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Driving Under the Influence of Intoxicants (DUII) in Oregon is governed by ORS 813.010 and several other attending statutes. This is a complex area of law with multiple mandatory penalties depending on the criminal history of the defendant and the facts of each particular case. These penalties range from fines, imprisonment, license suspensions, mandatory treatment, and probationary terms.

It is important to remember that DUII includes both alcohol and other controlled substances including marijuana and prescription drugs. In addition, under the implied consent laws in Oregon, DMV can suspend an accused person’s driving privileges through the implied consent law if a hearing is not requested within ten days of the incident date.

Contacting an attorney quickly can vastly improve the odds of prevailing at trial and avoiding certain mandatory penalties if convicted.

Driving offenses are wide-ranging in Oregon and include driving while suspended, reckless driving, reckless endangerment, hit and run, assault, and manslaughter.

Convictions for these offenses have multiple collateral consequences ranging from increased insurance costs, lengthy license suspensions, or imprisonment.

Sex crimes in Oregon are governed by Chapter 163 or the Oregon criminal code. A conviction for a sex offense in Oregon can have lifelong implications ranging from imprisonment to sex offender registration.

The terms of any probation can be extremely restricting. Several sex offenses are subject to mandatory prison terms under ORS 137.700, including “Jessica’s Law” offenses which carry mandatory minimum 25-year sentences.

These charges can be the most complex to investigate and defend. They require a distinct resolve from any criminal defense attorney.

Assault, strangulation, and other domestic violence offenses are vigorously prosecuted in Lane County and elsewhere. It can also be complicated to secure release from custody if charged with a domestic violence offense.

Early investigation is critical in these cases for several reasons. This includes photographs and interviewing witnesses. Because current law requires the arrest of one party under certain circumstances, these charges can be costly both in terms of incarceration, employment, and relationships.

Drug crimes in Oregon generally fall into one of three categories: possession, delivery, and manufacturing. Depending on the nature of the controlled substance, the actual weight of the controlled substance, and the defendant’s criminal history, these types of crimes can be charged as misdemeanors or felonies. Sentences can range from probation imprisonment.

While marijuana possession, delivery, and manufacture can be legal, the substance itself remains controlled by the Federal Government and even Oregon Law has multiple restrictions on what is, in fact, legal. New laws passed by the Oregon Legislature in 2017 address some of these issues and it is important to be familiar with them. Felony drug crimes are subject to sentencing guidelines in Oregon.

The delivery of controlled substances is an especially complex area of law in Oregon. Concepts such as Boyd deliveries, “for consideration,” and a dedication to search and seizure law are critical when defending these cases.

Identity Theft is covered by two statutes in Oregon, ORS 165.800 and ORS 137.717. Identity Theft is a Class C Felony and carries a maximum potential sentence of five years in prison and a $125,000.00 fine. It is subject to the sentencing guidelines but, depending on a defendant’s criminal history, can carry a presumptive 13-month sentence or more.

Restraining Orders and Stalking Orders involve a complex set of statutes. In addition, a person can be charged with the crime of stalking. In essence, these laws and others, such as Telephonic Harassment, are there to keep people away from each other. However, the process can be (and often is) abused by individuals seeking revenge or who are simply overly sensitive.

Free speech under the Oregon and Federal Constitutions provides a defense in many cases and the law continues to evolve when the contact involves communication.

It is very important to understand the collateral consequences regarding these matters, including the right to bear arms, which can be adversely affected in a multitude of scenarios.


Learn more about Stalking Protection Orders

Property Crimes include theft, aggravated theft, burglary, criminal mischief, robbery, forgery, fraudulent use of a credit card, unlawful use of a motor vehicle, and identity theft.

Whether charged as a felony or a misdemeanor, a conviction of a property crime can have serious consequences involving employment background checks, housing, loan applications, and general harm to reputation. In addition, a conviction for any of these crimes, if charged as a felony, can lead to a presumptive prison sentence pursuant to ORS 137.717.

Other Crimes: The criminal code in Oregon is large and constantly changing. We represent people charged with any and all crimes in the State of Oregon and are happy to offer a free consultation to discuss a matter, from minor violations to major crimes.

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