If you have been charged with a DUI, you are facing one of the most serious events of your life. Most people charged with this offense have never been involved with the court system before. They are scared and confused. I have over thirty years' experience in the courtroom working as both a prosecutor and a defense attorney. Much of that time, my practice has been devoted exclusively to DUI representation.
I know how to maneuver through the administrative and legal systems to minimize the impact to your life and your license. As a former prosecutor, I attended the DWI Detection and Standardized Field Sobriety Testing course with the police. My experience as a prosecutor provides me with unique insight when assessing the government's case against you.
No two cases are alike; there will be strengths and weaknesses in each one. It is important to review all the evidence together so you can decide which course of action is right for you. If you have previous DUI convictions, you could be charged with a felony carrying prison time and fines.
I know how to maneuver through the administrative and legal systems to minimize the impact to your life and your license. As a former prosecutor, I attended the DWI Detection and Standardized Field Sobriety Testing course with the police. My experience as a prosecutor provides me with unique insight when assessing the government's case against you.
No two cases are alike; there will be strengths and weaknesses in each one. It is important to review all the evidence together so you can decide which course of action is right for you. If you have previous DUI convictions, you could be charged with a felony carrying prison time and fines.
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Jill Petty has over thirty years' experience defending DUI and other crimes.
Her legal career began at the Multnomah County Metropolitan Public Defender's Office where she defended clients charged with crimes ranging from Driving Under the Influence of Intoxicants to Murder.
She went on to work as an Assistant City Attorney in Vancouver, Washington.
As an Assistant City Attorney, Ms. Petty was the supervisor for the City of Vancouver Criminal Unit and the Clark County Domestic Violence Prosecution Unit.
Her legal career began at the Multnomah County Metropolitan Public Defender's Office where she defended clients charged with crimes ranging from Driving Under the Influence of Intoxicants to Murder.
She went on to work as an Assistant City Attorney in Vancouver, Washington.
As an Assistant City Attorney, Ms. Petty was the supervisor for the City of Vancouver Criminal Unit and the Clark County Domestic Violence Prosecution Unit.
Most DUI cases are Class A misdemeanors.
But if you have previous convictions for DUI, your main concern is probably whether you will be charged with a felony DUI.
There are a few simple rules to follow in answering this question.
Once a felony, always a felony.
If you were convicted of a felony DUI before, you will be charged with a felony DUI for each subsequent DUI.
There is no time limit to this rule.
If you have two (2) prior DUI convictions within the ten (10) year period before your most recent arrest, you will be charged with a felony DUI.
But if you have previous convictions for DUI, your main concern is probably whether you will be charged with a felony DUI.
There are a few simple rules to follow in answering this question.
Once a felony, always a felony.
If you were convicted of a felony DUI before, you will be charged with a felony DUI for each subsequent DUI.
There is no time limit to this rule.
If you have two (2) prior DUI convictions within the ten (10) year period before your most recent arrest, you will be charged with a felony DUI.
You gave your consent to provide a breath sample when you received your driver's license.
Your consent is "implied."
If you refuse, you face a minimum one (1) year driver's license suspension as a penalty for your refusal.
In some cases, you might be asked to provide a urine sample in addition to a breath test.
This happens when the police suspect you are under the influence of marijuana or other drugs and your breath test was under the legal limit for alcohol.
Under Oregon's Implied Consent Law, you are required to provide a urine sample under these circumstances and a refusal of a urine test would result in the imposition of a minimum one (1) year driver's license suspension.
Your consent is "implied."
If you refuse, you face a minimum one (1) year driver's license suspension as a penalty for your refusal.
In some cases, you might be asked to provide a urine sample in addition to a breath test.
This happens when the police suspect you are under the influence of marijuana or other drugs and your breath test was under the legal limit for alcohol.
Under Oregon's Implied Consent Law, you are required to provide a urine sample under these circumstances and a refusal of a urine test would result in the imposition of a minimum one (1) year driver's license suspension.
Diversion is a legal procedure allowing most first-time offenders to "divert" their case off the trial docket for one (1) year by pleading guilty or no contest and entering into a Diversion Agreement with the court.
Complete and pay for a drug and alcohol assessment through the designated Drug and Alcohol Assessment Agency in the county where you are charged.
The cost of this assessment is a minimum of $150;.
Install and pay for an ignition interlock device in any vehicle you plan to drive during the period of diversion, fees vary with device providers;.
Complete and pay for a drug and alcohol assessment through the designated Drug and Alcohol Assessment Agency in the county where you are charged.
The cost of this assessment is a minimum of $150;.
Install and pay for an ignition interlock device in any vehicle you plan to drive during the period of diversion, fees vary with device providers;.
If you have a commercial driver's license endorsement, you will not be eligible for diversion if you are charged with a DUI even if you were driving your own personal vehicle at the time of your arrest.
Because Oregon does not allow plea negotiations in DUI cases, this leaves you with two options: going to trial or pleading guilty or no contest.
A conviction for DUI will result in a suspension of your commercial driving privileges for one year on the first DUI conviction and a lifetime suspension on the second DUI conviction.
Because Oregon does not allow plea negotiations in DUI cases, this leaves you with two options: going to trial or pleading guilty or no contest.
A conviction for DUI will result in a suspension of your commercial driving privileges for one year on the first DUI conviction and a lifetime suspension on the second DUI conviction.
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