DUI Defense Lawyer Portland, DUII Defense Beaverton, DUI Attorney Hillsboro, Oregon City. Mr. O'Rourke and his staff work as a team for you. In every DUII / DUI and Felony DUII case there are four areas in which we. Although most of Attorney O'Rourke's cases as a DUII and. Felony DUII defense lawyer are in Multnomah, Washington and Clackamas. DUII and Felony DUII throughout. Oregon and south- western Washington. Call us for a free telephone consultation at 5. Gresham and Oregon City, Oregon. If you are revoked from the DUII Diversion Program. The Washington County DUII Diversion program is a criminal court program designed for individuals who have been charged with a first time DUII charge. The program lasts a minimum of one year, and there are a number of special. Oregon's DUII diversion program was a deal that was just too good to turn down for most people. Oregon's new rules encourage fighting DUII charges. Washington County; More Local News; Mobile. David Lesh is a highly rated Oregon DUI lawyer providing criminal defense services to persons charged. What about the DUII diversion program? Clackamas County, Washington County, Clatsop County. Oregon DUII Diversion. Douglas County, Jefferson County, Multnomah County, Washington County, Clackamas. And that can be a particular problem for a first time DUII defendant. Here's how the new Washington County reckless diversion program. Harris Law Firm attorney regularly practice in Washington. DUII case here. If you are arrested for DUII, DUI or Felony DUIIIf you are arrested for DUII or Felony DUII in Oregon, you will be asked. If you fail or refuse the test, your. Oregon drivers license will be confiscated and you will be given an Implied Consent. Combined Report suspending your license with or without a temporary 3. You have 1. 0 days to request a hearing to contest your. If you do not win the DMV HEARING the license. DUII Diversion Program. A prerequisite to entering into the Oregon diversion program is that you will be obliged to. Areas Served: Clark County Washington, Cowlitz County Washington, Washington County Oregon. Oregon Judicial Department. EXPLANATION OF RIGHTS AND DUII DIVERSION AGREEMENT. You may apply for the DUII Diversion Program but can enter the program only if you meet all eligibility requirements. DUII Diversion Form 3 PETITIONER SWORN STATEMENT OF ELIGIBILITY. I have never been convicted of a felony DUII offense in Oregon or any other place. Information about the ' Oregon DUII Diversion Program ' is provided here only for educational purposes related to. Oregon law provides for a diversion program for individuals who have not been convicted of DUII in the. You may be able to get a Hardship Permit. You will be given a. Citation or Release Order requiring you to appear in Court on a certain day. If you are eligible for Diversion, you must file your application. Diversion within 3. If the DA objects to your. Diversion, you have a right to a hearing upon whether or not. Diversion. If you are not eligible for Diversion, your. Do not plead. guilty without first consulting with an experienced Oregon DUII and Felony. DUII lawyer. Misdemeanor DUII Misdemeanor DUI. In order to convict you for misdemeanor DUII the State must prove that (1) on a certain. Oregon (4) you (5) were driving (6) a. The State can prove that you were under the influence of intoxicants by showing that you had a blood alcohol content of . UA, or by the observations of the police officer, including his observations of your driving, speech, balance, physical appearance and performance on field sobriety tests, or by showing that even though you were below . See the Oregon State DUII Statute here. Convicted. persons are placed on at least 1. There is a mandatory 1 year. District Attorneys normally recommend jail upon a first DUII conviction. The law. requires the judge to impose a minimum of 4. Normally, the Multnomah County District Attorney will recommend 1. DUII conviction. The exact recommendations will depend on the. Other counties are more or less severe. A conviction for DUII also requires certain minimum fines: a first conviction carries a mandatory fine of $1,0. In some. cases we are able to avoid the 9. There is a minimum fine of $2,0. Sometimes these fines can be reduced. If you have two prior convictions for DUII in Oregon or any other state within. DUII citation, it can be charged as a. Upon conviction, you will be subject to the Oregon Felony Sentencing. Guidelines. Depending upon your prior criminal record, the Presumed Sentence. Your actual sentence may be higher. Presumed Sentence. As of January 1, 2. DUII / DUI can not be used as predicate offenses for Felony DUII / DUI charges, if the BAC was under . The District Attorney must plead and prove each prior conviction. It. is critical to have a lawyer examine each prior conviction to test it's. DUII. Every person's case is unique and presents opportunities to. We consistently obtain good. DUII cases, including those with multiple prior. See the Oregon State Felony DUII statute here. For a first conviction for DUII. For a second conviction, your license. For third or subsequent qualifying. Temporary License. Upon failure or refusal of a breath, blood or urine test, the police. Oregon drivers license and give you an Implied Consent. Combined Report which includes a temporary license to drive for 3. Hearing Rights. Within 1. Implied Consent. Combined Report, you must file your Implied Consent Hearing Request with the. DMV Hearings Division in Salem, Oregon to get a hearing to contest the. Late filings are possible under certain circumstances. It is not. easy, but we win a percentage of these hearings. If you win, the. suspension order is revoked and will have no effect. Hardship Permit. Hardship Permits are available to most persons convicted of DUII after a. DUII and or. other convictions. Hardship Permits are available for persons whose drivers licenses have been. Implied Consent Laws for failing or refusing