Experienced Portland DUI Defense Lawyer
An expert Portland DUI defense lawyer provides aggressive, strategic representation for individuals facing DUI charges. With extensive experience in Oregon’s DUI laws, we understand the complexities of the legal system and work to protect clients’ rights at every stage. Our experienced Portland DUI attorney will examine the evidence, challenge improper police procedures, and explore possible defenses to minimize penalties or achieve a case dismissal. Whether negotiating for reduced charges or fighting in court, our dedicated Portland DUI defense lawyer is committed to securing the best possible outcome for our clients.
Have you been arrested or cited for a Portland DUI? Call us today. Hire one of Oregon’s best DUI defense firms. We can help you get your life back on track.
This DUI strategy session is time-sensitive. Call today.
What is Considered a DUI in Oregon?
In Oregon, a DUI (Driving Under the Influence) offense occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or is impaired by alcohol, drugs, or a combination of both to the extent that they cannot safely drive.
For commercial drivers, the BAC limit is 0.04%, and for drivers under 21, any detectable amount of alcohol is illegal under Oregon’s zero-tolerance law.
An Oregon DUI can be charged even if the driver’s BAC is below 0.08% if law enforcement determines that the driver is impaired. This applies to both legal and illegal drugs, including prescription medications and marijuana, which is legal in Oregon but still subject to DUI laws.
Will I Need an Attorney for a Portland DUI?
Not necessarily, but you should at least have a DUI defense consultation. Most Portland DUI attorneys do not charge for an initial consultation. Therefore, you have nothing to lose and everything to gain by understanding more about the process, and your possible DUI defenses. If you ultimately chose to represent yourself (“pro se”), you could be at a real disadvantage.
If you can afford to retain a private attorney, hire one as soon as possible. Ideally, within days of your arrest, and before your arraignment. This is to make sure your Portland DUI lawyer can request a DMV Implied Consent hearing and prepare for the arraignment. Most private DUI defense attorneys keep busy schedules. Therefore, you do not want to start making calls the day before a DMV hearing deadline or a court appearance.
Oregon DUI Penalties
The penalties for a DUI (Driving Under the Influence) in Oregon depend on whether it is a first-time or repeat offense. Oregon has strict DUI laws, including mandatory sentencing guidelines.
First-Offense DUI
- Jail Time: Minimum 48 hours or 80 hours of community service
- Fines: Minimum $1,000 (can be higher if BAC is 0.15% or above)
- License Suspension: 1-year suspension
- Ignition Interlock Device (IID): Required for 1 year after license reinstatement
- Alcohol/Drug Treatment Program: Mandatory participation
- Probation: Up to 5 years
Second-Offense DUI
- Jail Time: Minimum 48 hours to 1 year
- Fines: Minimum $1,500
- License Suspension: 3-year suspension
- IID Requirement: 2 years after reinstatement
- Alcohol/Drug Treatment Program: Mandatory
- Probation: Up to 5 years
Third-Offense DUI (Felony DUII if within 10 years)
- Jail Time: Minimum 90 days, up to 5 years (if charged as a felony)
- Fines: Minimum $2,000
- License Revocation: Permanent revocation
- IID Requirement: If reinstated, 5 years
- Probation: Up to 5 years
Diversion Program
First-time offenders may qualify for Oregon’s DUII Diversion Program, which allows them to avoid conviction by completing a 1-year program that includes alcohol treatment, victim impact panels, and abstinence from alcohol and drugs. However, failure to complete the program results in conviction and sentencing.
Penalties can increase if the DUI involved an accident, injury, or minor passengers.
What is Oregon’s DUI Diversion Program?
Many people fear the worst in DUI cases. It’s normal to feel anxious and embarrassed. Maybe even a little angry or depressed. The worst mistake that you can make is to take the attitude of “I just want to get this over with so I’m going to plead guilty.” The best thing you can do is sit down with a Portland DUI attorney and discuss your options. Many drivers will be eligible for Oregon’s DUI Diversion Program, and may be able to have the criminal DUI charge dismissed. However, there are DUI diversion eligibility requirements, and not everyone will want to enter a guilty plea in order to enter the program.
Where Are Portland DUI Cases Heard?
Driving under the influence of alcohol or drugs in Oregon is a crime. Some people are mistakenly under the impression that a DUI charge is nothing more than a traffic ticket. The truth is that DUI is a class “A” Misdemeanor, and is punishable by one year in jail, five years probation, a $6,250.00 fine, a minimum driver’s license suspension of one year, community work service, electronic monitoring, and drug and alcohol treatment.
