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Law Offices of James F. O'Rourke Jr. and Associates

503-221-1425 - Portland Office

Criminal Defense of DUII / DUI in Oregon by DUII lawyers and DUI Attorneys

James F. O'Rourke Jr. and Associates duii defense attorneys
 

DUII / DUI / DWI ARE SERIOUS CRIMINAL CHARGES
WITH SERIOUS POTENTIAL CONSEQUENCES.

GET ADVICE FROM AN EXPERIENCED OREGON LAWYER BEFORE YOU MAKE ANY DECISIONS OR SAY ANYTHING TO ANYONE.

Call 503-221-1425 (Portland) or 503-667-8437 (Gresham)

The Most Frequent DUII Related Charges and Statutes in Oregon Are:

  1. Reckless Driving - ORS 811.140
  2. Criminal Mischief In The Second Degree - ORS 164.354
  3. Reckless Endangering Another Person - ORS 163.195
  4. Assault In The Fourth Degree - ORS 163.160
  5. Assault In The Third Degree - ORS 163.165
  6. Assault In The Second Degree - ORS 163.175
  7. Manslaughter In The First Degree - ORS 163.118
  8. Manslaughter In The Second Degree - ORS 163.125
  9. Failure To Perform Duties Of Driver When Property Is Damaged (Hit and Run) - ORS 811.700
  10. Failure To Perform Duties Of Driver To Injured Persons (Hit and Run) - ORS 811.705
  11. Fleeing Or Attempting To Elude A Police Officer (Vehicle) - ORS 811.540 (1)(b)(A)
  12. Fleeing Or Attempting To Elude A Police Officer (On Foot) - ORS 811.540 (1)(b)(B)
  13. Failure To Take A Breath Test - ORS 813.095
  14. Driving While Suspended (Misdemeanor) - ORS 811.182 (1) and (4)
  15. Driving While Suspended (Felony) - ORS 811.182 (1) and (3)

New Crimes, Effective January 1, 2008

   16. Aggravated Vehicular Homicide
   17. Manslaughter in the First Degree
   18. Assault In The First Degree

Below are general descriptions of how each DUII Related Crime may be committed while DUII, and proven by the state and the consequences of conviction for each. These crimes may also be committed without being DUII. Call us for a free telephone consultation if you are charged with one of these crimes at 503-221-1425 or you can tell us about your case.

Please remember that all of the circumstances of each individual case must be analyzed to determine if there was an actual violation of the law. There are many ways to avoid conviction or minimize the consequences of conviction of DUII related charges. The State has to prove every element of each crime beyond a reasonable doubt and there are defenses and/or evidentiary rules which may prevent conviction in certain cases.

Do not read the following and decide to plead guilty and throw yourself on the mercy of the court. That does not work. Get an experienced lawyer to evaluate your case.

We at James F. O'Rourke Jr. and Associates are very successful in finding ways to get DUII related crimes dismissed.

1. Reckless Driving - ORS 811.140

If you are DUII and your driving causes an accident, or a police officer observes you almost hit a person or property or you exhibit poor driving at near double the legal limit or you have an extremely high Blood Alcohol Content and exhibit substantial impairment, you can be charged with Reckless Driving.

In order to convict you of Reckless Driving the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) operated a motor vehicle (6) on a public highway or premises open to the public (e.g. a parking lot) (7) recklessly (8) in a manner that endangered people or property.

The state can prove “recklessness” by showing that you were aware of a substantial risk of harm, but disregarded that risk. Being too intoxicated to understand the risk is not a defense. A higher BAC (Blood Alcohol Content) and greater degree of impairment due to the use of intoxicants by themselves cause a substantial risk of harm to others. This “reckless” mental state is an element of many of the other DUII related crimes discussed below.

Reckless Driving is a Class A Misdemeanor and carries maximum penalties of up to one year in jail and a fine of up to $6,250. For a first conviction, your drivers license will be suspended for ninety (90) days. For a second conviction within five (5) years, your drivers license will be suspended for two (2) years. For a third conviction within five (5) years, your drivers license will be suspended for 3 years. A Hardship Permit is available with no waiting period.

Each conviction of Reckless Driving counts towards an Habitual Offender Revocation.

You may be required to pay Restitution to the owner of damaged property or to injured persons or their insurance companies for losses not paid by your insurance.

