Best DUI Lawyers Portland, OR Of 2024

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A DUI conviction in Oregon can flip your world upside down. Along with losing your license and facing steep fines, jail time and many other penalties, such a conviction can also haunt your professional and personal life for years to come. But here’s the thing: the right defense attorney can considerably impact the outcome of your case.

In this article, we introduce 10 of the best Portland DUI lawyers. Plus, you’ll find a guide to Oregon’s DUI laws, the penalties you might face and how a skilled attorney can benefit your case.

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DUI Lawyers

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Best DUI Attorneys in Portland, OR

Ryan J. Anfuso

OR Bar Association Status

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Year Admitted to OR Bar

Law School Attended

University of Oregon School of Law

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Whitney P. Boise

OR Bar Association Status

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Year Admitted to OR Bar

Law School Attended

Willamette University College of Law

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Mark C. Cogan

OR Bar Association Status

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Year Admitted to OR Bar

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New York University School of Law

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Andy Green

OR Bar Association Status

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Lewis and Clark Law School

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A. Alexander Hamalian

OR Bar Association Status

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Law School Attended

Lewis and Clark Law School

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David N. Lesh

OR Bar Association Status

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University of Oregon School of Law

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Richard L. McBreen III

OR Bar Association Status

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Willamette University College of Law

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Per C. Olson

OR Bar Association Status

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Lewis and Clark Law School

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Mary Sophia

OR Bar Association Status

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Lewis and Clark Law School

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Zach Walsh

OR Bar Association Status

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University of Oregon School of Law

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DUI Laws in Oregon

Oregon, like other states, makes it a crime to drive while impaired by intoxicants. This offense is known as Driving Under the Influence of Intoxicants (DUII), Driving Under the Influence (DUI) or sometimes Driving While Intoxicated (DWI). Intoxicants include alcohol, regulated controlled substances like marijuana, methamphetamine and LSD, or a combination of both.

In the sections below, we cover important Oregon DUI laws and other aspects of the crime: blood alcohol concentration limits, Oregon’s implied consent law, the consequences of a DUI conviction—both criminal and administrative, the process following an arrest and the role of a lawyer in your defense.

Legal Blood Alcohol Concentration (BAC) in Oregon

You are prohibited from driving if your Blood Alcohol Content (BAC) is 0.08% or higher. If caught driving at or above this limit, you’ll automatically face a license suspension for at least 90 days on your first offense.

If you’re under 21, Oregon’s zero-tolerance policy applies—this means any detectable amount of alcohol in your system while driving can result in a license suspension for at least a year, along with potential fines up to $300.

Commercial vehicle drivers are prohibited from operating their vehicles with a BAC of 0.04% or higher. Exceeding this limit can lead to severe penalties, including the suspension of your CDL.

Implied Consent Laws in Oregon

By driving on the state’s roads and highways, you automatically consent to breath or blood tests for determining your BAC level if an officer arrests you under suspicion of DUI. A police officer can request this test if they have reasonable grounds to believe you’ve been driving while intoxicated.

If you refuse the chemical test, you will face severe consequences:

• Immediate license suspension. Your license will be suspended for at least one year upon refusal of the test. The suspension extends to three years if you have a history of refusing these tests.
• Fines. You will face fines ranging from $500 to $1,000 in addition to the suspension.

These penalties are on top of any criminal and administrative consequences you may face if convicted of a DUI.

DUI Penalties in Oregon

In Oregon, whether a DUI charge is considered a misdemeanor or a felony depends on your previous DUI convictions and if the incident caused injury or death. Oregon differs from many states in that it does not allow plea bargaining for a lesser offense in DUI cases. Your options are to plead guilty, no contest or not guilty.

Penalties for First DUI Offense

As a first-time DUI offender in Oregon, you’re likely to face a Class A misdemeanor charge. You may qualify for the Oregon diversion program if you plead guilty or no contest and file a diversion petition within 30 days of your initial court appearance. Successfully completing this program leads to the dismissal of your DUI charge by the court. However, while the charge may be dismissed, the record of your arrest will remain.

A year-long license suspension for a first-time DUI charge is typical, but you may apply for a hardship permit. This permit allows you to drive for specific purposes, such as work, attending a rehabilitation program and essential errands like grocery shopping, taking your children to school or going to medical appointments.

You can apply for a hardship license right away, except in cases where you’ve refused a chemical test. For those instances, you must wait 30 or 90 days from the suspension of your license before applying.

Here are the penalties you will face for your first DUI.

First DUI Offense Misdemeanor

Jail Time

Two days to one year, or 80 hours of community service

Fines

$1,000 to $6,250

$2,000 if BAC greater or equal to 0.15%

Up to $10,000 if there was a minor present in the vehicle, who was also at least three years younger than the driver.

License suspension

One year

Ignition interlock device

Up to one year

Penalties for Second DUI Offense

If you have one previous DUI conviction on your record, you will still face a misdemeanor charge for a subsequent DUI offense in Oregon unless there’s an injury or death involved. However, with a prior conviction, you will not be eligible for the diversion program.

Note that you cannot apply for a hardship license if this is your second DUI conviction within a five-year period, otherwise, you can still apply, but you’d have to wait for 90 days from license suspension.

