PORTLAND DUI LAWYER
Are you in need of an excellent Portland DUI lawyer? Contact us at 971-205-5695 or fill out the form below for a free consultation. Chris is an excellent DUI lawyer located serving all of Portland.
Trotter Law offers the high-quality representation you need when facing a DUI. Chris Trotter is a lawyer with a wealth of experience handling DUI cases. He has dedicated a significant portion of his practice to DUI litigation. Chris has tried many DUI cases, including for the prosecution and the defense. He has been trained to administer the Standardized Field Sobriety Tests, attended DUI attorney-focused specialized training classes, and works tirelessly to stay ahead of the competition by studying the latest and best techniques. When you come to Trotter Law, you are in good hands.
Your rights will be aggressively protected by a dedicated DUI attorney with trial experience who genuinely cares about his highest priority: you.
When a person is charged with driving under the influence of intoxicants (DUI), they need the best representation possible. The potential consequences include substantial fines and other fees, a driver's license suspension, probation, court-mandated treatment, jail time, and more. Some of these consequences can be imposed as a result of having refused or failed a breath test, even if the District Attorney never imposes criminal charges.
Complete and Accurate Answers to All of Your DUI Law Questions
People charged with a DUI usually have a variety of questions for lawyers, such as:
What are my rights when charged with a DUI?
How do I beat a DUI?
How can I avoid a driver's license suspension?
Do I have to give a breath sample?
Can I be charged with a DUI if I didn't drink alcohol?
How much will it cost to hire an attorney for a DUI?
Trying to learn the law as you go, is not the way to deal with a DUI charge. You need a DUI lawyer who knows the law and has experience. There are a variety of laws that directly affect people facing a DUI. These laws can be confusing, especially to a person with little or no experience in the criminal justice system. Lack of understanding can, and often does, result in missing a crucial deadline, such as the 10-day requirement to challenge your license suspension.
At Trotter Law, a dedicated and knowledgeable DUI attorney will answer all the DUI-related questions you might have. Having a lawyer clearly and concisely answer these questions will make you feel much more at ease about the whole process.
A Portland DUI Lawyer Can Help Protect Your Driver's License
Under Oregon law, a person under investigation for a DUI who fails a breath test, meaning the breath test machine records a result of .08% or above, is subject to a 90-day driver's license suspension. If the person refuses to give a breath sample, the proposed suspension is 1-year. The proposed suspension periods may be enhanced (lengthened) if the person has previously failed or refused a breath test, participated in the DUI Diversion Program, or been convicted for a DUI. These suspensions are imposed by the Oregon DMV, not the courts, under what is known as the Oregon Implied Consent Law.
The person has the right to challenge the Implied Consent suspension, but the request for a hearing to do so must be submitted within 10 days of the person's arrest. Having an experienced DUI attorney to represent you at this hearing will maximize your chances of avoiding suspension.
First-Time DUI Conviction
If a person is convicted of a DUI for the first time, the court will suspend their driver's license for a period of 1-year. If the person is convicted of a DUI for the second time within 5 years of the first conviction, the court suspension of their license will be for a period of 3 years. A person convicted of a DUI for the third time, regardless of when the prior convictions took place, will receive a lifetime revocation of the driver's license. Fortunately, a person who receives a lifetime revocation can petition the court to reinstate their license, but they have to wait 10 years before they are eligible to do so.
Chris Trotter is dedicated to doing everything possible under the law to protect your driver's license. From the Implied Consent Hearing to fighting your case in court, as a DUI lawyer, he has the experience and knowledge to optimize your opportunity to avoid a driver's license suspension.
Protect Your Rights With an Excellent DUI Lawyer
Trotter Law offers aggressive, dedicated, experienced representation to people with DUI charges. You need an attorney who will protect and fight for every client's rights, every time. If you or a loved one is facing a DUI, having a lawyer with experience handling DUIs is crucial. Trotter Law provides the excellent representation you deserve.
What is a DUI in Oregon?
It is illegal to drive in Oregon if you have a blood alcohol concentration of .08% or higher within two hours following the time of driving. It is also illegal to drive while being impaired by the use of drugs, meaning a controlled substance, or an inhalant. The name used for impaired driving offenses varies from state to state. In Oregon, the offense is referred to as Driving Under the Influence of Intoxicants (DUII).
If you have not been convicted of a DUI nor participated in court-ordered substance abuse treatment in the last 15 years, you will likely be eligible for the DUII Diversion program, which would allow you to avoid a criminal conviction. There are, however, other disqualifying factors, such as: having a CDL, if anyone other than yourself was injured as a result of the DUII, or if you had minor children in your vehicle at the time of the DUII arrest.