We at James F. O'Rourke Jr. and Associates are successful in getting Reckless Driving charges dismissed for many of our clients. Your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

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2. Criminal Mischief In The Second Degree - ORS 164.354

If you are DUII and you are at fault in causing damage to property, other than your own, like a mailbox, power pole, or vehicle you can be charged with Criminal Mischief In The Second Degree.

You can be charged separately for each separate property item you damage. For example, 3 separate damaged mailboxes can result in three separate charges.

In order to convict you of Criminal Mischief In The Second Degree the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) recklessly (6) caused damage to another persons property.

Criminal Mischief In The Second Degree is a Class A Misdemeanor. Each charge carries maximum penalties of up to one (1) year in jail and a fine of up to 6,250. For a first conviction your drivers license will be suspended for ninety days. For a second conviction within five (5) years, your drivers license will be suspended for two (2) years. For a third conviction within five (5) years, your drivers license will be suspended for 3 years. A Hardship Permit is available with no waiting period.

Each conviction for Criminal Mischief In The Second Degree counts for purposes of an Habitual Offender Revocation.

You may be required to pay Restitution to the owners of damaged property or injured persons or their insurance companies for losses not paid by your insurance.

We at James F. O'Rourke Jr. and Associates are successful in getting Criminal Mischief in the Second Degree charges dismissed for many of our clients. Your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

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3. Recklessly Endangering Another Person - ORS 163.195

If you are DUII and are at fault in having a collision with another vehicle in which there is a driver and/or passengers, or are a danger to others by being severely intoxicated and/or a hazard by your driving to others in or out of vehicles or if you have a passenger in your vehicle under the age of 18, you can be charged with Recklessly Endangering Another Person.

You can be charged separately for each person injured or threatened by your driving. For example, if you have three passengers in your car and collide with another vehicle with a driver and a passenger you can be charted with five counts of Recklessly Endangering Another Person.

In order to convict you of Recklessly Endangering Another Person the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) recklessly (6) engaged in conduct (e.g. driving) (7) that created a substantial risk of causing serious physical injury to another person.

Recklessly Endangering Another Person is a Class A Misdemeanor. Each charge carries maximum penalties of up to one (1) year in jail and a fine of up to 6,250. For a first conviction your drivers license will be suspended for ninety days. For a second conviction within five (5) years, your drivers license will be suspended for two (2) years. For a third conviction within five (5) years, your drivers license will be suspended for 3 years. A Hardship Permit is available with no waiting period.

Each conviction for Recklessly Endangering Another Person counts for purposes of an Habitual Offender Revocation.

You may be required to pay Restitution to the owners of damaged property or injured persons or their insurance companies for losses not paid by your insurance.

We at James F. O'Rourke Jr. and Associates are successful in getting Recklessly Endangering Another Person charges dismissed for many of our clients. Your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

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4. Assault In The Fourth Degree - ORS 163.160

If you are DUII and you are at fault in causing physical injury (e.g. whiplash) to someone you can be charged with Assault In The Fourth Degree. For example, if you are at fault in causing a collision with another vehicle and the occupants of that vehicle or your vehicle or others are injured you can be charged with Assault In The Fourth Degree.

If the injuries are serious, like a broken leg, you can be charged with Felony Assault In The Third Degree (See Section 5 below).

You can be charged separately for each person injured.

In order to convict you of Assault In The Fourth Degree the state must charge and prove either that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) recklessly (6) caused physical injury to another person. “Recklessness” is discussed above under Reckless Driving. or

That (1) on a certain day (2) in a certain county (3) in Oregon that (4) you (5) with criminal negligence (6) caused physical injury to another person (7) with a dangerous or deadly weapon (e.g. a car).

Assault In The Fourth Degree is a Class A Misdemeanor. Each charge carries a maximum sentence of one (1) year in jail and a fine of up to $6,250.00. For a first conviction, your drivers license will be suspended for 1 year. You will not be eligible for a hardship license until six (6) months after you complete your jail sentence. If you have a prior conviction for a vehicular homicide, a vehicular assault or any major traffic offense (DUII, Reckless Driving, Eluding or DWS) in the last ten years you are not eligible for Hardship Permit.

“Criminal negligence” is similar to “recklessness” as discussed above under reckless driving. When you act with criminal negligence you are unaware of a substantial and unjustifiable risk that harm will occur and that risk is one that a reasonable person would be aware of.

Each conviction for Assault In The Fourth Degree counts for purposes of an Habitual Offender Revocation.

