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Oregon, DUI, DUII, Driving Under the Influence of Intoxicants, Breath Test, DUII Diversion, DUII Conviction Oregon DUI Statutes A Guide to Oregon Implied Consent Hearings Oregon Administrative Rules for Field Sobriety Tests Oregon Administrative Rules for Breath Test Oregon Administrative Rules: Divers Licenses -- Refusal, Suspensions, Cancellations, Revocations and Reinstatement Oregon Administrative Rules Implied Consent Hearings Oregon License Suspension Statutes Sitemap • Advanced Search FAQs About Oregon DUI 1. WILL I BE ABLE TO GET MY CASE DISMISSED BECAUSE I WAS NOT READ MY RIGHTS? Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you. 2. WHAT ARE MY RIGHTS? Follow this link. 3. WILL I GO TO JAIL To be honest, it depends. Let me explain. Oregon law says that Driving Under the Influence of Intoxicants is a Class "A" misdemeanor. The maximum penalty is 1 year in county jail and a $5000 fine. DUII can be a considered a felony if you are convicted of four DUII offenses in a 10 year period. If this happens, you will be sentenced to a minimum of 13 months in the state penitentiary. Typically, though, in Oregon, if you are a first time offender, you will be offered "diversion". Diversion is a program established by law that allows a person who is a first time offender to avoid a conviction upon completion of certain requirements established by the court. If you are convicted of a DUII in the State of Oregon, the minimum sentence that can be imposed is 2 days in the county jail or 80 hours of community service, a $1000 fine, and usually a 1 year driver's license suspension. County court judges usually impose a jail sentence anywhere from 5-15 days of jail. For second offenses the fine will be a minimum of $1500. For a third offense the fine will be a minimum of $2000. Obviously, the jail sentence imposed on a second or third offense will be significantly greater than the sentence imposed on a first offense. The only way to keep from going to jail or being incarcerated is to fight your case and win. 4. CAN I PLEA BARGAIN MY WAY OUT OF A DUII? In Oregon a DUII will never be plea-bargained to a non-alcohol/controlled substance offense. The legislature has passed a law that makes such plea agreements unlawful. The prosecutor has no discretion to dismiss the DUII offense in exchange for a plea of guilt to a different offense. ORS 813.170 5. IF I HAD A PRIOR CONVICTION FOR DUII WITHIN 5 YEARS OF MY RECENT DUII ARREST, WHAT WILL HAPPEN TO MY LICENSE IF I AM CONVICTED? The court will suspend your license for a period of 3 years. 6. IF I HAD THREE SERIOUS OFFENSES WITHIN 5 YEARS, WHAT WILL BECOME OF MY LICENSE? You will be deemed by the DMV as a habitual offender. Your license will be revoked for 5 years. 7. HOW LONG WILL I HAVE TO ATTEND ALCOHOL CLASSES? The alcohol classes typically mandated by the courts last 12 weeks. The court's staff will evaluate you. If you have a significant problem with alcohol or drugs, you may be ordered to attend intensive treatment which could mean having to attend classes 2 or more times per week. As a term of your probation you will be required to pay for the classes. You will also be required to abstain from the use of alcohol and non-prescribed controlled substances for the term of the classes. 9. I LOST MY LICENSE IN OREGON. MAY I OBTAIN A LICENSE IN ANOTHER STATE? In most cases, no. 10. AM I A BAD PERSON BECAUSE I WAS ARRESTED FOR DUII? No. Driving after drinking responsibly is not a crime in Oregon. It is legal to drive after drinking alcohol. However, you are well advised to never, never smell like alcohol while behind the wheel. If you do, and you are pulled over by the police, you will be arrested. Many legally innocent people are arrested in Oregon for DUII. 11. WHAT IF I BURPED WITHIN FIFTEEN MINUTES OF BLOWING? The breath machine may have read alcohol from your stomach rather than your lungs. The result will be incorrect. A similar problem occurs with dentures and people who suffer from gastroeseophageal reflux disease (GERD), heartburn or hiatus hernia. The breath test machine is merely making a estimate of your blood alcohol level based upon the level of alcohol coming out of your lungs. The accuracy of the estimate is predicated on many presumed factors. These presumptions often are not justified for many individuals. Printer friendly version If you have questions regarding the site, please contact the webmaster . Terms of Use | Site Credits | Version 5.12.7

Nevada DUI Guide: Car Insurance Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Nevada Topics Nevada DUI Nevada Car Insurance Nevada DUI Lawyers Google Search Results Nevada Car Insurance Since 1993, InsureMe has helped countless consumers save money on their auto insurance. Fast, easy and free. With our free service, enter your information once and you are instantly matched with the most competitive companies in the business. You'll get back up to five quotes so you can compare and save. At InsureMe, we shop your insurance so you don't have to. Your privacy is important to us. At InsureMe, we use the highest level of security available to safeguard your personal information. We hate spam just as much as you do, so we'll never sell or rent your email address for mass marketing. Why not get started today? Get Quote Now Home > State By State Help > Nevada DUI > Car Insurance DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us

