Is my driver's license suspended?
If you just go arrested for DUII in Oregon the implied consent suspension is prospective. If you were arrested and took and failed a breath test, or refused a breath test, a blood test or a urine test, you're facing a driver license suspension.
How will I know if I'm suspended?
You will know if you are facing a suspension it the police officer provided to you an 8.5 x 11 inch yellow paper. On that paper it should indicate the basis for the proposed suspension and the length of the proposed suspension. The suspension periods are for 90 days, 1 year and 3 years. You will want to contest the proposed suspension by faxing to DMV a demand for hearing on the proposed suspension. The fax must be received by the DMV within 10 days of arrest and before 5 p.m.. If the 10th day falls on a holiday or weekend, the window for the hearing request remains open until the next business day.
When will my hearing happen?
The hearing to contest the proposed suspension will usually be heard within 30 days of your arrest. The proposed license suspension is supposed to go into effect 30 days after the date of arrest. You will usually be afforded the hearing before the license suspension will go into effect. You will want to have an in-person hearing if possible. Your demand for the hearing must state that you are requesting an in-person hearing. If you request an in-person hearing the police officer will be required to appear in person. You will also have to appear in person. If you do not appear at the hearing you will have forfeited your hearing right and the suspension will go into effect. If the officer does not appear at the hearing, the proposed suspension will not go into effect. If the officer does not appear, his supervisor can have the hearing reset if there is a justifiable reason for the officers absence at the initial hearing date.
Should I file for a hearing?
Filing for a hearing and participating in a hearing does not mean that the proposed suspension will not go into effect. However, it does afford you the only opportunity to contest the legality of the proposed suspension. The most common reason for the proposed suspension to be invalidated is failure of the police to submit the required paperwork on time to DMV; Officer failure to appear at hearing; improper or incomplete paperwork submission by the police officer; denial of your right to make a telephone call after arrest; improperly conducted field sobriety tests that are excluded as a basis for the officer's probable cause determination; improper operation of the intoxilyzer 8000 breath alcohol analyzer; and constitutional violations of your right to free from unreasonable searches and seizures.
What if I can't hire a lawyer?
If you do not hire an attorney to represent you at this hearing you should nonetheless make the request and attend. You cannot make your situation worse for having availed yourself of your right to a hearing. The hearing is heard by an Administrative law judge. The Administrative Law Judge will never be the judge that you will have to deal with when you go to court on the DUII charge. The trial court judge will not know that you requested a DMV hearing, nor will the prosecutor who works for the district attorney. There is no downside to requesting and having the hearing. You can only improve your position for taking the time to attend the hearing.
If you do not hire an attorney make sure that you get to the hearing early. If you are late, you loose. The Administrative Law Judge will not make you testify. It is a rare case where your testimony will assist you. Your odds of prevailing are usually highest if you do not testify or ask questions of the police officer. You need only be present at the hearing and you can win.
Do I need a lawyer?
If you are going to hire an attorney you are in a much better position to win and have the testimony (sworn and recorded) of the police officers for future use in the criminal prosecution. The DMV hearing is the "gold mine" for the more knowledgeable DUII defense lawyers. If you can afford to hire your own, you will want an attorney for this hearing. If you cannot afford an attorney, do the hearing anyway. You can still win and even though your attorney was not able to cross-examine the police officer, the testimony is still recorded and will be valuable to your attorney later on in dealing with the criminal case.
Is there more to this than a DMV hearing?
Whatever happens at the hearing will not directly effect the criminal side of your case. If you prevail at the hearing, your criminal charge will still exist. The two matters are completely separate and distinct.
Only a small percentage of people who are eligable to have a DMV hearing take advantage of it. That is unfortunate. Remember, your hearing request must be recieved by 4:59 p.m. on the 10th day following your arrest. If you need help filing for the hearing, call. We would be happy to help. Call us.
Is DUII a criminal charge?