You may be required to pay Restitution to the owners of damaged property or injured persons or their insurance companies for losses not paid by your insurance.

We at James F. O'Rourke Jr. and Associates are successful in getting Assault In The Fourth Degree charges dismissed for many of our clients. Your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

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5. Assault In The Third Degree - ORS 163.165

If you are DUII and are at fault in recklessly causing serious physical injury (e.g. a broken leg) with your motor vehicle or if you are DUII and you are at fault in causing physical injury (e.g. whiplash) to a person with your motor vehicle under circumstances which show “extreme indifference to the value of human life,” you can be charged with Felony Assault In The Third Degree.

You can be charged separately for each person injured.

In order to convict you of Assault In The Third Degree the state must charge and prove either that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) recklessly (6) caused serious physical injury to another person (7) by means of a dangerous or deadly weapon (e.g. a car). or

The state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) recklessly (6) caused serious physical injury to another person (7) while showing “extreme indifference to the value of human life.”

The state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) recklessly (6) caused physical injury to another person (7) with a dangerous or deadly weapon (a car) (8) while showing “extreme indifference to the value of human life.”

Recklessness is discussed above under Reckless Driving.

“Extreme indifference to the value of human life” means a kind of conduct, in addition to recklessness, that shows you were not only aware of a risk of harm, but that you did not care about the danger to the safety of other people. A good example would be a “road rage” case, where an intoxicated person drives wildly, at a high rate of speed, and causes an accident.

“Serious Physical Injury” is an injury to another person that causes them either the permanent loss of use or protracted impairment of any bodily organ or limb (e.g. broken leg), it can also involve an injury that places the person in jeopardy of dying.

Assault In The Third Degree is a Class C Felony. Each conviction carries a maximum prison term of five (5) years, a maximum fine of $125,000. The Oregon Felony Sentencing Guidelines apply to convictions for Assault In The Third Degree. The extent and permanency of the injuries to the other person, your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

For each conviction for Assault In The Third Degree, your drivers license will be revoked for five (5) years. You will be eligible for a hardship license two years after the last day of any jail or prison sentence you serve.

If you have a prior conviction for a vehicular homicide, a vehicular assault or any major traffic offense (DUII, Reckless Driving, Eluding or DWS) in the last ten years you are not eligible for Hardship Permit.

You may be required to pay Restitution to the owners of damaged property or injured persons or their insurance companies for losses not paid by your insurance.

We at James F. O'Rourke Jr. and Associates are successful in getting Assault In The Third Degree charges reduced or dismissed for many of our clients. Your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

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6. Assault In The Second Degree - ORS 163.175

If you are DUII and you are at fault causing serious physical injury to another person with your vehicle while showing extreme indifference to the value of human life you can be charged with Assault In The Second Degree.

You can be charged separately for each person injured. For an example, see the discussion of State v. Skelton under Manslaughter In The First Degree.

In order to convict you of Assault In The Second Degree the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) recklessly (6) caused serious physical injury to another person (7) by means of a dangerous or deadly weapon (e.g. a car) (8) while showing “extreme indifference to the value of human life.”

“Recklessness” is discussed above under Reckless Driving. “Extreme indifference to the value of human life” is discussed above under Assault In The Third Degree.

Assault in the Second Degree is a Class B Felony. Each conviction carries a maximum prison term of ten years, a maximum fine of $250,000.00 and 36 months of post-prison supervision. Also, Assault In The Second Degree is a “Measure 11" offense which carries a mandatory minimum sentence of 70 months in prison with no reduction of that sentence for good behavior or sentence reduction programs. A judge is required to impose the 70 month sentence.

For each conviction for Assault In The Second Degree, your drivers license will be revoked for eight (8) years. You will be eligible for a hardship license four (4) years after the last day of any jail or prison sentence you serve.

ORS 807.252 convictions may prevent you from getting a Hardship Permit at all.

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7. Manslaughter In The First Degree - ORS 163.118

If you are DUII and you are recklessly at fault in causing the death of another person with a motor vehicle under circumstances manifesting extreme indifference to the value of human life, you can be charged with Manslaughter In The First Degree.

You can be charged separately for each person killed. For example, in State v. Skelton:

Defendant was driving his pick up truck on a rural highway in southern Oregon. As he rounded a curve, he crossed the center line and struck seven motorcyclists in the oncoming lane. Two of the motorcyclists were killed and two others were injured. The defendant’s blood alcohol content was .23.