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Georgia DUI Guide: Car Insurance Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Georgia Topics Georgia DUI Georgia Car Insurance Georgia DUI Lawyers Google Search Results Georgia Auto Insurance Since 1993, InsureMe has helped countless consumers save money on their auto insurance. Fast, easy and free. With our free service, enter your information once and you are instantly matched with the most competitive companies in the business. You'll get back up to five quotes so you can compare and save. At InsureMe, we shop your insurance so you don't have to. Your privacy is important to us. At InsureMe, we use the highest level of security available to safeguard your personal information. We hate spam just as much as you do, so we'll never sell or rent your email address for mass marketing. Why not get started today? Get Quote Now Home > State By State Help > Georgia DUI > Car Insurance DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us

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Bernalillo, New Mexico DUI/DWI Attorneys, Lawyers and Law Firms DUI/DWI Lawyers in Bernalillo County, New Mexico View all DUI/DWI Lawyers in New Mexico Search for Premier DUI/DWI Attorneys Search by State: AL AK AZ AR CA CO CT DC DE FL GA HI ID IL IN IA KS KY LA ME MH MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA PR RI SC SD TN TX VI UT VT VA WA WV WI WY -------- or --------- Search within: 25 Miles 50 Miles 125 Miles All From Zip Code: Additional Resources How a criminal lawyer can help DUI/DWI Law (Drunk Driving) FAQs State-by-state DMV Information State laws on Drunk Driving MADD Impaired Driving Facts Alcoholics Anonymous Drunk Driving State Statisics Home -> DUI/DWI -> New Mexico -> Bernalillo County Lawyers View All Bernalillo County Lawyers Premier Results: David C. Serna Founding Member National College for DUI Defense at Harvard Law, Board Certified Criminal Trial Defense Specialist, Practicing Criminal Law since 1977, National Assoc. for Reform of Marijuana Laws. Spanish speaking. See also www.sernalaw.com. 725 Lomas NW Albuquerque, NM 87102 Send Email | Click Here for Phone Number | Visit WebSite Listings for Bernalillo County DUI/DWI Lawyers: Albuquerque, NM Armijo Law Office , Cynthia Armijo, 925 6th Street, NW, Suite 9 Frechette & Associates , Rod Frechette, 116 Granite NW Gallagher, Casados & Mann, P.C. , Nathan H. Mann, 317 Commercial N.E. 2nd Floor Gregory P. Miller, Law Office of , Greg Miller, 5801 Tres Vistas Ct NW McClarkin Law Office , Richard McClarkin, 1412 Lomas NW Montoya Law, Inc. , Dennis W. Montoya, 1822 Lomas Blvd., NW The Carter Law Firm, P.C. , C. D. Carter, III, Esq., 8012 Pennsylvania Circle NE Ulibarri Law Office , Karlos Ulibarri, 110 2nd St. SW Suite 402 Bernalillo County Lawyers in related fields Criminal Defense Lawyers Are you a Lawyer? List on AttorneyPages | Find Expert Witnesses | Find Legal Information / Advice | Legal Forms | About Us | Media AttorneyPages® is not a lawyer referral service and never receives any portion of any attorney's fees.We welcome feedback from visitors but are not responsible for any attorney's advice. Use of AttorneyPages.com is subject to our disclaimer, conditions of use and privacy policy.Use for marketing or solicitation is prohibited. AttorneyPages® , ExpertPages® and FreeAdvice® are trademarks and units of Advice Company ® 1997 to 2006 - All Rights Reserved - For feedback or listing information only, contact us by phone, Fax or Email: 2330 Marinship Way Suite 120, Sausalito, CA 94965, P.O. Box 1739 Sausalito, CA 94966 (415) 331-1212 - Fax (415) 331-4255

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DWI Fact and Fiction - Field Sobriety Testing DWI Field Sobriety Testing Fact and Fiction by Peter H. Lederman and Gilbert Snowden This article was published in the New Jersey Lawyer, a weekly professional journal for New Jersey attorneys, in February of 2000. The SFST Update was subsequently published in the Fall of 2001 in the same publication. Both Mr. Lederman and Mr. Snowden have been certified in the Operators Course, designed by the National Highway Safety Transportation Administration, with Mr. Snowden also achieving certification as an Instructor in these field sobriety tests. Mr. Snowden is a retired New Jersey State Trooper and a recognized expert in Field Sobriety testing and Breathalyzer operation. SFST UPDATE! Introduction Standards for the Standard Field Sobriety Testing Program Horizontal Gaze Nystagmus Walk and Turn Test One Leg Stand Test Field sobriety testing for DWI is a crucial element in DWI prosecution and defense. Initially, field sobriety testing serves as the best method by which an investigating officer can ascertain whether the "reasonable cause" referred to in NJSA 39:4-50.4 exists, which in turn would require the suspect to submit to DWI breath testing. It is also