It is very likely that you were given a citation (ticket) if you were not taken to jail. If you were taken to jail you were probably given a release agreement as well. Typically, the jail will have you sign the release agreement before you are released from jail. The citation is not signed by you. However, the arresting officer's signature should be found on the criminal citation. Both the release agreement and the criminal citation will have a court date and time listed. You are required to appear in court on that date and time. if you fail to appear, a warrant for your arrest will be issued by the court and you may loose the ability to participate in certain plea bargain programs.
What about other charges?
If you are like most people charged with DUII, you were probably charged with other crimes such as recklessly endanger another person, reckless driving, criminal mischief, or assault. Make sure to check your citations and release agreements to be sure that the same date and time for court is on each document. Sometimes, they are not. And failure to appear can have serious consequences.
If you hire an attorney before your first scheduled court appearance the attorney can sometimes make your first appearance on your behalf. Every county circuit court in Oregon has supplemental local court rules that will spell out the options. Typically, however, if you were not take to the jail when you were arrested, you will need to go to the jail to be finger printed and photographed after your first court appearance. There is pending legislation to require the prints and photo to be taken within 2 days after the first scheduled court appearance. The first scheduled court appearance is called an arraignment.
What's my first court appearance?
If you attend the arraignment you judge will inform you that you are charged with DUII. The judge will tell you that a person commits the offense of driving while under the influence of intoxicants (DUII) if the person drives a vehicle (bicycle is included in the definition of a vehicle) while the person: Has a 0.08 percent or more by weight of alcohol in the blood stream as shown by a chemical analysis of the breath or blood of the person; OR Is under the influence of intoxicating liquor, a controlled substance or an inhalant; OR Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.
The judge will tell you maximum penalty that can lawfully be imposed. The judge will set another court date for you to come back to after you have had an opportunity to discuss the case with a lawyer and review the state's evidence against you.
Will my license be suspended?
If you were driving on an Oregon license and you took a breath test which showed a 0.08% or greater, the police officer should have confiscated your license. He will have given to you the 8.5 x 14 yellow sheet or paper. On the bottom of that paper is a temporary driving permit. You will need to sign the bottom of that form to make the temporary driving permit valid. If you refused a test, and had a valid Oregon license, the same applies to you. If you were driving a commercial vehicle and had a breath test result of 0.04% or greater you are looking at a suspension. If you hold a CDL and were driving your personal car, the implied consent suspension period is the same as for non CDL holders but the licensing ramifications if there is a conviction is more punitive than typical. If you were a minor, any amount of alcohol on your breath as shown on the breath testing device will trigger a suspension process.
The length of the suspension is dependant upon whether you took and failed the test or refused a chemical test, together with your driving record.
How long will my license be suspended?
- Breath / Blood Test Refusal is 1 year with a 90 day wait for a hardship license.
- Breath / Blood Test Refusal increased to 3 years and 3 year wait for hardship license.
- Breath / Blood Failure is 90 days with a 30 day wait for a hardship license.
- Breath / Blood Test Failure is increased to 1 year with a 1 year wait for a hardship license.
- Urine Test Refusal is a consecutive suspension for 1 year with a 180 day wait for a hardship license.
- Urine Test Refusal is increased to 3 years with a 2 year wait for a hardship license.
NOTE: Suspension lengths are increased if within 5 years of the date of arrest the person has been suspended by Oregon DMV for failed or refused a breath, blood or urine test; been convicted of DUI; or participated in a DUII diversion program.
It is best to act quickly after an arrest for DUII. You will want to fax to the Oregon DMV a hearing demand to contest the proposed license suspension resulting from the test failure or refusal. The DVM will schedule the hearing to be held within 30 days of your arrest. The hearing should be held before the suspension takes effect. Typically the hearing is held with 3 weeks of your arrest. You should contact an Oregon DUI attorney.If you contact me I will draft and submit the DMV hearing request to the appropriate agency and provide you with a fax confirmation of receipt. My hearing request forms will also cause the DMV to send you a subpoena duces tecum. A subpoena duces tecum is a document that you can have served on the arresting officer and commanding that officer to attend the hearing with all of the police reports and video. This way, you will have full information to work with at the DMV hearing to defend against the imposition of the license suspension.
