Straight Talking on The Law

In Oregon, No Drinking During DUI Diversion

By: Jennifer Robins, Oregon DUI Attorney

Often time, client who are considering entering diversion on an Oregon DUI charge ask me, “can I still drink while I am on diversion?”  Until recently, my answer would have been yes, with exceptions.

Oregon’s former DUII Diversion laws generally prohibited consumption of alcohol in two instances. First, no alcohol in conjunction with operation of a motor vehicle. And second, no use of alcohol if your treatment program required abstinence. Otherwise, I advised clients that it wasn’t a violation of the Oregon diversion to consume alcohol during diversion.

However Oregon House Bill 2103, enacted June 23, 2011, now totally prohibits the use of alcohol during the entirety of the DUII Diversion program.  This means anyone who enters the diversion program will be prohibited from participating in a champagne toast during a wedding, enjoying a beer during a backyard BBQ, or having a glass of wine during a nice dinner out. 

House Bill 2103 applies to anyone who enters the diversion program after the June 23 date, whether or not the incident date was before June 23.

The consequences for violating this provision of the new law are severe, including revocation from the diversion program, jail time, a lengthy license suspension and mandatory fines totaling well over $1,000.00.  Anyone who is facing a charge of driving under the influence of intoxicants should consult with an attorney who is familiar with the recent changes in DUII law and be fully advised.  

 

Oregon DUI Diversion For Armed Forces Defendants

By: Jennifer Robins, Oregon DUI Attorney

Oregon’s DUII Diversion program generally allows someone charged with their first DUII to complete a course of treatment (among other requirements) and, if done so successfully, to have the criminal charge dismissed.  Diversion is only a year long program that allows for one six month extension.

Until recently, active members of the United States Military have either been denied entry into diversion, or have been revoked from the diversion program, because  they were required to serve tours overseas, affecting their ability to complete the diversion program within 12 or 18 months.

Oregon House Bill 2702 has eliminated this perceived discrimination against active duty military members in two ways:

1. Active duty service members are no longer denied entry into diversion, simply because they are facing deployment overseas and;
2. Active duty service members will be allowed extensions or stays in order to complete treatment requirements.

The new Oregon DUI law also allows active duty service members to complete treatment during their tour overseas if there is a comparable treatment program to the program that would normally be completed in the United States.  There are also provisions allowing service members to appear at certain court hearings through their attorney or via telephone or other telecommunication devices, if possible.

If you are active duty military and are charged with a DUII, please contact our office for a free 15 minute phone consultation with an experienced Oregon DUI Attorney. 

These changes in DUII Diversion laws are important and if you're in the armed forces, they may greatly effect your criminal and driving record.

 

Measure 73 - New Oregon DUII Laws

By: Robert Harris, Harris Law Firm

Oregon voters approved Measure 73 this week. Measure 73 changes Oregon criminal law for driving under the influence of inoxicants (DUII) and for certain sex crimes. Under Measure 73 certain repeat sex offenders may be subject to a 300 month minimum sentence. And third time DUII offenders will face minimum jail of 90 days. And, the DUII is a felony  if it's the offender's third DUII offense in the prior ten years.

I just want to address the DUII portion of Measure 73 here.

Justice: United States of America vs. William Reuhle

By: Robert Harris

For anyone who doesn't worry about the danger of handing too much power to prosecutors, or who wonders about the need for independent and effective judges or the separation of powers, the transcript of the ruling by the Federal District Court Judge in the case of United States of America vs. William J. Ruehle is a must read. Download Ruehle opinion

The judge in this case, Judge Cormac J. Carney, is no soft on crime liberal. He was nominated by George Bush to the Federal Bench in 2003. Enough said, the transcript speaks for itself.

U-Visa: Immigration Relief for Crime Victims

 

By: Susan Jost, Immmigration Attorney

Undocumented victims of crime present a particular problem for law enforcement. They are afraid to report crimes, are leery of dealing with law enforcement, and are often times afraid to go to court. In response to this reluctance, and to encourage victims of crime to come forward, the government has wisely decided that in some cases, public safety should trump immigration immigration violations.

The U Visa is a nonimmigrant visa, made available to non-citizen victims of certain crimes.  The U Visa is given for a maximum period of four years and is not renewable unless law enforcement officials certify that the victim’s presence is necessary to assist in the investigation or prosecution of criminal activity.  There is a limit of 10,000 U Visas issued each year.  After three years, a U Visa holder may apply for adjustment of status, which means they may apply for a green card without leaving the United States.  

 

Oregon License Suspension Hearings for DUII Arrest

By: Robert Harris

If you're arrested for a DUII in Oregon you were asked to take a breath test. If you failed the test, or refused to take it, your license was suspended for anywhere from 90 days to three years. The only to way to avoid the suspension is to ask for, and win, a DMV hearing.

Strict Time Limits Apply

If you're arrested for a DUII you were likely asked to take a breath test. If you refused the test, or took it and blew a .08 or higher, you were given a notice of license suspension by the officer. That suspension starts thirty days after your arrest. The suspension is from 90 days to three years, depending on your prior record, and whether you failed the test or refused to take it. The only way to avoid a suspension is to request, and win, a DMV hearing. You have to request the hearing within 10 days of your arrest. If you fail to ask for the hearing, or make a mistake in how you ask for the hearing, then you lose your right to object to the suspension and you'll lose your license. If you're going to contest the suspension, you should consider hiring a knowledgeable lawyer to request the hearing on your behalf.

