Comprehensive DUI & DUII Defense Attorney
If you are arrested for a DUI (also called DWI or DUII) you need a Top Rated DUI Defense lawyer. Our attorneys are highly specialized defense lawyers who will make a difference in your case. Each case is treated individually, with personal attention to your individual needs.
We understand the stress, fear, and uncertainty that is a natural part of being arrested for any crime, and particularly when being arrested for DUI. Let’s take the time to talk about your case and discuss your concerns. We know we can help!
FAQs for DUI & DUII Salem Defense Attorney
In Oregon, the crime often referred to as “drunk driving” is more correctly Driving Under the Influence of Intoxicants (DUII). An intoxicant can include alcohol, marijuana, inhalants, and controlled substances (prescription medication or drugs like methamphetamine, cocaine, etc). In other states, the crime is called Driving While Impaired (DWI) or Driving Under the Influence (DUI). All of these crimes involve driving a vehicle on premises open to the public while under the influence of some type of intoxicating substance. In Oregon, and in many other states, you can be guilty of Driving Under the Influence of Intoxicants if your blood alcohol level is over .08% or if you are impaired to a noticeable degree by an intoxicant (such as alcohol, marijuana, or a controlled substance). Regardless of what you call this driving crime, our attorneys are experienced in defending individuals charged with DUII throughout Oregon.
CALL OUR OFFICE IMMEDIATELY! Our number is 503-362-6528. If it is after hours, you can press 5 for an Urgent matter to be connected with one of our attorneys.
Our attorneys are in a courtroom almost every day of the week representing individuals just like you. We have deep trial experience in every aspect of DUI defense, as well as deep experience in almost every other type of criminal charge in Oregon.
We have successfully litigated these cases to verdicts in front of judges and juries throughout Oregon. We have access to the very best expert witnesses in the field, and can give your case the individual, personalized attention that it needs if you intend to take your case to trial.
We pride ourselves on handling each persons case in a professional, personal manner, making sure that the judge and jury hear your side of the story in the way you want that story to be told.
Not all attorneys are comfortable in a courtroom, standing in front of a judge or a jury. At Gunn & Gunn, all of our criminal and DUI attorneys are trained, experienced, competent litigators and look forward to helping you through all stages of your trial.
Absolutely! In fact, most of the work done by criminal and DUI defense attorneys is to help people who did violate the law. For clients who are not interested in taking the case to trial, but who want to make sure that they sentence they receive is fair, hiring one of our attorneys is the right choice.
We can help you with court appearances, reviewing police reports, advising you regarding possible defenses you may have, advising you regarding the consequences of the charge you face, and negotiating the best possible outcome for your unique circumstance.
Most importantly, we will stand by you all the way, and make sure that the judge and the prosecutor see you as an individual and not simply another case.
For many people, a DUI charge is the first time they have ever been arrested. Being charged with DUI can happen to anyone. Under Oregon law, you are presumed to be under the influence of intoxicants if your blood alcohol level is .08% or greater.
Many people don’t even realize they have had too much to drink at this level. In fact, many first time DUI clients are surprised by their breath test results because they did not feel that they were under the influence.
Fortunately, the Oregon law allows you to avoid a criminal conviction for DUI, if you are willing to participate in an educational program called the DUII Diversion program. If you complete a DUII Diversion program, then the criminal charge will be dismissed, you will NOT face jail time, will NOT need to complete community service, will NOT lose your license for a year, and will NOT pay a significant fine to the court.
Though a diversion is often the best choice for almost every first time DUI, each case is different, and simply entering the diversion program without the help of an experienced DUI lawyer is not a good idea. If this is your first DUI, we offer a free consultation, and charge affordable fees to help you from start to finish. Let’s work together to get your DUI dismissed!
If you have not had a DUI in the past 15 years, then even if this is the second (or third) time you have had a DUI, you may still be able to participate in the DUI diversion program. If it has been less than 15 years, then a Diversion is not going to be an option.
If this is DUI number two, it is even more important that you speak with an attorney and hire an experienced DUI lawyer. Under Oregon law if you are convicted of a DUI, the court must impose a mandatory minimum sentence which will include: 18 to 36 months of probation, 48 hours in jail OR 80 hours of community service, a 1 year license suspension, a fine of $1,000 (depending on your BAC), and court fees of around $400.00.
With the assistance of an experienced DUI lawyer, this is likely the sentence you would receive if your other DUI is at least a few years ago and you do not have a long history of DUI offenses.
If this is your third DUI arrest, you should not hesitate to hire a DUI lawyer. The range of sentences imposes if you plead guilty is highly dependent upon the nature of the incident, your past alcohol history, and the experience your attorney has in representing individuals in DUI cases and in other criminal cases.
Sentences for third and subsequent DUI charges range from a few days in jail to several months in jail. We have handled hundreds of DUI cases, and we would be happy to talk to you about your individual situation.