If you’ve been arrested or cited for a DUI, your citation will likely be sent to the Multnomah County District Attorney’s Office for review. If they charge the case, the case will be heard by the Multnomah County Circuit Court. Most defendants are cited into the Multnomah County Justice Center in downtown Portland, however some east-county and Gresham DUI cases may also be heard at the East County Courthouse (the Rockwood complex).
You can find the Multnomah County Courthouse at
Multnomah County Courthouse
1200 SW 1st Ave
Portland, OR 97204
DUI Arraignments in Portland
Your arraignment will typically be held in Circuit Court before a state judge. Arraignments are important procedurally, but you typically do not need to make any substantive decisions (e.g. you don’t have to plead guilty or request a trial) at your first appearance. However, it is critical that you appear personally for your arraignment or have your attorney do so for you, because the judge can issue a warrant for your arrest if you fail to appear, revoke any security you posted, and possibly exclude you from the diversion program if you are otherwise eligible.
Discovery (police reports, photographs, audio recordings, video recordings, etc.) are typically provided at or soon after the arraignment. You will want to review all the materials in the case with your attorney because you most likely will not understand some of the references in the materials or be able to spot issues that an experienced DUI attorney will.
After your arraignment, a review of the discovery, and a substantive meeting with your attorney, you typically report back to court for an entry of plea hearing. This is the time that you and your attorney officially indicate to the Court what you want to do (e.g. enter a plea, enter into a diversion, set the case for a Motion to Suppress, set the case for trial, etc). Depending on what you do at this hearing, you may have no more appearances before the Court, or you may have several.
What is a DMV Hearing, and Why Do I Need One?
Typically, the most time-sensitive matter with a DUI charge is dealing with the DMV Implied Consent suspension that comes with any breath test failure or breath test refusal. Oregon uses the Intoxilyzer 8000 for all breath tests, and if your test result was a .08 or greater– or if you declined the breath test– there will be an administrative suspension of your driving privileges by the Oregon DMV (Department of Motor Vehicles). This suspension is independent of any consequences or actions taken in the DUI criminal charge. The suspension typically starts 30 days after arrest without further notice to you.
In order to have a fighting chance to avoid this driver’s license suspension, you must request a DMV Implied Consent hearing within 10 days following your arrest or citation for DUI. If you’re going to be working with an attorney, it’s best to have your attorney send in the request along with his/her dates of availability for the hearing. The hearing is typically within 30 days after arrest or citation. DMV Implied Consent hearings for Portland DUI arrests are typically held at the Office of Administrative Hearings in Tualatin, Oregon.
We handle DUI cases throughout the Portland Metro Area:
- Portland DUI and Gresham DUI cases (Multnomah County Circuit Court)
- Hillsboro, Tigard, and Tualatin DUI cases (Washington County Circuit Court)
- Wilsonville, Oregon City, and West Linn DUI (Clackamas County Circuit Court)
- Troutdale DUI (Troutdale Municipal Court)
- Beaverton DUI (Beaverton Municipal Court)
- Lake Oswego DUI (Lake Oswego Municipal Court)
Which Police Agencies Make Portland DUI Arrests?
The Portland metropolitan area has a population of over 2 million people and actually spans three Oregon counties: Multnomah, Washington, and Clackamas. There are several law enforcement agencies working DUI patrols and making DUI arrests in Portland. The Portland Police Bureau, the Gresham Police Department, and the Multnomah County Sheriff’s Office are the law enforcement agencies most responsible for DUI enforcement in Multnomah County. However, the Oregon State Police also handle DUI investigations and make arrests. On average, there are a total of about 3,000 DUI arrests each year in the Portland area.
Will I Serve Jail Time for a DUI Charge?
Drivers arrested for DUI in Multnomah County will typically be booked into the Multnomah County Detention Center. If any jail service is required later as part of a sentence, you will serve additional jail at this location or at the Multnomah County Inverness Jail. Drivers eligible for Oregon’s DUI Diversion time will not need to serve additional jail time for their DUI if the charge is dismissed. However, drivers convicted of a DUI will likely serve additional jail.
The Multnomah County Detention Center Jail
The Multnomah County Detention Center Jail is located downtown in the Justice Center.