DUII, Drunk Driving, License Suspension in Oregon. Ask Me Now!

By: Robert Harris

Open forum this week for issues related to Oregon DUII laws. Also known as DWI, or drinking and driving. If you have questions on Oregon DUII laws, diversion, license suspension, probation, alcohol treatment requirements, arrests for DUII, or other DUI laws or consequences, post a comment here and I'll try to respond within 24 hours. Or, you can email me confidentially. But a post here would be nice. Many people probably have the same questions as you. You can also get more information on DUII laws and what we can do for you at our website.

Now for the legal disclaimer:There is absolutely no substitute for reviewing police reports and having and actual face to face give and take conversation with a client. Any advice here does not constitute the establishment of an attorney client relationship.We represent clients in Washington, Multnomah, Clackamas, Columbia, and Yamhill Counties.

Attorney General Wants to Be "Smart on Crime"

By: Robert Harris

In a speech before the American Bar Association House of Delegates this week, Attorney General Eric  announced a pronounced change in how the Department of Justice will address crime.

General Holder announced  an shift to evidence based sentencing, ofter referred to as  Smart Sentencing. This is a pronounced change from the previous administration, which emphasized the punitive aspects of sentencing.

The philosophy of Smart on Crime is that by using empirical evidence on what works to reduce recidivism, and by evaluating the resources available,  we will be able to formulate sentences that get the most bang for the buck.

Oregon has two strong advocates of Smart Sentencing. Rep. Chip Shields, (D-Portland) and Multnomah County Circuit Judge Michael Marcus, who has a website devoted to Smart Sentencing.

It has never ceased to amaze me that so many "tough on crime" advocates refuse to even consider evidence based sentencing. Shouldn't reducing crime and protecting our communities and our families should be job one? And if that means more drug/alcohol treatment, job training, fewer prison beds, fewer victims and all at less taxpayer expense, why is that objectionable? 

Increased Earned Time in Oregon: HB 3508

By: Robert Harris

As part of cost cutting measures, the Oregon Legislature enacted House Bill 3508 (HB3508).

HB 3508 increases earned good time for certain felony offenders, which will result in early release for many felony offenders. This is a jail space issue. The reason the legislature wants to free up some jail beds is in preparation to fill them up again for those repeat property offenders that will be receiving increased mandatory prison sentences under Measure 57, which the legislature wrote and the people passed November 2008.

So, because of the budget crunch, it's become a sort of musical chairs at the Department of Corrections. When you Increase the penalties for property crimes without increasing prison beds, you have to release currently incarcerated prisoners to make room for these new arrivals.

Here you can find a summary of eligibility and the process for granting increased earned time.

I Was Arrested for DUII. Now What?

By: Robert J. Harris

The holidays bring office parties, open houses, and, here in Oregon and especially Portland, Washington County, Multnomah County and Clackamas County,  DUII saturation patrols.

There are more DUII arrests in the 30 days between Thanksgiving and Christmas than any other 30 day period of the year. By far.

So if you are one of the unfortunate individuals who was charged with DUII. What do you need to know?

First off, there are two separate enforcement actions that may be taken against you.

The first is a Oregon Department of Motor Vehicles sanction. If you either failed the breath test (you blew a .08 or higher for most people, or a .04 or higher for a CDL, and any amount for someone under 21 years of age) or you refused the breath test, then DMV will suspend your license. The suspension starts 30 days after your arrest, and can be anywhere from 90 days to three years in length. And, if you are an "habitual offendor" your Oregon license could be suspended for 5 years. You may be eligible for a hardship permit during part of your suspension.

You can contest the Oregon DMV suspension, but you MUST ask for a hearing within ten days of your arrest. So its vital that you immediately contact an experienced Oregon DUII lawyer if you are arrested.

The second sanction is the Criminal Sanction. If you're arrested, you need to go to Oregon Circuit Court. There you will be formally charged (arraigned). In some cases, you may be eligible for Diversion. Under Oregon DUII law, in some circumstances a person who was arrested for drinking and driving can avoid a conviction if they complete an alcohol treatment or eduction program. However, in order to take advantage of that program, you need to plead guilty. If you complete the program, in one year the guilty plea is vacated and the charge is dismissed. Before you jump at the chance for diversion however, be aware that pleading guilty can have serious ramifications. So before you decide to enter into the diversion program that the court staff wants you to enter, you should seek the counsel of an experienced Oregon DUII lawyer.

In Oregon, a fourth DUII within a ten year period is a felony and it WILL result in prison time and a lifetime license suspension.

An arrest for drinking and driving has serious consequences on you, your family, and your job. Its important that you seek immediate assistance from a qualified Oregon lawyer, who can discuss your options and fight for your rights.

Our office has several experienced lawyers able to assist you. Our lawyers work with DA's and appear in court on a daily basis. Working as a team, sharing information and tactics,  and using the best technology, we are able to keep up with the most current developments of DUII law, and deliver top rate representation.

Call 503-648-4777, or contact us now for a consultation.