The 4th of July is the most active in terms of DUI charges and arrests throughout the Northwest.  Here is a bit of levity for those facing this problem.

THE DESIGNATED DECOY

One night, a police officer was stalking out a particularly rowdy bar for possible violations of the driving under the influence laws. At closing time, he saw a fellow stumble out of the bar, trip on the curb, and try his keys on five different cars before he found his. Then, sat in the front seat fumbling around with his keys for several minutes. Everyone left the bar and drove off. Finally, he started his engine and began to pull away.

The police officer was waiting for him. He stopped the driver, read him his rights and administered the Breathalyzer test. The results showed a reading of 0.0. The puzzled officer demanded to know how that could be. The driver replied, "Tonight, I'm the Designated Decoy."

Ha, ha.  When you need expert legal advice on your DUI charge contact the Law offices of Paul F. Sherman at (503) 223-8441.

The Oregon Legislature has created a “Super DUII” category as an enhanced penalty for Driving under the Influence.

INCREASED MINIMUM DUII PENALTIES

Oregon law now provides for a mandatory minimum fine of $2,000 for DUII defendants with a high Blood Alcohol Content (BAC).  ORS 813.010 provides in pertinent part “For a person who drives a vehicle while the person has 0.15 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, 813.140 or 813.150, a minimum of $2,000.”

Prior to 2009, DUII fines were based on whether the DUII defendant had a prior conviction.  The First DUII conviction required a fine of $1,000; Second DUII conviction $1,500, and Third DUII Conviction $2000.

If you or someone you know has been arrested or charged with a BAC of “0.15” or higher during or immediately after a DUII Stop, it is essential that you seek representation from an experienced DUII attorney immediately.  It may be possible to avoid the enhanced penalty.  Call the Law Offices of Paul F. Sherman at (503) 223-8441 for expert advice regarding you rights as a Super DUII defendant or Contact Us for a Free Super DUII consultation.

In November 2010, Oregon voters overwhelmingly approved the Oregon Crimefighting act which substantially increases the penalties for Felony DUI.  The act creates a felony for a third DUI conviction in ten years and mandates 90 days prison time.  The pertinent portions of the act are as follows.

Driving under the influence of intoxicants (ORS 813.010) shall be a class C felony if the defendant has been convicted of driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction, at least two times in the 10 years prior to the date of the current offense.

b. Once a person has been sentenced for a class C felony under this section, the 10-year time limitation is eliminated and any subsequent episode of driving under the influence of intoxicants shall be a class C felony regardless of the amount of time which intervenes.

c. Upon conviction for a class C felony under this section, the person shall be sentenced to a mandatory minimum term of incarceration of 90 days, without reduction for any reason.

Because Measure 73 is an initiative and it does not expressly provide for a different effective date, Article VI, section 1(4)(d), of the Oregon Constitution provides that it becomes effective “30 days after the day on which it is enacted or approved by a majority of the votes cast thereon.”  Under this calculation, the effective date is December 2, 2010.

The maximum penalties for a conviction of a Class C felony include 5 years imprisonment and a $125,000 fine.  Felony DUI now carries a mandatory minimum of 90 days.

For more information, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free Felony DUI consultation

With Spring fast approaching many people will soon be taking to the water to enjoy fishing and other recreational activities in their boats.  Many people do not understand the rules governing boating under the influence as well as its counterpart DUI.  In the Northwest, boating is a part of everyday life for many people, and understanding the laws which govern BUI is essential.  While the law which govern DUI and BUI are different is several respects, the BUI and DUI violations have similar standards for measurement.

For more information regarding your rights as a BUI defendant, call the Law Offices of Paul F. Sherman at (503) 223-8441 or toll free at (888) 824-2151 or Contact Us for a Free BUI consultation.

Methods for Measurement of BUI

There are three methods of measurement for boating under the influence.  Failing any one of these test can result in a BUI charge.

·         .08 blood alcohol by breath test

·         .08 blood alcohol by blood test

·         Behavioral evidence of intoxication

All boating operators are under the implied consent requirements for submitting to testing for intoxicants.  However, unlike DUI, a refusal does not operate as an automatic suspension of your boating privileges.  The refusal may however be offered as evidence against you on the charge of BUI.  A conviction for operating a boat under the influence of alcohol or a controlled substance is a Class A Misdemeanor.