After the DMV hearing, if you do not prevail, and 30 days after your arrest, the license suspension will go into effect. Between the time of the arrest and the hearing you will probably not have a Oregon issued picture ID. This can cause a hardship. If you are not able to live without an Oregon issued ID, you can trade out the implied consent combined report's temporary driver license for an Oregon I.D. card. You would loose your ability to drive lawfully, but you would have a picture I.D. The reason being that Oregon DMV will not issue a true driver license to a person would is facing a pending suspension pursuant to the Implied Consent Law. The cost for an Oregon I.D. Card is $44.50.
Does the court suspend my license too?
The court will suspend or revoke your license for a period of 1 year, 3 years or a lifetime revocation. The length of the suspension depends entirely of your criminal history with the exception of successfully completed DUII diversion participants. That is, successful completion of DUII Diversion will not effect the length of the suspension arising from a conviction.
How long will my license be suspended if I'm convicted?
If this is the first conviction there is a mandatory license suspension for a period of 1 year. There is no waiting period before the driver is eligible for a hardship permit. However, as will all court issued suspensions, the hardship permits must be first approved by the sentencing judge and signed by that judge prior to submission to the Oregon DMV.
If this is the 2nd conviction within 5 years of a prior conviction, there is a mandatory suspension for a period of 3 years together with a 90 day wait before the person can submit to the court its approval of a proposed hardship license application. Hardship applications cost $50 for file with DMV.
If this is the third DUII conviction in your life, there is a mandatory, permanent revocation of the driver license. There is no provision for obtaining a harship license. However, you may be eligible for reinstatement after ten years from the date of the latest conviction.
How do I get my license back?
If your license was suspended because of an Implied Consent chemical test failure or refusal you can get your license back after the term of the suspension has lapsed without having to apply for a hardship permit. The license reinstatement fee is $75. If you want to be able to drive during your suspension period, you may be eligible to get a hardship permit. The application costs $50 and you will have to provide an SR 22 (more bellow on SR22) for the period of the hardship permit. You will not be required to install an ignition interlock device.
If this is your first Oregon DUI conviction suspension, you must file, and keep on file for 3 years an SR 22 (this is a statement of financial responsibility/insurance document that you get from your insurance company otherwise known as a Uniform Financial Responsibility Certificate), pay a reinstatement fee of $75, install an ignition interlock device in your vehicle for 1 year and show proof that you completed a court approved drug/alcohol program. Filing an SR22 may cause your insurance company to drop you or raise your premiums significantly.
Can my license be suspended for other crimes?
If you were charged with the crimes of Assault with a vehicle, Criminal Mischief, Reckless Driving, Recklessly Endangering Another Person, Failure to Perform the Duties of a Driver, Hit and Run, there is no implied consent license suspension attributable to the charges. However, if you are convicted the corut will be required to impose a mandatory license suspension of at least 90 days if not longer. Even if the County District Attorney reduces the misdemeanor driving crimes to a violation, the DMV will impose the suspensions just as if you were convicted of a misdemeanor. If this happens you will need to pay a reinstatement fee and keep on file with DMV an SR22.
What's a "habitual offender?"
If you rack up 3 or more major traffic offenses in a 5 year period, the Oregon DMV will revoke your license for 5 years as being a habitual offender. You may think that you the suspension that you recieved in court is the "cap" only to receive a letter in the mail from DMV informing you of bad news.
If I win my DUII trial will the DMV suspension go away?
You would think that would be the fair thing to do. In many states that is what occurs. Not in Oregon. The criminal case's disposition will have absolutely no effect on the DMV implied consent suspension if it goes into effect. That is why it is very smart to demand and participate in a DMV implied consent hearing.
If you obtain an aquittal at trial, your attorney can contact DMV and have a notation entered onto your driving record of that fact. It is an important notation if your employers find your driving record important.
What happens if I get caught driving while my license is suspended?
