DUI Law in the Courts Today

Why you need an expert DUI defense attorney

Drunk driving, DUI or DUII in Oregon, or driving under the influence of intoxicants, is among the most commonly cited offenses in the criminal justice system today. Judges are used to seeing DUI offenders and having persons injured by DUI drivers in their courtrooms. Jurors have heard countless news stories reporting fatal and near fatal automobile accidents involving collisions by DUI drivers. DUI laws have gotten much stricter and now carry mandatory minimum sentences in Oregon.

Defense lawyers have always believed that DUI cases are some of the most difficult to defend, because they require a much deeper knowledge of the interplay between science and law than do most felony cases, and provide fewer applicable constitutional protections to persons accused. And, because most jurors and judges have deeply felt and pre-existing beliefs about DUI driving.

Yet some people charged with DUI still go into a courtroom without an expert DUI defense attorney by their side. Why? These people just do not understand what they are facing in court when charged with driving under the influence of intoxicants. Or, they are simply too poor to do anything to control their fate.

Hiring the best DUI attorney you can find, an expert DUI lawyer, can be a very wise financial investment. The long term costs of a drunk driving conviction are cumulative and huge. Interference in employment opportunities and greatly increased insurance premiums are just the tip of the iceberg. Other opportunities you might not even think of, like travel to Canada, can be jeopardized by a DUI conviction.

DUI cases can be defended and dismissed. But, you must avail yourself of expert legal counsel, such as defense attorneys Bart Herron and Edward LeClaire. Call Portland’s expert DUI defense team at Herron Law now. We can help you to get out of the mess you are in. We have 16 solid years of experience helping clients just like you.

2015 ORS 813.010¹

Driving under the influence of intoxicants
  • • penalty

(1)A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:

(a)Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100 (Implied consent to breath or blood test)813.140 (Chemical test with consent) or 813.150 (Chemical test at request of arrested person);

(b)Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or

(c)Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.

(2)A person may not be convicted of driving while under the influence of intoxicants on the basis of being under the influence of a controlled substance or an inhalant unless the fact that the person was under the influence of a controlled substance or an inhalant is pleaded in the accusatory instrument and is either proved at trial or is admitted by the person through a guilty plea.

(3)A person convicted of the offense described in this section is subject to ORS 813.020 (Fee to be paid on conviction) in addition to this section.

(4)Except as provided in subsection (5) of this section, the offense described in this section, driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises open to the public.