Though we cannot guarantee any particular sentence or result, we can certainly give you an idea of what to expect and can work with you to make sure any deal you make is the best that can be negotiated.
In Oregon, there you may be charged with a Felony DUI if any of the following are true: (a) you have three (3) prior DUI convictions within the past ten (10) years, (b) you have two (2) prior DUI convictions within the past ten (10) years, or (c) you have previously been convicted of a felony DUI.
If that seems a bit confusing, that is understandable. That is because in Oregon there are two “categories” of felony DUI charges. Each “category” carries a different crime seriousness rating and therefore, a different possible sentence. If you have three prior DUI convictions in the past ten years, then your crime seriousness rating would be a “6”. If you only have two prior DUI convictions in the past ten years, then your crime seriousness rating would be a “4”.
The mandatory minimum sentence for a Felony DUI in Oregon is 90 days jail and a lifetime revocation of your license. If you have three prior DUI convictions, you are likely facing between 18 and 60 months in prison along with a lifetime revocation of your license.
With this wide range of consequences, the only way you are going to know the likely outcome of your case is to speak to an attorney who can look at your case with experienced eyes, has an excellent reputation for criminal defense, and will take the time needed to work out the very best outcome possible.
If you have been charged with a felony DUI, you need the most experienced DUI lawyer you can afford to hire. Period. Don’t wait, call and speak to one of our attorneys.
With the legalization of medical marijuana there has been a dramatic increase in individuals charged with DUI involving marijuana and other controlled substances. Unlike with alcohol DUI cases, where there is a specific blood alcohol level (.08%) there is no specific level to determine if an individual is under the influence of marijuana or a controlled substance.
The lack of a specific scientific test makes defending these types of DUI cases more complex because the judge or jury must rely upon the quality of the arresting officers training and testimony. This means that the specific observations noted by the officer become the focus of our investigation and provide avenues to attack the state’s belief that you were under the influence.
Whenever someone is charged with a marijuana DUI or a controlled substance DUI, you need an attorney that has experience with these types of cases. We have been handling DUI cases since 1972 and we know how to defend marijuana DUI’s. Give us a call and we will be happy to meet and discuss the unique factors present in your case and help you put together the best defense for your individual circumstance.
Under Oregon law, you may be arrested for the crime of Driving Under the Influence of Intoxicants (sometimes referred to as DUI or more appropriately DUII), if a Police Officer believes that you were driving a motor vehicle, (including bicycles, recreational vehicles and boats) on a premise open to the public, while you were impaired to a noticeable or a perceptible degree by an intoxicant. Intoxicants include not only alcohol and illegal drugs, but may also include prescription medications and inhalants.
Under Oregon’s Implied Consent Law, by driving a motor vehicle you have “implied” that you will consent to a search of your breath, blood, or urine if you are arrested for Driving Under the Influence. If your blood alcohol level is shown to be .08% or greater, you will be deemed to have “failed” the breath test. If you are under the age of 21, any amount of alcohol in your blood is grounds for a suspension of your license.
If at the time of your arrest, you have a valid Oregon Driver License, the officer will confiscate your license and issue a temporary “license” or permit for 30 days. After 30 days, however, that “permit” is no longer valid.
You are entitled to request a hearing regarding any proposed suspension of your license. However, you must request that hearing within 10 days of your arrest. If you fail to make a timely request, you will not be entitled to a hearing, and the proposed suspension will take effect without further notice or opportunity for a hearing.
Suspension lengths vary. If you are arrested for driving under the influence of intoxicants and you:
- Take a breath test and fail it – DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year.
- Refuse to take a breath test – DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.
- Refuse to take a urine test – DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years. The suspension for refusing a urine test will not start until any other implied consent suspension (even from the same arrest) is over.
- Refuse to take a blood test while receiving medical care in a health care facility following a motor vehicle collision – DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.
- Fail a blood test while receiving medical care in a health care facility following a motor vehicle collision – DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year. This suspension will begin on the 60th day after DMV received the report that you failed the test. DMV will send a suspension notice to the address on your driving record to inform you of the suspension dates. The officer will not confiscate your driver license and issue a 30-day temporary driving permit. You are required to return any license in your possession to DMV when the suspension begins.
If you are arrested for DUII (DUI), you should immediately contact an attorney to discuss your case. Because you must take action within 10 days of the date you are arrested, it is important that you not delay speaking to an attorney. Our firm understands the urgency of such cases, and we are to speak to you by telephone or in person immediately.
If an individual has not been convicted of a DUII (DUI) or participated in a DUII Diversion program within 15 years, that individual may be eligible for entry into the DUII Diversion program. A Diversion allows the individual to avoid a criminal conviction for DUII (DUI), and many of the most serious consequences that flow from a conviction.