If your license was suspended only by the DMV for a chemical test failure or refusal, the driving while suspended ticket that you will get from the police officer will be characterized as a Class A Misdemeanor. The maximum penalty for a Class A misdemeanor is 1 year in the county jail and a fine of $6250. You will not get the maximum penalty. But, this is a serious matter and you should use your resources in an attempt to have the charge reduced to a violation. However, if you are not successful, the offense is a major traffic crime and if you receive 3 major traffic crimes in a 5 year period the Oregon DMV will revoke your license for 5 years. A revocation is not good. If your license becomes revoked you will not have the right to get it back. It is up to DMV whether and when to reinstate your driving rights. You will also have to take the driving test over to qualify to a license. It is very inconvenient.
If you were caught driving on a license that was suspended by a circuit court judge the offense will be charged as a misdemeanor or a felony, depending upon the underlying crime of conviction that created the suspension in the first place. The felony offense of DWS is a class C felony and carries with a 5 year prison term and a maximum fine of $100,000. You will not receive the maximum sentence. Far from it. But it is a serious matter and all effort should be made to have the offense level dropped to a misdemeanor. If you are convicted of felony DWS the court will impose an addition suspension period of one year tacked on to the end of the original suspension period.
If you are driving on a suspension that is a result of a DUI misdemeanor conviction you will face a minimum fine of $1000.
If you are driving on a suspension caused only by a chemical test failure or refusal, and you are participating in the DUII diversion program, you will not be terminated from that program. However, if you alcohol in your system when you were contacted by the police the state will attempt to terminate you from DUII diversion program. If when contacted by the police you did not have an ignition interlock device installed in the vehicle that you were driving, you will be terminated from the DUII diversion program. If you are terminated from the DUII diversion program, the judge will proceed to sentence you and you will receive a minimum sentence of 48 hours of jail or 80 hours of community service, 1 year Oregon Driver License Suspension, a fine of $1000, 2 years of probation, a requirement to attend a victim impact panel lecture and attend alcohol/drug treatment classes for a period of 16 weeks.
I really need to drive. Will I be able to get a hardship permit?
If you had a valid Oregon driver License at the time that the suspension took effect you may be eligible for a hardship permit. If your license is revoked, you will probably not be eligible for a hardship permit. If you have a commercial driver license (CDL) you will not be eligible for a hardship permit. You will have to turn in your CDL for a basic class C license. Then, you can get a hardship permit.
If you had an out of state license at the time that the suspension went into effect, you cannot get a hardship permit. If you have an out of state license at the time of arrest and plan on living in Oregon, you should immediately take your driver license (because it will not be confiscated by the office upon arrest or upon a chemical test failure or refusal) and swap it out for an Oregon license. You need to do this before the DMV suspension goes into effect. If you wait until after the suspension takes effect, you will not be able to procure an Oregon license. If you do not have an Oregon license at the start of the suspension period, you will not be eligible to get an Oregon hardship license.
You will not be able to get a hardship permit is your license was revoked for life due to a motor vehicle homicide, a felony DUI or a third DUI conviction.
Oregon law provides that the only driving that you can do on a hardship permit is the following:
- Employment and occupational purposes;
- Education that is required by your employer or occupational training;
- To look for work for up to 120 days;
- To obtained regularly scheduled medical treatment you a member of your immediate family or yourself;
- For transportation to and from work, for work and going to and from alcohol and/or drug treatment.
To get a hardship you need to either go to the DMV office and get the hardship permit application or download it from the DMV online site. You need to fill it out. If your suspension is from the DMV pursuant to an implied consent suspension only, you will not need a judges signature. If your suspension is the result of a criminal conviction, you will need the judge to sign. You will then get an SR22 (Uniform Financial Responsibility Certificate) from an insurance company. If you want, you can get the SR22 from an insurance outfit that specializes in SR22's so as to leave your primary (true) insurance company out of the mix. That trick can sometimes save you thousands of dollars.