1120 SW Third Ave
Portland, Oregon 97204
Phone: 503-988-3689
Multnomah County Inverness Jail
The Multnomah County Inverness Jail is the main jail.
11540 NE Inverness Drive
Portland, Oregon 97220
Phone: 503-988-5060
What is a DUI ADES Evaluation, and Who Handles Them in Portland?
Any driver entering into the DUI Diversion Program or convicted of a DUI charge will need an ADES evaluation. For more information on the evaluations in Multnomah County, please see the Multnomah County DUI page.
Who offers Drug and Alcohol Treatment Options for a Portland DUI?
Any driver entering into the DUI Diversion Program or convicted of a DUI charge will need to complete a drug and alcohol education class or treatment. There are many providers in the Portland Metro Area, but you don’t have to complete treatment in Portland. For more information on the DUI treatment programs and providers in Portland and Multnomah County, please see the Multnomah County DUI page.
If you are searching for a drug & alcohol treatment provider that’s approved for Oregon’s DUI Diversion Program and/or a DUI conviction with probation requirements, please see this official list of Oregon Substance Use Disorders Services Directory published September 8, 2024.
What is the Victim Impact Panel (VIP), and Where Can I Attend in Portland?
Any driver entering into the DUI Diversion Program or convicted of a DUI charge will need to attend a Victim Impact Panel (VIP) lecture. Portland DUI Victim Impact Panel lectures are on the second Monday, fourth Monday and fourth Tuesday of each month at: Legacy Emanuel Hospital, 2801 N. Gantenbein Avenue, #2013, Portland, Oregon 97227. The cost is $50. Michael Morrison is the Program Coordinator, and can be reached at: 503-413-1777. Call Lisa Davidson at: 503-413-4530 to register, or email her at: [email protected]. For other VIP lecture locations, please see the Oregon DUI Victim Impact Panel list.
Our Portland, OR DUI Attorney Law Office Near You
We’ve found that many clients have enjoyed the convenience of video conferencing with our team from their phone, tablet, or computer. However, for clients who prefer in-person meetings – or for clients who need to bring paperwork to us – our office is conveniently located in Cedar Hills, right off Highway 26 (aka “Sunset Highway”).
We are located at:
Romano Law, PC
13765 NW Cornell Rd # 250
Portland, OR 97229
503-208-5529
Open 24 Hours
Portland DUI Lawyer Michael G. Romano
Michael Romano is a highly experienced Portland DUI lawyer with over 20 years of successfully defending clients against DUI charges in Oregon. He has a deep understanding of Oregon’s DUI laws and a proven track record of reducing charges, minimizing penalties, and winning dismissals. Whether negotiating a plea deal or fighting in court, Michael is dedicated to protecting his clients’ rights and achieving the best possible outcome. Here are some additional accomplishments:
- 24+ years of trial experience
- 10,000+ hours in the courtroom
- 200+ criminal jury trials
- Former Oregon DUI prosecutor, current defense attorney
- Trained in the administration of Standardized Field Sobriety Tests (SFSTs)
- In addition, trained in the instruction of Standardized Field Sobriety Tests (SFSTs)
- Trained in the operation of Oregon’s Intoxilyzer 8000 breath testing device
- Dedicated to effective DUI and criminal defense in Oregon
How Can Portland DUI Lawyer Michael Romano Help You?
With over 24 years of combined experience as a former Oregon prosecutor, Deputy District Attorney, and a highly skilled criminal defense attorney, Michael Romano is dedicated to providing exceptional legal representation to clients facing DUI charges in Oregon. His comprehensive legal expertise and proven courtroom experience make him a trusted advocate for individuals accused of driving under the influence.
A Strategic and Personalized Approach to DUI Defense
Mr. Romano’s approach to Portland DUI defense is both practical and client-focused. He offers knowledgeable, thorough, and efficient representation in DUI cases, leveraging his legal expertise and aggressive defense strategies to achieve the best possible outcomes for his clients. Whether negotiating a plea deal, challenging evidence, or representing clients in court, Mr. Romano ensures a strategic and effective defense.
He understands that every DUI case is unique and tailors his legal strategy to the specific needs of his clients. For example, a client with a diversion-eligible DUI who wants to quickly resolve their case may require a different approach than someone facing a lifetime revocation of their driving privileges, a felony DUI, or potential employment loss. His ability to adapt strategies based on the client’s personal preferences and legal situation sets him apart as a reliable and compassionate defense attorney.