breath. We will guide you through every step of the Hardship Permit application process. We provide free consultations to determine whether or not a. Diversion Program. If the State objects to entry into. DA must prove the person is. In some cases, a person may be eligible for Diversion even though. DUII conviction. If you are being denied Diversion because of. DUII you should have an experienced lawyer evaluate the. DUII Diversion Petition - A Contract. In general, Diversion is a contract between the accused, the Court and the. District Attorney. The defendant promises not to drink and drive, to pay a. County Alcohol Assessment, to attend. Victim Impact Panel and to successfully complete the level of. County evaluator. The defendant must also agree to remain abstinent from alcohol and drive with an ignition interlock device installed in any vehicle they drive during the Diversion period. The defendant is given 1. If there is no more drinking and driving and all of the diversion requirements. Court for the completion of the Diversion Program. Between 1. 0 and 3. Diversion do not complete. Program. Almost everyone we represent from the beginning of the case. Diversion Program. We guide our clients through every. Diversion process. Ignition Interlock Requirements for Diversion Exceptions. As of January 1, 2. Diversion Program are required to have an. Diversion period. This is not monitored by the Departmenr of Motor Vehicles. If a person drives. If the State. proves that you have not kept your promises, and the Court does not allow you to. Diversion Program, you will be convicted and sentenced for DUII. If. the state proves a violation the Court can immediately impose a sentence. In. Multnomah County the sentence will usually include at least 1. Even if the State proves a violation, the Court can still continue you in the. DUII Diversion Program. We have excellent results in keeping clients in the DUII Diversion Program even. Another DUII While in the DUII Diversion Program. Many persons receive DUII citations while they are still in the DUII. Diversion Program. If you are revoked from the DUII Diversion Program, you. Diversion to conviction and are sentenced on the DUII charge which. Diversion. If you are convicted on the new DUII charge you will then. DUII conviction. In Multnomah County we often see. We get very good results. Probation Violation Proceedings. Formal or Enhanced Bench Probation. If you are convicted of DUII and fail to perform any of the requirements of. Penalties for violations range from. Often, sentences fall somewhere in. We have success in keeping clients on probation and out of jail. When people fail to appear at a hearing the Court will issue a “no bail” bench. It is not unusual for people to wait in jail for. If you get a hearing notice, or you have already missed your hearing, contact an. We have good success in scheduling out of custody hearings. Related DUI Charges. Often, clients are charged with related offenses along with the DUII charge. In multiple charge cases we have to defend the related. DUII. Frequently, we are. O'Rourke's vast experience as a Portland criminal. DUII and related driving crimes. The same. legal issues, evidence and witnesses involved in personal injury vehicle. DUII and Related Charge cases. His knowledge of. Most Frequent DUII Related Chargesand Current Statutes Reckless Driving - . ORS 8. 11. 1. 40. Criminal Mischief In The Second Degree - . ORS 1. 64. 3. 54. Reckless Endangering Another Person - . ORS 1. 63. 1. 95. Assault In The Fourth Degree - . ORS 1. 63. 1. 60. Assault In The Third Degree - . ORS 1. 63. 1. 65. Assault In The Second Degree - . ORS 1. 63. 1. 75. Manslaughter In The First Degree - . ORS 1. 63. 1. 18 Manslaughter In The Second Degree - . ORS 1. 63. 1. 25. Failure To Perform Duties Of Driver When Property Is. Damaged (Hit and Run) - . ORS 8. 11. 7. 00. Failure To Perform Duties Of Driver To Injured. Persons (Hit and Run) - ORS. Fleeing Or Attempting To Elude A Police Officer. Vehicle) - ORS. 8. A) Fleeing Or Attempting To Elude A Police Officer (On. Foot) - ORS 8. 11. Failure To Take A Breath Test - . ORS 8. 13. 0. 95. Driving While Suspended (Misdemeanor) - . ORS 8. 11. 1. 82 (1) and (4)Driving While Suspended (Felony) - . ORS 8. 11. 1. 82 (1) and (3)New Crimes, Effective January 1, 2. Aggravated Vehicular Homicide. Manslaughter in the First Degree. Assault In The First Degree. New Crimes, Effective January 1, 2. Refusal to Submit to Urine Test - ORS 8. Below are general descriptions of how each DUII Related Crime may be committed. DUII, and proven by the state and the consequences of conviction for each. Call us for a free. There are. many ways to avoid conviction or minimize the consequences of conviction of DUII. The State has to prove every element of each crime beyond a. Get an experienced lawyer to evaluate. Reckless Driving - . ORS 8. 11. 1. 40. If you are DUII and your driving causes an accident, or a police officer. Blood Alcohol Content and. Reckless Driving. Being too intoxicated to. A higher BAC (Blood Alcohol Content) and. This “reckless” mental state is an element. DUII related crimes discussed below. For a first conviction, your. For a second conviction. A Hardship Permit is available with no waiting period. Your criminal history and. Criminal Mischief In The Second Degree - . If you are DUII and you are at fault in causing damage to property, other than. Criminal Mischief In The Second Degree. For. example, 3 separate damaged mailboxes can result in three separate charges. Each charge. carries maximum penalties of up to one (1) year in jail and a fine of up to. For a first conviction your drivers license will be suspended for ninety. For a second conviction within five (5) years, your drivers license will. For a third conviction within five (5) years. A Hardship Permit is. Your. criminal history and your conduct before and after the incident and during the.
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