Hardship permits are good for 120 days. A hardship permit lets you drive for 12 hours per day, seven days per week if you are looking for work. A permit issued for you to get to and from work and to driving during work will be more restricted. It will be good for only 12 hours per day that you are working. If you attend alcohol or drug classes, that time to drive to that treatment will not be counted against the 12 hours per day limit.
What is the difference between a DUII, DUI, DWI, OVI, OWI, DWAI, OMVI, DWUI, OUI and OUIL?
They are mean almost the same thing. Depending upon the state, each uses a difference variance on the them. In Oregon we use DUII. It stands for driving under the influence of intoxicants. In California, Washington and Arizona they use DUI. It stands for driving under the influence. DWI stands for driving while intoxicated and they use that term in New York, Texas and Missouri. Ohio uses the term OVI for operating a vehicle under the influence of an intoxicant. Massachusetts and Main used OUI for operating under the influence. All said, they crimes are fairly similar, but not exactly so. For example, in Oregon, there must be evidence that the person moved the vehicle by means of a machine before the person is deemed to have operated the vehicle. In many states, only physical control of a vehicle capable of movement is required to establish an element of the offense.
In some states, such as Colorado, there is offense of DWI (Driving while impaired) which has an element that the person's BrAC was a 0.05%. On the other hand, some states punish drunk drivers more harshly depending upon the BrAC result.
Is DUII a criminal offense in Oregon?
In Oregon a DUI is a criminal offense. It can either be charged as a misdemeanor crime or a felony crime. The felony crime requires that the driver have two prior DUI conviction within 10 years of the date of arrest. It used to be, many years ago, that DUII was not a criminal offense. Those days a long gone.
How do I know if the DUI that I am charged with is a misdemeanor or a felony?
If you were issued a citation, the citation itself should indicate if the DUII charge is a misdemeanor or a felony. If you see (f), it is a felony. If you see (m) it is a misdemeanor. If you see neither and "f" or an "m" it is probably a misdemeanor.
If you were taken to the jail and were released, you should have been given release paperwork. The release paperwork will indicate whether the charge was a misdemeanor or a felony.
If you have not had 2 prior DUI convictions in the last 10 years, in Oregon or any other state, then the DUI case should proceed as a misdemeanor.
What are the penalties if I'm convicted of DUII?
If the case is a misdemeanor, the maximum penalty is 1 year in the jail, $6250 fine and a lifetime driver license revocation. The minimum sentence that can be imposed is 48 hours in jail, a fine of $1000 and a one year driver license suspension. You will also be placed on probation for a period of time. On your second DUI conviction the court can impound your vehicle for a year and suspend your registration for up to 120 days. If you are convicted of a DUI as a felony the jail sentence will be at least 90 days up to a prison term of 1 to five years.
Typical DUII Conviction Penalties throughout the state are as follows.:
First Conviction: 18 to 36 months of probation; 2-10 days of jail; $1000 to $2000 fine; $200 fees; 1 year driver license suspension; no intoxicants for the period of probation, Alcohol Assessment ($150), Substance abuse treatment (approx. $1000); Victim impact panel ($25-$50), obey all laws.
Second Conviction: 2 -3 years of probation; 10-30 days jail; $1500 to $3500 fine; Fees; 1 year suspension if the prior conviction was more than 5 years ago otherwise 3 years; otherwise the same as above.
Third of More Convictions: 3 years of probation, 30-180 days jail, $2000-$4000 fine, Fees, Lifetime Driver License Revocation, otherwise the same as above.
Felony: Third or More Convictions: 36-60 months probation, 90 days jail to 5 years prison, $2000-$4000 fine, Fines, Lifetime revocation, otherwise the same as above.
Can I plea bargain a DUII case to a lesser offense like a reckless driving, "wet reckless" or careless driving?
Unfortunately, in Oregon, it is not legal for the prosecutor to plea bargain away a DUII charge to a lesser offense or dismiss the DUII offense upon a plea to any other criminal charge. In most other states in America this is not the case. Not so in Oregon. The only way to avoid being charged with a DUII is to convince the DA not to proceed on the matter as a DUII. But, to do that you need good facts and you will have to move fast.
