent. There are always exception to the rules, an attorney can go through your specific facts to determine if an exception applies.

1 Answer | Asked in DUI / DWI for Oregon on
Q: I missed my first court appearance for a DUI charge in Oregon. Going to court tommorrow with my lawyer.

I had taken time off work on the 9th and somehow had it stuck in my head that the date was the ninth and that's what I had told my lawyer. When I called him today he told me I missed my date today and I have a bench warrant. What should I expect in the morning?

Steven McNicholl
Steven McNicholl answered on Jan 11, 2019

It will depend on the court. One of two things will happen, the bench warrant will be removed and a date will be set or you will be taken into custody until bail is posted if available to you.

1 Answer | Asked in DUI / DWI for Oregon on
Q: False DUI Arrest?

I am 65 years old, white, male. Got pulled over last night for failure to signal and failure to maintain lane, admitted to drinking a mini-bottle of wine with dinner 4 hours earlier, arrested after not passing field sobriety test (which I thought I did fine on), taken to station, blew 0.00. DRE... Read more »

Daniel DiCicco
Daniel DiCicco answered on Jan 2, 2019

I think it is a bad idea to represent yourself. DUIs can be more complicated than meets the eye. I believe that you have an excellent case based on what you're saying here; it's possible that the state won't even charge the case. Likely, even. However, if they DO charge the case then... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: Am i in Trouble and is my friend in deep trouble?

Hi i live in the state of oregon. My friend is 45 and I am 18. She was drinking before she came and picked me up and I didn't know she was until we got pulled over. They made her do some test outside the car and arrested her. They then asked me if I was drinking and I said no. They asked me... Read more »

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

You will not face any problems. She will have to deal with the DUI charge through the normal channels. It's a very common charge and in most cases a first time offense can be resolved without a criminal conviction. This is called "DUI Diversion" and while it is a bit of a pain in... Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: Is it possible to get my case dismissed as it is the first time ever did i get an DUI with reckless driving?

I turned to sharp at a light and drove over curb- medium which caused my tire to go flat. I drove for a mile or two and pulled over and parked the car. I called for help. Few minutes later a sheriff showed up and asked me if i was ok. They asked me if i was drinking and i said i did earlier in the... Read more »

Daniel DiCicco
Daniel DiCicco answered on Dec 4, 2018

You are not going to get the case dismissed, though it does sound like you have a decent case. I have represented a lot of individuals in your shoes and what makes your case stand out to me is that you blew a .05, which is very low. Was this in Portland? You should have a court date coming up quite... Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: Can my address be given away after a DUII before my court date? I received letters from attorney's regarding it.

Arrested December 11th, 2017. Clackamas County. No one, including family or employer has my address. Feel violated for for disclosure of personal information before I was even convicted.

Jared Justice
Jared Justice answered on May 4, 2018

Direct mail marketing is a form of advertising that many attorneys use. The way they get this information is through public records requests for the arrest.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Oregon on
Q: I'll try making this question short and too the point without dragging on with tiny details, only facts. On Jan

Jan second said person got convicted of duii for illegal drugs. He knew his licence was suspended and so not driving, then a week ago he was told by a police officer face to face he was valid to drive, said person confirmed this three times in the week via phoning the dmv. Tonight he was pulled... Read more »

Jared Justice
Jared Justice answered on May 4, 2018

This is an incredibly frustrating situation. Unfortunately, bad advice is not a defense. However it can be incredibly mitigating.

The notice issue could possibly be a defense, but, most of the time when someone is convicted of a DUII they sign a suspension notice right there in court.

1 Answer | Asked in DUI / DWI for Oregon on
Q: I got a dui in Jan still haven't had court. Da office has no record of my citation. What do I need to do.

This is my first offense so I already served more than 60 days of suspended license. The sheriff has not turned the citation to the da office.

Jared Justice
Jared Justice answered on May 4, 2018

This is something that does tend to happen (some places are worse than others). You should hire a lawyer to go over your case with you and try to monitor the case as carefully as possible.

One thing you do not want to do is bring attention to the situation. It is pretty rare that...
Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Oregon on
Q: Traffic Law: DUI how might i want to talk in court? how should i work on lowering my sentence.

I recently got a dui, driving home at 1am alone, while under the influence of marijuana.

I wasnt parting all night, I was on campus working all that night.

this is my first offense.

Jared Justice
Jared Justice answered on May 4, 2018

You need to speak with a DUII attorney as soon as possible. It sounds like (from your question) that you are thinking about doing this alone. You should re-think that, even if you are eligible for diversion.

Getting into diversion is not the hard part of dealing with a first time DUII...
Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: In 2011, I had my State of Oregon drivers license revoked for 3 dui's. I am a professional engineer and am finding it

virtually impossible to get employed, especially after a background check. Am I doomed forever? Is there anything I can do?

I am desperate and do not know where to turn. Any constructive advice is greatly appreciated.

Bill Powers
Bill Powers answered on Jan 22, 2018

Sorry you're going through such a tough time. More info is necessary to answer the inquiry.

Experienced lawyers would likely want to ask, during a PRIVATE consultation and not on an on-line forum, questions like:

1. Is the license "permanently revoked?"...
Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: My 17 year old son was arrested October 14th for a DUI with marijuana. How long do we have to wait for a court date.
Brandon C. Foy
Brandon C. Foy answered on Nov 18, 2017

If there was no date on the citation (or no citation at all) there will like be no court date until the court receives charges from the city or county prosecutor’s office. The court would then create the case in their system and set a first date for your son to appear.

So, to answer your...
Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: Can I purchase and own a firearm while still completing diversion for DUII in Multnomah county OR?

Charged with DUII, reckless driving, and reckless endanger. Allowed to do diversion since it was my first and only DUII. This is in Multnomah County Oregon.

Brandon C. Foy
Brandon C. Foy answered on Oct 11, 2017

Review your court documents carefully and consult with an attorney if you any further questions about your obligations arising out of your case. If you had an attorney to help you enter diversion I would reach out to them first.

That said, DUII Diversion Agreements with Oregon courts...
Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: I got a dui and the cop put down the wrong time can I get out of it
Brandon C. Foy
Brandon C. Foy answered on Oct 7, 2017

The short answer is probably not. The incident date/time is one element of the crime that must be proven beyond a reasonable doubt, but the charging document (i.e., the ticket from the officer, or an information of misdemeanor later issued by the prosecutor) usually includes the term “on or... Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: husband convicted of 3rd dui 11 yrs apart

My husband was convicted yesterday in oregon for his 3rd dui, his previous 2 were 11 yrs ago. How can they look back 11 years? His record in california had even been purged and the court record does not exist in their files any more but based on driving record the judge said it was his third. He... Read more »

Michael Hajarizadeh
Michael Hajarizadeh answered on Sep 14, 2017

Good Morning,

I do not have all the facts so my statements may not be entirely accurate to your situation.

Based on your explanation I am not sure what exactly you would want overturned, the fact that it was your husband's third duii, or the conviction. The fact that the...
Read more »

1 Answer | Asked in DUI / DWI for Oregon on
Q: I was given a DUI, however I was not operating my vehicle. It was parked at a separate location. Is this lawful?

I was detained by multiple police officers on foot, at a separate location. It doesn't seem right that I could get a DUI when I wasn't even operating a vehicle and never admited to doing so under the influence

Mario F. Riquelme
Mario F. Riquelme answered on Sep 7, 2017

You can be "charged" with the crime of DUII regardless of whether at the time of the stop you were driving or not. Being charged with a crime,and being found guilty of a crime are two different things. Since driving is an element of the crime of DUII, you would likely have a very good... Read more »

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