Criminal Defense Lawyer in Eugene, Oregon

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541.345.4500

If you are seeking a Criminal Defense Lawyer in Eugene, Oregon, call the Duvall Law Office to schedule an appointment. We are based in Eugene, Oregon, but represent individuals with criminal cases not only in Eugene and Springfield, but throughout the state. We regularly represent those charged with all offenses from Oregon’s Measure 11 felony offenses with their significant mandatory prison terms, to the misdemeanor of Driving Under the Influence of Intoxicants.

The primary Oregon Measure 11 statute is set forth here:

ORS 137.700

Offenses requiring imposition of mandatory minimum sentences

“(1) Notwithstanding ORS 161.605 (Maximum prison terms for felonies), when a person is convicted of one of the offenses listed in subsection (2)(a) of this section and the offense was committed on or after April 1, 1995, or of one of the offenses listed in subsection (2)(b) of this section and the offense was committed on or after October 4, 1997, or of the offense described in subsection (2)(c) of this section and the offense was committed on or after January 1, 2008, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 (Reduction in term of incarceration) or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence specified in subsection (2) of this section.

(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are:

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(a)(A) Murder, as defined in

ORS 163.115 (Murder). 300 months

(B) Attempt or conspiracy

to commit aggravated

murder, as defined

in ORS 163.095 (Aggravated murder defined). 120 months

to commit murder, as

defined in ORS 163.115 (Murder). 90 months

(D) Manslaughter in the

first degree, as defined

in ORS 163.118 (Manslaughter in the first degree). 120 months

(E) Manslaughter in the

second degree, as defined

in ORS 163.125 (Manslaughter in the second degree). 75 months

(F) Assault in the first

degree, as defined in

ORS 163.185 (Assault in the first degree). 90 months

(G) Assault in the second

degree, as defined in

ORS 163.175 (Assault in the second degree). 70 months

(H) Except as provided in

paragraph (b)(G) of

this subsection,

kidnapping in the first

degree, as defined

in ORS 163.235 (Kidnapping in the first degree). 90 months

(I) Kidnapping in the second

degree, as defined in

ORS 163.225 (Kidnapping in the second degree). 70 months

(J) Rape in the first degree,

as defined in ORS 163.375 (Rape in the first degree)

(1)(a), (c) or (d). 100 months

(K) Rape in the second degree,

as defined in ORS 163.365 (Rape in the second degree). 75 months

(L) Sodomy in the first degree,

as defined in ORS 163.405 (Sodomy in the first degree)

(1)(a), (c) or (d). 100 months

(M) Sodomy in the second

degree, as defined in

ORS 163.395 (Sodomy in the second degree). 75 months

(N) Unlawful sexual penetration

in the first degree, as

defined in ORS 163.411 (Unlawful sexual penetration in the first degree)

(1)(a) or (c). 100 months

(O) Unlawful sexual penetration

in the second degree, as

defined in ORS 163.408 (Unlawful sexual penetration in the second degree). 75 months

(P) Sexual abuse in the first

degree, as defined in

ORS 163.427 (Sexual abuse in the first degree). 75 months

(Q) Robbery in the first degree,

as defined in ORS 164.415 (Robbery in the first degree). 90 months

(R) Robbery in the second

degree, as defined in

ORS 164.405 (Robbery in the second degree). 70 months

(b)(A) Arson in the first degree,

as defined in ORS 164.325 (Arson in the first degree),

when the offense represented

a threat of serious

physical injury. 90 months

(B) Using a child in a display

of sexually explicit

conduct, as defined in

ORS 163.670 (Using child in display of sexually explicit conduct). 70 months

as defined in ORS 167.017 (Compelling prostitution). 70 months

(D) Rape in the first degree,

as defined in

ORS 163.375 (Rape in the first degree) (1)(b). 300 months

(E) Sodomy in the first degree,

as defined in

ORS 163.405 (Sodomy in the first degree) (1)(b). 300 months

(F) Unlawful sexual penetration

in the first degree, as

defined in

ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(b). 300 months

(G) Kidnapping in the first

degree, as defined in

ORS 163.235 (Kidnapping in the first degree), when the

offense is committed in

furtherance of the commission

or attempted commission of an

offense listed in subparagraph

(D), (E) or (F) of

this paragraph. 300 months

homicide, as defined in

ORS 163.149 (Aggravated vehicular homicide). 240 months”

Oregon’s primary Driving Under the Influence of Intoxicants law (aka DUI, DUII or drunk driving) is set forth here:

ORS 813.010

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

(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.

(5)(a) Driving while under the influence of intoxicants is a Class C felony if the current offense was committed in a motor vehicle and the person has, at least three times in the 10 years prior to the date of the current offense, been convicted of, or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination:

(A) Driving while under the influence of intoxicants in violation of:

(i) This section; or

(ii) The statutory counterpart to this section in another jurisdiction.

(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof.

(C) A driving offense in another jurisdiction that involved operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdictions permissible blood alcohol content.

(b) For the purposes of paragraph (a) of this subsection, a conviction or adjudication for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction or adjudication.

(6) In addition to any other sentence that may be imposed, the court shall impose one or more of the following fines on a person convicted of driving while under the influence of intoxicants as follows:

(a) For a persons first conviction, a minimum of $1,000.

(b) For a persons second conviction, a minimum of $1,500.

(c) For a persons third or subsequent conviction, a minimum of $2,000 if the person is not sentenced to a term of imprisonment.

(d) 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 (Implied consent to breath or blood test), 813.140 (Chemical test with consent) or 813.150 (Chemical test at request of arrested person), a minimum of $2,000.

(7) Notwithstanding ORS 161.635 (Fines for misdemeanors), $10,000 is the maximum fine that a court may impose on a person convicted of driving while under the influence of intoxicants if:

(a) The current offense was committed in a motor vehicle; and

(b) There was a passenger in the motor vehicle who was under 18 years of age and was at least three years younger than the person driving the motor vehicle.

Please call the Duvall Law Office if you are seeking an experienced Criminal Defense Lawyer in Eugene, Oregon, regardless of whether the charge you face is a Measure 11 offense felony, a Driving Under the Influence of Intoxicants law (aka DUI, DUII or drunk driving), or any felony or misdeanor.

Call Now to Meet with an Experienced Criminal Defense Lawyer in Eugene, Oregon

Experienced Oregon Criminal and DUII Defense Lawyer