My ticket has a "base fine" noted on the citation. Will I have to pay it?
The base fine really has nothing to do with the fines that you will be order to pay if you are convicted. For the most part, the base fine is used to calculate what the amount of bail would be if your were to have to post bail. Bail would be 10% of the base fine.
Is there any way I can avoid jail?
Some courts allow an alternative to jail time. Some courts will permit you to do your jail time at home on home detention. There is usually a daily fee to participate in home detention. A typical fee is $30 per day. The home detention program requires that the participant have an ankle bracelet attached to the participant. The ankle bracelet is monitored through an device attached to a hard wired telephone line. The benefit of home detention is that the person will be permitted to leave the confines of his home to attend employment.
If I have a license in another state and I get charged in Oregon for a DUII, will my driver's license be suspended?
If you have an Oregon driver license then Oregon can suspend that license. Oregon cannot suspend your out of state license. However, it can suspend your ability to lawfully drive a motor vehicle in Oregon. For example, if you fail or refuse a chemical test, Oregon DMV can suspend you right to drive in this state. You will be able to drive lawfully in every other state unless you receive notice from the state that issued your license that they are going to suspend your license.
Most states are part of a "Driver License Compact." This compact is an agreement between the states that if you become suspended in one state, the licensing state will take up that suspension and will issue a term of suspension that is the equivalent of the suspension that would have received in the home state if the offense was committed there. Also, as another term of the compact, the suspending state is to notify the issuing state notice of the suspension.
In addition there is a national database called the National Driver Register. Implied consent suspension are listed on this register. Some states will suspend when they receive notice that one of their resident drivers has had an implied consent suspension imposed.
If the home state does not suspend based upon a suspension issued in Oregon, the home state can still make it impossible for you to renew your license until you provide proof that your ability to lawfully drive a vehicle in Oregon is authorized. Often, people will receive a suspension in Oregon and not fulfill the terms of probation or the sentence imposed. That fact will be noted in the registry and will bar your ability to get a license in any other state or renew your license when it expires.
What is an ignition interlock device and do I have to have one installed in my vehicle?
A ignition interlock device is a breath alcohol testing machine that is attached to the ignition system of your car. To start your car you will need to provide a breath sample that is free from alcohol. If the device registers alcohol the vehicle will not start and the fact that there is alcohol in your system will be noted in the devices computer memory. Eventually that data will be downloaded during a scheduled maintenance check of the device. The evidence of the "fail" would be submitted to the county probation department and ultimately the court. The consumption of alcohol while you are on probation will constitute a probation violation. If you have been to violated the terms of your probation the court can, and usually does, sentence the person to jail term.
An ignition interlock device is also part of the DUII Diversion Program. For 1 year, the device needs to be installed in every vehicle that you drive. You cannot drive a vehicle that is not equipped with an IID. If you register a "fail" it would be grounds to terminate you from the diversion program. If you are terminated from the diversion program the court will sentence you just as if you had gone to trial and been convicted. If you are caught driving a vehicle that does not have an ignition interlock device installed, and you are participating in the diversion program, that would also constitute grounds to terminate your participation. In addition, you will be issued a citation for a Class A violation and has a substantial fine imposed.
If I drive a company car do I need an ignition interlock device in that vehicle?
Fortunately, there is an exception for vehicles that are owned by your employer. To lawfully operate an employer's vehicle you will need written authorization from the company acknowledging that they are aware that you are required to have an ignition interlock device for your participation in a DUII diversion program.
After my DUII case is over will I be able to expunge or seal the offense from my record?
There is no way under the current Oregon law that a DUII conviction or diversion or arrest can be removed from your criminal or driving record. The only way to have it removed is to either have the case dismissed through a contested proceeding or to be acquitted after a trial. In all other circumstances, the stain of the arrest, diversion or conviction remains forever.
What does it cost to hire a DUII lawyer to represent me?