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The penalties for operating a boat under the influence are substantial and can result in jail time and the loss of your operating privileges.  For more information regarding the defense of your rights on BUI charges, call the Law Offices of Paul F. Sherman at (888) 821-2151 or Contact Us for a Free BUI consultation.

The State of Washington has standard penalties for those convicted of driving under the influence.  However, drivers with extremely high blood alcohol content (BAC) may be subject to more severe or enhanced DUI penalties.  Washington requires drivers to maintain the legal limit of a BAC lower than .08%.  Drivers arrested with a BAC of .15% may face these increased penalties.

If you or someone you know has been arrested or charged with a DUI with a BAC of higher than .15% during or immediately after a traffic stop, it is essential that you seek representation from an experience DUI attorney immediately.  Call the Law Offices of Paul F. Sherman at 888-824-2151 for expert advice regarding your rights as a DUI defendant or Contact Us for a FREE DUI consultation.

INCREASED MINIMUM DUI PENALTIES

Blood Alcohol Content (BAC) is determined by a number of different measurement techniques.  The Breathalyzer test is the most common method used by police officers on the road.  Urine and blood tests are also used.  Courts routinely use these measurements to determine the penalties for a DUI.  Prosecutors may seek enhanced penalties as follows:

·         Jail sentences of 48 days to 1 year

·         Electronic home monitoring of up to 30 days

·         License suspension of up to 2 years

·         Ignition Interlock Device requirements for up to one year

·         Probation for up to 5 years

·         Fines of up to $5000

The penalties can become more severe with each additional offense

If you or someone you love has been charged with a DUI with a high BAC, the consequences can literally destroy your professional aspirations and personal relationships.  Contact the Law Offices of Paul F. Sherman at 888-824-2151 for the expert legal help you need to protect your rights or to learn more about your legal options Contact Us for a FREE HIGH BAC DUI consultation.

First Offense DUI.  Driving under the influence is a Class A misdemeanor for a First Offense DUI defendant.  A conviction for misdemeanor drunk driving carries a maximum jail sentence of one year and/or $6,250 fine.  First offense drunk driving defendants are generally eligible for diversion.

FIRST OFFENSE DUI DIVERSION

When you need an experienced DUI Diversion Attorney

First Offense DUI Diversion programs allow eligible individuals to avoid a DUII conviction and other serious sentencing penalties upon successful completion of the diversion program requirements.  A successful completion of diversion results in the dismissal of the DUII charge at the end of one year. For more information about the Oregon DUII diversion program, call Paul Sherman today at (503) 223-8441 for a FREE FIRST OFFENSE DUI DIVERSION consultation.

A first offense DUI defendant seeking to enter diversion must first plead guilty to the DUI offense.  Few people will want to plead guilty to an Oregon DUII (a Class A misdemeanor crime) without the assistance of an experienced DUII attorney.  This is especially true when a criminal conviction and court sentence are now mandatory if diversion is terminated for any reason. This results in mandatory jail time and license suspension. There is no trial and no get out of jail free card.

PAUL F. SHERMAN IS AN EXPERIENCED FIRST OFFENSE DUI DIVERSION ATTORNEY

If you need more information about FIRST Offense DUI Diversion contact the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a FREE diversion Consultation.

Police in the Vancouver/Portland Metro area are increasing patrols during Super Bowl weekend.  In the hours after the Super Bowl, State troopers will be out in force throughout Oregon and Washington to catch drivers under the influence.

Police are also asking fellow drivers to report anyone driving suspiciously or under the influence.  Officers will be deployed to areas where previous drunk driving accidents and DUI arrests have occurred.  Last year, a record number of impaired drivers were arrested in Clark, Multnomah, Washington and Clackamas counties.

If you or someone you know has been charged with DUI, these charges can change your life, contact the DUI attorneys of the Law Offices of Paul F. Sherman today at 888-824-2151 or Contact Us for a FREE DUI Consultation.

Welcome to the Oregon DUII blog.  The Law Offices of Paul F. Sherman are dedicated to providing our clients with exceptional DUII and Criminal Defense representation to our clients in Oregon, Washington and California.  Let us put our experience and trial skills to work for you and your family.  We also represent our clients in divorce, custody, family law matters, estate planning and personal injury concerns. Contact us now for a FREE CONSULTATION and put justice on your side.