Second DUI Offense Misdemeanor

Jail Time

Two days to one year, or 80 hours of community service

Fines

$1,500 to $6,250

$2,000 if BAC is over 0.15%

Up to $10,000 if a minor is present in the vehicle who is at least three years younger than the driver.

License suspension

Three years if it’s your second offense within a five-year period

Ignition interlock device

Up to two years

Penalties for Third DUI Offense

If you’re charged with a DUI in Oregon and have no more than one previous offense within a 10-year period, it’s considered a misdemeanor. However, if you have two or more convictions within a 10-year period, your third offense will be classified as a Class C Felony.

Charges escalate to at least a Class B Felony if the DUI involves injuries or death.

While a felony DUI may lead to permanent license revocation, you can petition the court for the restoration of your driving privileges, though this can only be done after a minimum of 10 years have passed since the date of revocation. Also note that for a third or subsequent conviction, you are not eligible to obtain a hardship license.

Third DUI Offense Misdemeanor or Felony

Jail Time

90 days to five years

Fines

$2,000 if not sentenced to jail to $125,000 if facing a Class C Felony

License suspension

Permanent revocation

Ignition interlock device

Two years

What to Expect After a DUI Arrest in Oregon

If you are arrested under the suspicion of drunk driving, you will likely undergo a BAC test. Refusing or failing this test will result in the immediate confiscation of your driver’s license by the arresting officer. A temporary license will be issued in its place, but your driving privileges will be suspended by the DMV 30 days after your arrest. You can challenge this suspension by requesting a DMV hearing within 10 days of your arrest. This administrative suspension by the DMV is separate from any criminal proceedings related to the DUI incident.

After your arrest and booking, you will be brought to your first court appearance, also known as the arraignment, which may occur on the same day or soon after. During this appearance, the judge will confirm your identity and explain the charges against you. You will then enter a guilty plea, not guilty or no contest. Based on your plea, the judge will set your next court appearance date.

If you plead not guilty, your case will enter the discovery phase, during which your attorney will request all evidence that the state has against you. Your lawyer will then examine this information and develop a defense strategy.

Before your case advances, you will have a preliminary DUI hearing, in which the prosecutor must convince the judge that there is enough evidence to proceed with the charges. If the evidence is insufficient, the judge may dismiss your case. Otherwise, your case will go to trial.

How Can an Attorney Help You?

If you are pulled over and arrested for intoxicated driving, it can be scary, especially if it is your first brush with the legal system. Most people are unaware of their rights or the legal process that follows. They also don’t fully grasp the severity of the penalties they could face upon conviction or the lasting impact it could have on their future.

If you are in this situation, a DUI attorney in Oregon can help alleviate any uncertainty and guide you through the legal process. They are the first line of defense in protecting your rights, license, freedom and future. Here are some specific ways in which an attorney can help you:

• Preventing self-incrimination. The attorney will ensure you do not make any statements that could be used against you later. Your attorney will guide you on what questions you do not need to answer and what to avoid when speaking with law enforcement.
• Challenging license suspension. One of the immediate concerns after a DUI arrest is the suspension of your driving license, which is essential for fulfilling daily activities and responsibilities. Your attorney can act swiftly to contest this suspension by filing a request for a DMV hearing within the 10-day deadline. They will also help you obtain a hardship permit if that is possible in your case.
• Applying for the diversion program. For first-time offenders, Oregon’s DUI diversion program is a possible option. Your attorney can submit a diversion petition within 30 days of your initial court appearance. If you complete this program, your charges will be dismissed.
• Fighting your charges. An attorney will examine all evidence against you, including police reports, sobriety tests and chemical test results. Your attorney will scrutinize each piece of evidence for procedural accuracy and potential flaws and use the information to develop an effective DUI defense strategy to fight your charges.

How to Choose the Best DUI Lawyer in Portland, Oregon

Finding the right lawyer is key when you need to fight DUI charges in Portland. Here’s how to pick the best one for your case:

• Look for specialists. Criminal defense is a broad field encompassing various types of crimes. Choose a lawyer specializing in DUI cases and has diverse experience in everything from advocating for them in court to helping them with license reinstatements.
• Check reviews. Read what previous clients say about the lawyer. You can use social media sites and platforms like BBB and Google service profiles to find reviews. Positive reviews can tell you a lot about the attorney’s skills, how they treat clients and their work quality.
• Assess communication. Notice how quickly and clearly the lawyer answers your questions. After talking to them, you should feel more informed, not confused. A good lawyer will communicate promptly and explain things in a way that makes sense to you.
• Go for a free consultation. Many lawyers offer a free first meeting. This meeting is a chance to see if you get along with the lawyer, and it’s an excellent opportunity to discuss their fee structure, their plan for your case and what outcomes they think are possible.

Methodology for Finding the Best DUI Lawyers in Portland

To come up with the best DUI lawyers in Portland in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

Frequently Asked Questions (FAQs) About Portland DUI Laws

Can you get a DUI on private property in Oregon?

Can a DUI be dismissed in Oregon?

Can I get a DUI expunged in Oregon?