the best way the State can establish the probable cause which must be established before a suspect can be arrested and then charged with DWI. Field sobriety testing for DWI can also be used by the Court to ultimately determine whether there are sufficient observations to determine intoxication in the absence of breath test results establishing a per se violation. Keeping the importance of field sobriety testing for DWI in mind, it is surprising how many police officers, prosecutors, attorneys and Courts lack an understanding of reliable DWI field sobriety testing procedures. Many times, Courts make decisions of great importance in deciding issues of probable cause and ultimate guilt based upon misunderstandings with regard to these tests. The purpose of this article is to identify problems which exist with regard to field sobriety testing for DWI and then to rectify these problems by reviewing proper field sobriety test procedures and evaluation techniques. The greatest problem with current field sobriety testing for DWI involves a failure to rely upon what are known as Standardized Field Sobriety Tests. The accompanying problem involves an unquestioning reliance upon what I refer to as "anecdotal" field sobriety tests. Standardized Field Sobriety Tests were developed as the result of research conducted in the mid 1970’s for the National Highway Traffic Safety Administration. The purpose of this research was to develop standardized tests which would provide a reliable method of determining intoxication from field sobriety tests. The means through which the reliability of these tests was established, was through studies based upon the scientific method. The meaning of the word "science" was considered in a recent article in the New Yorker Magazine, (July 20, 1998), while reviewing two current catastrophe sci-fi movies. The article reminded me of my high school science courses, in which the scientific method was explained as a means of discovering facts by seeking verifiable information. Stated otherwise, a "fact" could not exist and a theory could not become a fact, unless and until the hypothesized result was demonstrated again and again, upon repeated testing. This principle is stated more eloquently in the New Yorker article which suggested that, "Science is not a collection of facts no more than opera is a collection of notes. It’s process, a way of thinking, based on a single insight that the degree to which an idea seems true, has nothing to do with whether it is true, and that the way to distinguish factual ideas from false ones is to test them by experiment. To present the facts without invoking the process is like limiting an Indiana Jones film to the scene where Indy, having bathed and donned a business suit, is lauded for having discovered the lost Ark." (emphasis added). All too often, Courts are willing to accept anecdotal field sobriety tests simply because they "seem" to be reliable. Courts regularly and without question, accept sway tests (frequently with the suspect’s eyes closed), finger to nose tests (again with eyes closed), alphabet tests, finger counting tests and other similar tests, as reliable evidence of intoxication, simply because they "seem" to indicate intoxication. Frequently, Courts will rely on observations which result from these tests without having any testimony of Standardized Field Sobriety tests before them. Anecdotal tests are unreliable because they are not standardized. Since no procedure exists to administer these tests, there is no way to determine if tests are given the same way each time. Obviously, if the scientific method serves as the basis for establishing the reliability of a test, the test must be standardized. This is the case with Standardized Field Sobriety Tests which require adherence to established procedures in explaining, demonstrating and then administering tests. In the case of Standardized Field Sobriety Testing, officers are trained to look for established "scoring factors" which must be evaluated in determining whether or not intoxication exists. A finding of intoxication can only arise once sufficient scoring factors are identified. Upon the identification of only a single scoring factor, an evaluation would be required of a high degree of probability of non-intoxication. When additional scoring factors are identified, probabilities of intoxication are assigned to evaluate test results. With this in mind, the following information is provided with regard to the three Standardized Field Tests, which are the walk and turn test, the one leg stand test and the horizontal gaze nystagmus tests. It is hoped that this information will raise the awareness of the bar and bench in particular, as to the existence of these tests, the lack of scientific basis for anecdotal tests and the need to limit evidence at the time of trial to scientifically reliable field sobriety testing. Home | Proposed DWI/ DUI Reforms | DWI News Field Sobriety Testing - Facts and Fiction | Feedback | Search NJ DWI NJ-DWI Table of Contents | Contact our Law offices Visit the New Jersey DWI Defense Pages All contents Peter H. 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