When you are charged with a DUI you have a big decision to make. Do I hire an attorney? (The answer is "Of Course".) Do I fight the the driving under the influence charges? (That is why you want a lawyer, to help you get the right answer to that question.) But, hiring the wrong attorney is sometimes worse than hiring no attorney at all. If you get wrong, incorrect, or incomplete advice, and therefore make bad decisions about your case, you will probably regret it IF you every become aware of your mistake. For most people, hiring an attorney may seem like an expensive option. But the truth is, it is not. A good lawyer who knows his "stuff" can educate you on all of the fine points in your case in a short period of time. Lawyers charge by the hour. You can buy just the time that you require, or you can work out a "Flat Fee" for any of the segments of your case that need representation.
DUI Attorney Fees
Attorney fees for your DUII arrest will vary from attorney to attorney. Some offer payment plans. Some charge by the hour. Some offer "flat fees." Once you know more about your case, you will be able to pick the right method of payment that is best for you. Just be aware, that while you may be thinking that the legal fees are a great expense at first, it is a minor expense compared to putting a DUII on your record. you don;t want to do that if there is another option.
Can I visit Canada if I have a DUII?
If you receive an implied consent suspension for a breath test failure of refusal you will be barred from entry into Canada.
If you enter a guilty plea or no contest plea to get into Oregon's DUII Diversion program, you will be barred from entry into Canada.
If you are convicted of and Oregon DUII offense, you will be barred from entry into Canada.
Typically, 10 years will have to pass from the date of the suspension or the conviction or completion of the DUI Diversion Program before the restriction on entry is lifted. Under certain circumstances, the bar can be lifted after 5 years if a certificate of rehabilitation and appropriate paperwork is submitted and accepted by the Canadian consulate. For further information you will need to contact the Canadian Consulate.
Do I need a lawyer for my first court appearance?
It is a good idea to have a lawyer with you whenever you are in court and facing an adversary. However, many people do not know any better and attend court without a lawyer. It is not a fatal mistake, but mistakes are usually made in the beginning of a case without the person ever being aware.
If you do not have an attorney at your first court appearance, the court will advise you that having a lawyer assist you is a very wise decision. The judge will tell you with the charges that you are facing along with the relevant maximum penalties. The judge will ask you if you want to enter a guilty plea. You should always tell the court that you need to consult with an attorney before making any decision as to a plea to a criminal charge. If you cannot afford an attorney (and the judge will ask you if you can afford your own attorney) the court will appoint a public defender to help you. The public defender will say a few words and then you will be released from court with paperwork indicating the courts requirements.
If you elect to have a public defender represent you if it very important that you treat that lawyer with respect. Public defenders are generally over worked and under paid. They have many clients who are all pulling on them. If your public defender seems cold and matter of fact about your case, try to understand that your lawyer may be feeling worn out. Cut them slack. After all, you are getting a lawyer to help you for an incredibly small amount of money.
How do I get my vehicle back if it was towed or impounded by the Ashland, Oregon, police department as a result of a DUII arrest?
If your vehicle was impounded or towed as a result of a DUII arrest in Ashland Oregon, you will need to go to the Ashland Police Department at 1155 E. Main Street in Ashland, Oregon to obtain a release form. The Ashland Police will release the car to the registered owner, who must provide them with proof of insurance, a valid licensed driver, I.D. and $105 in cash for the processing fee. The tow lot will an additional fee.
If you have been charged with a crime other than DUI, the most important action that you can take is to photograph the scene, gather the names and telephone numbers of all witnesses, and preserve as much evidence as possible.
- I have a commercial driver license. If I am convicted of a DUII and have a CDL how long will the suspension be for?
- For how long will my CDL be suspended if I failed or refused a breath test or other test?
- I am a licensed pilot. Do I need to be aware of anything special?
- I am an United States Coast Guard licensed mariner. Do I need to be aware of any special concerns?
- I am licensed by the Oregon Liquor Control Commission (OLCC) and have a permit to serve alcohol. Will a DUII cause me problems with the permit?
- I am an Oregon health professions. Are there special concerns that I need to be aware of if I am arrested for a crime or a DUII?
- Are there special programs for professionals that have drug or alcohol problems?