Drivers who are not eligible for diversion, or those who reject diversion, go to trial, and are found guilty, will be convicted. Many of the requirements for diversion participants and those convicted of a DUII are the same or similar, but certainly more severe for those convicted of the offense. Most people who do diversion, and everyone who is convicted of a DUI/DUII, will be required to install and use an Ignition Interlock Device (IID) in any vehicle they drive.
The DUI Diversion Program Exceptions
For those in diversion, there are exceptions to this. For instance, a person with a controlled substance (drug) or inhalant DUII may not have to use an IID at all. Diversion also allows a person to drive an employer-owned vehicle for work purposes without using an IID, so long as the employer is aware of and agrees to this. If you are convicted of a DUII, these exceptions do not apply. For them, if it is their first conviction, their driver’s license will be suspended for 1 year. The IID must be used during the year if the person is approved for a hardship permit during that time period.
They will also need to use the IID for 1 additional year after they have completed the 1-year license suspension period, whether or not they obtained a hardship permit. For 2nd or subsequent convictions, the IID requirement may be longer, depending on the timing of the conviction. You, as the driver, will be required to cover the cost to have your IID installed and maintained.
There are, of course, other rules, requirements, and consequences associated with receiving a DUII charge.
Will I Need a Portland DUI Lawyer if It’s My First Offense?
Being arrested for drunk driving can be a traumatic and overwhelming experience. However, keep in mind that being charged with something doesn’t make you automatically guilty. It will certainly be to your advantage to hire a Portland DUI lawyer even if it’s your first offense. Hiring a DUI attorney is your first step to confidently facing the prosecutor’s office.
Trusted legal representation will assist in the following:
● Provide evidence associated with the prosecutor’s case
● Investigate the procedures associated with your arrest, and determine whether your rights were violated during that process.
● Help determine whether or not law enforcement had probable cause to pull you over
● Examine the form of sobriety testing the police used to decide that you were over the legal limit (BAC) to drive in the state of Oregon
Additionally, having an expert attorney by your side will give you the confidence you need to be prepared when facing upcoming court dates.
Penalties for a DUI in Oregon
As explained above, the potential criminal penalties associated with a DUII arrest can vary greatly, depending on the final outcome of the case. It is also important to know there will likely be administrative consequences involved regardless of whether you are convicted. These consequences may include a driver’s license suspension and DMV fees. If you do diversion or are convicted, there will be additional criminal penalties involved.
The penalties you face can vary based on your criminal history and if you’ve been previously convicted of a DUI charge in Oregon or another state. For example, when a driver is convicted of a first-time DUII, the judge must sentence the driver to either 80 hours of community service or jail time. Jail time may be as minimal as 2 days or as severe as one year. Community service will typically be 80 hours, though it could be more, depending on the circumstances. The typical fines for first-offense DUIs are as follows:
● Minimum fine of $1000 plus an additional $255 conviction fee
● A fine of at least $2000 if your BAC was .15% or higher within two hours of driving
● A maximum fine of $6250 in either case but can be raised to $10,000 if you had a passenger who was under 18 years old in your vehicle and you were at least 3 years older than that passenger
● If convicted of a DUI, you will be required to complete a screening interview to determine the best substance abuse program for you. The driver will be obligated to pay for the treatment program as well as a fee of $150 for the screening.
● You may also be ordered by the court to attend a “victim impact” treatment session. The cost of which will be $50.
How a Portland DUI Lawyer Can Help You With Your Case
When you or a loved one is facing criminal charges, time is of the essence. Every second counts. You don’t want the prosecution to gain the upper hand because you don’t understand the legal system. Hiring an experienced Portland DUI attorney who knows how to take the lead is your best chance of a positive outcome.
Why choose Chris Trotter for your case?
Chris Trotter has years of experience representing clients throughout the state of Oregon. No matter what your unique circumstances, Chris will walk the path with you, challenging each punishment associated with your arrest. He has the knowledge and skills to provide you with the peace of mind you’ll need while traveling this uncharted territory.
Get a Free DUI Lawyer Consultation Today
Contact Trotter Law today at 971-205-5695 to schedule a free initial consultation and discuss your options or fill out the form below. Representation is available for individuals with cases in Portland, Salem, Beaverton, Hillsboro, and all of Washington County. If you need a Portland DUI attorney, Chris is a great choice!
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