Defendant was drinking with friends immediately prior to the accident. As he tried to leave, he was warned not to drive by a friend because he was too intoxicated. He ignored the warning. The friend was so concerned she called 911 after he left.

Defendant was charged with First degree manslaughter for causing the deaths of two of the motorcyclists, based on him using a dangerous or deadly weapon (his truck) to take the lives of the two men. He was charged with second degree assault for one victim who lost a leg, constituting “serious physical injury.” He was charged with third degree assault for causing less serious injuries to another victim.

The factors establishing “extreme indifference to the value of human life” appear to be: his severe level of intoxication (BAC .23); and his failure to heed the warning of the concerned friend prior to the accident. He was specifically warned of the danger prior to the accident. He also had multiple prior convictions for DUII, and had knowledge of the risks of DUII driving from those cases

In order to convict you of Manslaughter In The First Degree the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) recklessly (6) caused the death of another person (7) while showing “extreme indifference to the value of human life.”

“Recklessness” is discussed above under Reckless Driving. “Extreme indifference to the value of human life” is discussed above under Assault in the Third Degree.

Manslaughter In The First Degree is a Class A Felony. Each conviction carries maximum penalties of 20 years in prison and a fine of up to $375,000. Each conviction carries a Measure 11 minimum sentence of 120 months in prison with no reduction of that sentence for good behavior or sentence reduction programs. The sentencing judge is required to impose the 120 month sentence.

For a conviction for Manslaughter In The First Degree, your drivers license will be revoked for life. You can petition the Court for restoration of your driving privileges after ten years.

You can be required to pay restitution to the estate of the decedent.

See number 17 below for 2007 changes in the law.

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8. Manslaughter In The Second Degree - ORS 163.125

If you are DUII and you are at fault in recklessly causing the death of another person with a motor vehicle, you can be charged with Manslaughter In The Second Degree.

For example, in State v. Ruiz-Martinez:

The defendant was driving his van on a rural road. He was traveling about 70 miles an hour. He went through an intersection against a red light. He did not slow down nor apply his brakes before entering the intersection. He struck a compact car in the intersection, knocking the car off the road and into a tree where it caught fire. The driver of the car was killed. A passenger in defendant’s van was injured. The defendant’s blood alcohol content was .18.

Defendant was convicted of second degree manslaughter for recklessly causing the death of the driver of the other car. He was convicted of fourth degree assault for recklessly injuring his passenger.

In order to convict you of Manslaughter In The Second Degree the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) recklessly (6) caused the death of another person with a motor vehicle.

“Recklessness” is discussed above under Reckless Driving.

You can be charged separately for each person killed.

Manslaughter In The Second Degree is a Class B Felony. Each conviction carries a maximum prison term of 10 years and a fine of up to $250,000.00. Each conviction carries a Measure 11 minimum sentence of 75 months in prison with no reduction of that sentence for good behavior or sentence reduction programs. A sentencing judge is required to impose the 75 month sentence.

For each conviction for Manslaughter In The Second Degree, your drivers license will be revoked for eight years. You may petition the Court for restoration of your driving privileges ten years after you are released from prison.

You can be required to pay restitution to the estate of the decedent.

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9. Failure To Perform Duties Of Driver When Property Is Damaged (Hit and Run) - ORS 811.700

If you are driving a motor vehicle and have an accident in which you know another persons’ attended or unattended vehicles or other property is damaged, and you do not stop and remain at the accident scene until you have given or left the required information, you can be charged with Failure To Perform Duties Of Driver.

In order to convict you of Failure to Perform the Duties of a Driver When Property is Damaged the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) were involved in a collision in which another person’s property is damaged (6) while driving a motor vehicle (7) and knowingly failed to immediately contact the owner of the property to identify yourself exchange insurance information or (8) if the owner of the property cannot be located, by leaving your identification and insurance information in a place where it will be seen by the owner of that property.

Failure To Perform Duties Of Driver is a Class A Misdemeanor and carries maximum penalties of up to one (1) year in jail and a fine of up to $6,250.

For a first conviction, with no Major Traffic Offenses within the last 5 years, your drivers license will be suspended for 90 days. For a second conviction within 5 years, your drivers license will be suspended for 1 year. For a third or more convictions within 5 years, your drivers license will be suspended for 3 years. A Hardship Permit is available with no wait.