Proven Results in DUI Cases
While not every DUI case needs to proceed to a motion to suppress or trial, Mr. Romano has a history of achieving not guilty verdicts (acquittals) for clients with BAC (blood alcohol content) readings ranging from .08 to .26. His experience and dedication demonstrate his commitment to delivering aggressive legal defense when necessary. He excels in:
- Analyzing evidence to build a strong defense
- Challenging the prosecution’s case
- Negotiating reduced charges or penalties
- Providing clear and compassionate guidance through every step of the legal process
Why Choose Michael Romano as Your Portland DUI Lawyer?
- Experienced and skilled in DUI defense
- Aggressive representation in court
- Effective negotiation skills to potentially reduce penalties
- Comprehensive case analysis to identify defense opportunities
- Compassionate support and clear communication with clients
- Local legal knowledge to navigate Oregon’s DUI laws
If you or a loved one is facing a DUI charge in Oregon, don’t navigate the legal system alone, call a Portland DUI attorney near you. Michael Romano has the ability, desire, and expertise to help all drivers achieve the best possible outcome for their case.
What To Do If You Are Pulled Over For A DUI In Portland
If you are pulled over for a suspected DUI in Oregon, taking the right steps can help protect your rights and minimize potential legal consequences. Here’s what you should do:
1. Pull Over Safely
- Slow down and pull over to a safe location as soon as possible.
- Use your turn signal and avoid any sudden or erratic movements.
2. Stay Calm and Polite
- Remain respectful and avoid arguing with the officer.
- Keep your hands visible on the steering wheel and wait for instructions.
3. Exercise Your Right to Remain Silent
- You must provide your license, registration, and proof of insurance, but you are not required to answer questions about alcohol or drug use.
- Politely say, “I prefer not to answer any questions without a lawyer.”
4. Decide Whether to Take Field Sobriety Tests
- Field sobriety tests (FSTs) (such as walking in a straight line or standing on one leg) are optional in Oregon.
- These tests are subjective and often used as evidence against you. You can politely decline.
5. Know the Implied Consent Law
- Breath and blood tests are mandatory under Oregon’s implied consent law.
- Refusing a breathalyzer test results in an automatic 1-year license suspension and a $1,000 fine for a first refusal.
- If arrested, you have the right to request an independent blood test at your own expense.
6. Contact a Portland DUI Defense Attorney
- If arrested, ask for a lawyer immediately and do not answer further questions.
- Do not discuss your case with police or other individuals until you’ve spoken with an attorney.
Taking these steps can help protect your legal rights and improve your chances of a better outcome in your case.
Call Us Today for a DUI Strategy Session
A DUI strategy session with our office is at once both affordable and invaluable. Initial DUI defense consultations can be by video conference, telephone call, or in-person at one of our offices. During your consultation, we will go over:
- The relevant facts of your case,
- The Oregon DUII laws concerning your case and all potential charges,
- Whether or not your case may be eligible for dismissal,
- Whether or not you may be eligible to enter Oregon’s DUII diversion program,
- Ways to avoid a driver’s license suspension through a DMV hearing,
- If you’re suspended, how to get a hardship permit, and
- An overview of possible factual and legal defenses available to you.
Many of the decisions that need to be made in DUI cases need to be made quickly.
Don’t delay. Call us today: (503) 208-5529.
When you call, please have available:
- Your Oregon DMV Implied Consent Combined Report (the long, yellow, fill-in-the-blank form),
- Your Intoxilyzer 8000 Breath Test Report (if you received one),
- A copy of your ticket or citation, and
- A pen and paper.
Will I be eligible for a public defender on my DUI?
Possibly. If you cannot afford an attorney, get a public defender at your arraignment. However, the public defender cannot help you with the DMV Implied Consent Hearing. In addition, they likely cannot help you with administrative driver’s license suspension issues. Public defenders in the Portland Metro Area are frequently overworked and may not be able to spend as much time on your case as you’d like. However, a public defender is certainly better than not having an attorney at all.
Contact an Experienced Portland DUI Lawyer Near You
If you are searching for an experienced Portland, OR DUI lawyer near you, contact Michael Romano at Romano Law PC for a consultation. Whether you’re in search of a DUI lawyer or Portland DUI attorney or need assistance specific to Oregon’s DUI process, we are here for you. Trust us for personalized support, and call us today for the legal guidance you can rely on.
