Experienced Oregon Criminal and DUII Defense Lawyer

Tag Archives: permanent revocation

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Eugene Oregon Measure 11 Criminal & Drunk Driving Lawyer / Attorney Experienced Throughout the State of Oregon

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An Oregon drunk driving lawyer or attorney representing someone charged with causing a drunk driving (aka DUII, DUI, DWI, Driving Under the Influence of Intoxicants, Driving While Intoxicated) accident where someone is injured to also need to defend the accused of related assault charges.  These assault charges can rise to the level of what are referred to in Oregon as Measure 11 offenses.  These “Measure 11” offenses can include Assault in the First Degree and Assault in the Second Degree.  Both Assault 1 and Assault 2 carry long mandatory prison sentences with not time off for good behavior.

Oregon Law Defines Assault in the First Degree as follows:

Assault in the first degree

“(1) A person commits the crime of assault in the first degree if the person:

(a) Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;

(b) Intentionally or knowingly causes serious physical injury to a child under six years of age;

(c) Violates ORS 163.175 (Assault in the second degree) knowing that the victim is pregnant; or

(d) Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and:

(A) The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or

(B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and

(ii) The victims death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

(2) The previous convictions to which subsection (1)(d)(B) of this section apply are:

(a) Manslaughter in the first degree under ORS 163.118 (Manslaughter in the first degree);

(b) Manslaughter in the second degree under ORS 163.125 (Manslaughter in the second degree);

(c) Criminally negligent homicide under ORS 163.145 (Criminally negligent homicide);

(d) Assault in the first degree under this section;

(e) Assault in the second degree under ORS 163.175 (Assault in the second degree); or

(f) Assault in the third degree under ORS 163.165 (Assault in the third degree).

(3) Assault in the first degree is a Class A felony.

(4) It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.”

And Assault in the Second Degree:

ORS 163.175
Assault in the second degree

“(1) A person commits the crime of assault in the second degree if the person:

(a) Intentionally or knowingly causes serious physical injury to another;

(b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or

(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

(2) Assault in the second degree is a Class B felony.”

The Duvall Law Office represents those accused of all Measure 11 offenses throughout the Oregon, including cases where someone is also charged with felony drunk driving (aka DUII, DUI, DWI, Driving Under the Influence of Intoxicants, Driving While Intoxicated) and misdemeanor drunk driving.  This includes all Oregon circuit courts (including in Albany – Linn County, Corvallis – Benton County, Eugene / Springfield – Lane County and Roseburg – Douglas County) as well as all municipal courts, including Eugene, Springfield, Junction City, Cottage Grove, Coburg, Corvallis, Albany, and Roseburg, and justice courts.  If you charge charged with a Measure 11 offense, whether or not it is accompanied by a felony or misdemeanor DUI charge, call to schedule an appointment to discuss your case:  541.345.4500.

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Lesson 8: From an Oregon Drunk Driving Lawyer (aka, DUII, DUI, DWI, driving under the influence)

 

Oregon has both felony and misdemeanor Driving Under the Influence of Intoxicants (aka, DUII, DUI, DWI or more commonly called “drunk driving”) charges. In order for someone to be accused of Felony Driving Under the Influence, the person must have at least two prior DUII convictions within the preceding ten years. There are two kinds of felony drunk driving in Oregon. The first is where the person has two prior DUII convictions within the prior ten years. With this form of felony DUII, if the individual is convicted, the court must sentence the person to at least 90 days of incarceration. The more serious felony is where the person is accused of DUII in a circumstance where that individual has at least three prior DUII convictions within the previous ten years. This DUII conviction can result in the individual being sentenced to prison.

While we use the terms jail and prison casually and interchangeably in everyday conversation, what a criminal defense lawyer means by jail when they refer to that term, is typically a local county or city facility where an individual can receive a sentence of up to one year. A prison is a larger institution where individuals convicted are sent to serve sentences longer than one year. Oregon has a number of prisons spread throughout the state. The largest ones are in Salem and in Ontario. Additionally, anyone convicted of a felony drunk driving or DUII charge will suffer a permanent revocation of their driving privileges.

It goes without saying that a felony accusation of drunk driving is an extremely serious matter. It is wise to find an attorney who is experienced in defending against a charge of felony driving under the influence (DUI). If you are facing a felony DUII charge, please feel free to contact the Duvall Law Office. The Duvall Law Office handles felony drunk driving charges throughout the state of Oregon. We are based in Eugene, Oregon, and most of our DUII cases are handled in Lane County Circuit Court, Eugene Municipal Court and Springfield Municipal Court. There are other courts in Lane County including Cottage Grove Municipal Court and Florence Municipal Court. Felony DUII charges can only be tried in circuit courts. In addition to Lane County Circuit Court, we practice in the surrounding counties and throughout Oregon. Those counties include Benton County Circuit Court, Linn County Circuit Court and Douglas County Circuit Court. If you are interested in speaking to us about a charge of DUII (aka Driving Under the Influence, DUI, DWI or more commonly called “drunk driving”), please contact us to schedule an appointment at 541-345-4500.

 

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Lesson 5: From an Oregon DUII (Driving under the influenceof Intoxicants, aka DUI, DWI, Drunk Driving) Lawyer

In the last lesson, we discussed implied consent suspensions for DUII (aka Driving under the influence, DUI, DWI, or “drunk driving”). However, in addition to Oregon’s implied consent suspensions that are imposed on drivers arrested for Driving Under the Influence of Intoxicants (DUII or DUI), if the individual is convicted of Driving Under the Influence of Intoxicants, the court must impose another suspension of that person’s driving privileges. This is a mandatory suspension. The courts are required to impose this suspension and have the individual sign a notice of that suspension. The court then sends a copy of the suspension order to DMV. The suspensions for DUII conviction are as follows:

 

  1. A first DUII conviction results in a one year driver’s license suspension.
  2. A second DUII conviction within a five year period of a previous DUII conviction results in a three year suspension.
  3. A third or greater DUII conviction, regardless of how far apart they are in time, results in a “permanent” revocation of the person’s driving privileges. Many judges, prosecutors and lawyers refer to this as a “lifetime” suspension, however the term “permanent” is the correct term. While the revocation could end up being for the person’s lifetime, the definition of permanent is set forth in the Oregon Revised Statutes, and there is a procedure by which the driver, after ten years of revocation, may petition the court to once again obtain driving privileges in Oregon.

Hardship or occupational privileges during a one year or three year DUII suspension may be available; however, there are no hardship privileges if one is revoked “permanently.”

Because of the significant consequences to one being suspended or revoked as a result of a DUII (Driving Under the Influence, DWI, DUI, drunk driving conviction) conviction, one should seek the counsel of an experienced DUII attorney. Please contact the Duvall Law Office at 541-345-4500, if you would like to schedule an appointment to discuss your case. The Duvall Law Office regularly handles cases in Lane County, Oregon, and more specifically, Lane County Circuit Court, Eugene Municipal Court, Springfield Municipal Court, Junction City Municipal Court, Cottage Grove Municipal Court, Coburg Municipal Court, and various other circuit, municipal and justice courts in this part of the state.