Each conviction for Failure To Perform Duties Of Driver counts for purposes of an Habitual Offender revocation.

You can be required to pay restitution to the victim who suffered a financial loss.

We at James F. O'Rourke Jr. and Associates are successful in getting Failure To Perform Duties Of Driver charges dismissed for many of our clients.

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10. Failure To Perform Duties Of Driver To Injured Persons (Hit and Run) - ORS 811.705

If you are driving a vehicle and are involved in an accident that results in injury or death to a person and you do not stop and remain at the scene as required by law and give information and render reasonable assistance to any person injured in the accident, you can be charged with Failure To Perform Duties Of Driver To Injured Persons.

In order to convict you of Failure to Perform the Duties of a Driver To Injured Persons the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) were in an accident where another person was injured or killed (6) while driving a motor vehicle (7) and knowingly failed to stop as close to the scene of the accident as possible and (8) remain at the scene of the accident and (10) provide identification and insurance information with any driver or survivor and (11) render reasonable assistance to the injured by calling for assistance and (12) remain at the scene until the police arrive (unless transporting the injured party or yourself for medical care).

Failure To Perform Duties Of Driver To Injured Persons is a Class C Felony. Each conviction carries a maximum prison term of five (5) years and a maximum fine of $125,000 and up to 36 months of Supervised Probation or post-prison supervision.

Failure To Perform Duties Of Driver To Injured Persons is a Class B Felony if a person suffers serious physical injury or dies as a result of the accident. Each conviction carries a maximum prison term of 10 years and a maximum fine of $250,000.

The Oregon Felony Sentencing Guidelines apply to convictions for both Class C and B Felony Failure To Perform Duties Of Driver.

For each conviction of Failure To Perform Duties Of Driver To Injured Persons as a Class C Felony, your drivers license will be revoked for 1 year. No Hardship Permit is available.

For each conviction of Failure To Perform Duties Of Driver To Injured Persons as a Class B Felony, your drivers license will be revoked for 1 year unless someone dies as a result of the accident in which case the revocation is for 5 years and the wait period does not start until after any period of incarceration or DMV’s receipt of the record of conviction if there is no incarceration. No Hardship Permit is available.

You may be required to pay Restitution to the owner of damaged property or injured persons or their insurance companies for losses caused by you and not paid by your insurance.

We at James F. O'Rourke Jr. and Associates are successful in getting Failure To Perform Duties Of Driver To Injured Persons charges reduced or dismissed for many of our clients.

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11. Fleeing Or Attempting To Elude A Police Officer (Vehicle) - ORS 811.540 (1)(b)(A)

If you are operating a motor vehicle and you know that a uniformed police officer wearing a badge in a marked police car has given you a visual (e.g. lights) or audible (e.g. siren or voice) signal to stop and you flee or attempt to elude the pursuing officer in your vehicle, you can be charged with Fleeing Or Attempting To Elude A Police Officer (Vehicle)

In order to convict you of Fleeing Or Attempting to Elude a Police Officer in a Vehicle the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) were operating a motor vehicle and (6) are given a visual, audible or hand signal to stop your vehicle by a person you knew to be a police officer and (7) you knowingly flee or attempt to elude the pursuing police officer.

Fleeing Or Attempting To Elude A Police Officer (Vehicle) is a Class C Felony. A conviction carries a maximum prison term of five (5) years and a maximum fine of $125,000.00. The Oregon Felony Sentencing Guidelines apply to a conviction for Fleeing Or Attempting To Elude A Police Officer (Vehicle).

For each conviction of Fleeing Or Attempting To Elude A Police Officer (Vehicle), your drivers license will be suspended for 90 days. For a second conviction within 5 years, your drivers license will be suspended for 1 year. For a third or more convictions within 5 years, your drivers license will be suspended for 3 years. A Hardship Permit is available with no wait.

A conviction for Fleeing Or Attempting To Elude A Police Officer (Vehicle) counts for purposes of an Habitual Offender revocation.

Fleeing Or Attempting To Elude A Police Officer (Vehicle), particularly while DUII is probably enough to constitute “extreme indifference to the value of human life.” If someone is injured as a result of your conduct while Fleeing Or Attempting To Elude A Police Officer (Vehicle) and DUII you may be charged with Assault In The Third Degree or even Assault In The Second Degree. See Sections 5 and 6 above.