Certain individuals are not eligible for a Diversion. The following make an individual automatically ineligible to participate in a Diversion:
- Holding a Commercial Drivers License (CDL)
- Operating a Commercial Vehicle at the time of arrest (CDL or not)
- A prior DUII (DUI) or Diversion within 15 years
- An accident involving injury to another person
- A conviction, or pending charges, for certain serious traffic crimes (murder, manslaughter, assault, criminally negligent homicide, arising from the operation of a motor vehicle)
In order to participate in a DUII Diversion program, the individual is required to enter a plea of “guilty” or “no contest” to the criminal charge. If the individual thereafter fails to complete the diversion, the plea cannot be “undone” and the individual is simply convicted of the crime as if found guilty at trial. Therefore, before electing to participate in a diversion, it is important to speak to an attorney regarding your case, and to explore any possible defense you may have to the charge or any possible alternative resolution to the case.
If a diversion petition is granted, the court will place the case “on hold” for one year. The individual will then be required to do the following:
- Pay a fee to the court ($490.00 +/-)
- Complete an alcohol/drug evaluation and pay the fee ($150.00)
- Complete an alcohol/drug treatment program (cost varies by provider)
- Attend a victim impact panel and pay the associated cost ($50.00 +/-)
- For 12 months, not use alcohol.
- Install and Ignition Interlock device for the period of the DUII diversion.
If successfully completed, a DUII Diversion does not result in a conviction for DUII, a license suspension, jail time, or a fine (other than court fees). Therefore, a Diversion is generally a good alternative for an individual who would otherwise be found “guilty” at trial, and who has not participated in a Diversion or other similar program within 15 years.
Though an attorney is not required to enter a Diversion, courts will generally encourage individuals considering a Diversion to seek and retain legal counsel. An attorney is able to assist the individual in evaluating the case, preparing the necessary paperwork, and guiding the individual through the processes.
Part of a Diversion where alcohol is involved is the requirement to use an IID for the entire period of the diversion (12 months). If certain conditions are met, you may be able to remove the device early! Assisting our clients in getting the IID removed before the end of the Diversion period is part of our representation. There are no additional attorney fees associated with making this request for our existing clients. If we did not represent you in your DUI Diversion, we can still help. Give us a call and we can discuss the cost to assist.
It is important to understand that there are two (2) IID requirements that you will need to satisfy in order to remove you IID – the DMV requirement and the COURT requirement. By getting an Order from the court that allows early removal of the IID, you will satisfy BOTH of the requirements. If you do not get an Order for early removal, then you will need to complete your diversion (which satisfies the court requirement) and then satisfy the DMV requirement.
The DMV requirement is satisfied by the IID provider sending to DMV a “90 Day No Negative Report”. The report must show that you used and hand no IID failures for a 90 day period. This report only works if you have already finished your diversion and your DUI was dismissed as the end of the diversion (after 12 months). If your diversion is still active, sending DMV the report will not remove the condition to have an IID installed.
You can request EARLY removal of the IID after SIX (6) months of use. If it has been six months since you installed the IID, take the IID to your provider so that they can verify that you have no negative reports. Next, contact your provider and ask them to send the court a “Six Month No Negative Report”. Once that report has been sent to the court (but not before), we can assist you in preparing a Motion (request) to have the IID removed.
Before the motion can be filed you must be able to certify under penalty of perjury that (a) you have completed your alcohol treatment program, (b) you are in compliance with the terms of your diversion, and (c) that your IID provider has given the court the “no negative report.” If the judge grants the motion, then the Court will send you a copy of the Order and will send DMV a copy of the Order. Once you have the Order in hand, you can remove the IID, but not before.
If you are arrested for DUI/DUII you will be offered the opportunity to provide a breath test. Clients often ask whether they should take the breath test or refuse the breath test. The answer varies depending upon your past DUI / DUII history as refusal of the breath test has a negative impact on your driver’s license.
The officer is required to give you a chance to contact an attorney or another person of your choosing before taking the test. You will be given 15 to 20 minutes to do so. We suggest that you call our office and try to speak to one of our attorneys. If you cannot reach an experienced Oregon DUI Attorney then follow these general guidelines:
- First Time Arrested for DUII – Take the Breath Test
- Second Time Arrested for DUII (within 5 years) – Take the Breath Test
- Third + Time Arrested for DUII (within 5 years) – Refuse the Breath Test
Presuming you provide a breath sample of .00% BAC, the arresting officer will ask if you are willing to participate in a DRE evaluation. This is a series of tests by a specially trained police officer to determine if you are under the influence of drugs or marijuana. You should politely decline to participate in the DRE evaluation.
The officer may request that you provide a urine sample, even if you decline the DRE. Whether you provide a urine sample is your choice, but we would generally make the following recommendation:
- First Time Arrested for DUII – Provide the Urine Test
- Second Time Arrested for DUII (within 5 years) – Provide the Urine Test
- Third + Time Arrested for DUII (within 5 years) – Refuse the Urine Test