Your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

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12. Fleeing Or Attempting To Elude A Police Officer (On Foot) - ORS 811.540 (1)(b)(B)

If you are operating a motor vehicle and you know that a uniformed police officer wearing a badge in a marked police car has given you a visual (e.g. lights or hand signals) or audible (e.g. siren or voice) signal to stop and you flee or attempt to elude the pursuing officer, you can be charged with Fleeing Or Attempting To Elude A Police Officer.

In order to convict you of Fleeing Or Attempting to Elude a Police Officer in a Vehicle the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) are given a lawful signal to stop by the police and (7) you knowingly flee or attempt to elude the pursuing police on foot.

Fleeing Or Attempting To Elude A Police Officer is a Class a Misdemeanor. The maximum jail sentence is one (1) year and the maximum fine is $6,250.

For each conviction of Fleeing Or Attempting To Elude A Police Officer, your drivers license will be suspended for 90 days. For a second conviction within 5 years, your drivers license will be suspended for 1 year. For a third or more convictions within 5 years, your drivers license will be suspended for 3 years. A Hardship Permit is available with no wait.

A conviction for Fleeing Or Attempting To Elude A Police Officer counts for purposes of an Habitual Offender revocation.

We are successful in getting Fleeing Or Attempting To Elude A Police Officer (On Foot) charges dismissed for many of our clients.

Your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

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13. Failure To Take A Breath Test - ORS 813.095

If you refuse to take a breath test after you have been requested to do so in accordance with the Implied Consent Laws you can be charged with Failure To Take A Breath Test.

In order to convict you of Refusal to Take a Breath Test the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) operated a motor vehicle (6) On a public highway or premises open to the public (e.g. a parking lot) and (7) a police officer (8) with reasonable grounds to believe you are DUII (9) requests you take a breath test and (10) you refuse to submit to the test.

Failure To Take A Breath Test is an unclassified traffic offense punishable by a fine of at least $500 and not more than $1,000.

There is no license suspension or revocation for a conviction for Failure To Take A Breath Test. However, there is a 1 to 3 year license suspension for refusing to take a breath, blood, or urine test under the Implied Consent Laws.

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14. Driving While Suspended (Misdemeanor)
ORS 811.182 (1) & (4)

If you drive a motor vehicle when you know your license is suspended or revoked, or drive outside the limits of your Hardship Permit, for convictions of misdemeanor or felony crimes involving the use a motor vehicle, being a habitual offender or for failing or refusing a breath, blood, or urine test as required by the Implied Consent laws, you can be charged with Misdemeanor Driving While Suspended.

In order to convict you of Driving While Suspended (misdemeanor) the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) knowingly (6) operated a motor vehicle (7) on a public highway or premises open to the public (e.g. a parking lot) (8) at a time when your driving privileges were suspended or revoked or (9) drive outside of the permission given in a Hardship Permit and (10) you are suspended for a conviction for a crime or blood, breath, or urine test failure or refusal.

Misdemeanor Driving While Suspended is a Class A Misdemeanor. The maximum jail sentence is one (1) year and the maximum fine is $6,250. There is no additional drivers license suspension for a conviction of Misdemeanor Driving While Suspended.

Each conviction for Misdemeanor Driving While Suspended counts for purposes of a Habitual Offender Revocation.

Upon receipt of the conviction for Misdemeanor Driving While Suspended , DMV should revoke your Hardship Permit.

Conviction for Misdemeanor Driving While Suspended can be the basis for a probation violation hearing.

Your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

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15. Driving While Suspended (Felony) - ORS 811.182 (1) and (3)

If you drive a motor vehicle when you knew your license is suspended or revoked for a conviction for Felony DUII, or any degree of Assault, murder, manslaughter or criminally negligent homicide resulting from the operation of a motor vehicle you can be charged with Felony Driving While Suspended.

In order to convict you of Driving While Suspended (felony) the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) knowingly (6)operated a motor vehicle (7) on a public highway or premises open to the public (e.g. a parking lot) (8) at a time when your driving privileges were suspended or revoked or (9) drive outside of the permission given in a Hardship Permit and (10) you are suspended for a conviction for Murder, any degree of Manslaughter, or any degree of Assault which involved the operation of a motor vehicle or Felony DUII.

Felony Driving While Suspended is a Class B Felony. A conviction carries a maximum prison term of 10 years, a maximum fine of $250,000.00, and up to three years of Supervised Probation or three years of Post Prison Supervision

The Oregon Felony Sentencing Guidelines apply to a conviction for Felony Driving While Suspended.

For each conviction of Felony Driving While Suspended, your drivers license will be revoked for one year. No Hardship Permit.

Each conviction for Felony Driving While Suspended counts for purposes of a Habitual Offender Revocation.

Upon receipt of the conviction for Felony Driving While Suspended , DMV should revoke your Hardship Permit.

Conviction for Felony Driving While Suspended can be the basis for a probation violation hearing.

Your criminal history and your conduct before and after the incident and during the pendency of your case can have a significant impact at sentencing.

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16. Aggravated Vehicular Homicide

If you are DUII and you act either with criminally negligence, recklessness, or recklessly under circumstances manifesting extreme difference to human life in causing the death of another person with a motor vehicle, and you have a prior conviction for manslaughter or criminally negligent homicide with motor vehicle while under the influence of intoxicants you can be charged with Aggravated Vehicular Homicide.

You can be charged separately for each person killed.

In order to convict you of Aggravated Vehicular Homicide the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) with criminal negligence, or recklessly, or recklessly while showing “extreme indifference to the value of human life.” (6) caused the death of another person (7) with a motor vehicle. “Recklessness” is discussed above under Reckless Driving. “Extreme indifference to the value of human life” is discussed above under Assault In The Third Degree. “Criminal negligence” is discussed above under Assault In The Fourth Degree.

Aggravated Vehicular Homicide is a Class A Felony. Each conviction carries maximum penalties of 20 years in prison and a fine of up to $375,000. Each conviction carries a Measure 11 minimum sentence of 240 months in prison with no reduction of that sentence for good behavior or sentence reduction programs. The sentencing judge is required to impose the 240 month sentence.

For a conviction for Aggravated Vehicular Homicide, your drivers license will be revoked for life. You can petition the Court for restoration of your driving privileges ten years after you are released from prison.

You can be required to pay restitution to the estate of the decedent.

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17. Manslaughter in the First Degree

If you are DUII and you are criminally negligent or recklessly at fault for causing the death of another person with your motor vehicle, and you either have three prior convictions for DUII within the last 10 years or you have a prior conviction for any degree of manslaughter, criminally negligent homicide or felony assault with a motor vehicle while under the influence of intoxicants you can be charged with Manslaughter In The First Degree.

You can be charged separately for each person killed.

In order to convict you of Manslaughter In The First Degree the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) with criminal negligence or recklessly (6) caused the death of another person (7) by means of a vehicle (8) while under the influence of intoxicants and (9) you have three prior convictions for DUII in the ten year period before the incident or you have a prior conviction for vehicular manslaughter, criminally negligent homicide or any felony assault . “Recklessness” is discussed above under Reckless Driving. “Criminal negligence” is discussed above under Assault In The Fourth Degree.

Manslaughter In The Degree is a Class A Felony. Each conviction carries a maximum prison term of twenty years, a maximum fine of $500,000.00 and 36 months of post-prison supervision. Also, Manslaughter in the First Degree is a “Measure 11" offense which carries a mandatory minimum sentence of 120 months in prison with no reduction of that sentence for good behavior or sentence reduction programs. A judge is required to impose the 120 month sentence.

For each conviction for Manslaughter In The First Degree, your drivers license will be revoked for Life. You will be eligible for a hardship license ten years after you are released from prison.

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18. Assault In The First Degree

If you are DUII and you are recklessly at fault in causing serious physical injury to another person with your vehicle and you either have three prior convictions for DUII within the last 10 years or you have a prior conviction for any degree of manslaughter, criminally negligent homicide or felony assault with a motor vehicle while under the influence of intoxicants you can be charged with Assault In The First Degree.

You can be charged separately for each person injured. For an example, see the discussion of State v. Skelton under Manslaughter In The First Degree.

For each conviction for Assault In The First Degree, your drivers license will be revoked for eight (8) years. You will be eligible for a hardship license four (4) years after the last day of any jail or prison sentence you serve.

ORS 807.252 convictions may prevent you from getting a Hardship Permit at all.

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DUII CRIMES ARE SERIOUS CRIMINAL CHARGES WITH SERIOUS POTENTIAL CONSEQUENCES.

GET ADVICE FROM AN EXPERIENCED LAWYER BEFORE YOU MAKE ANY DECISIONS OR SAY ANYTHING TO ANYONE.

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