Richard E Oberdorfer’s Answers

Richard E Oberdorfer

Portland DUI / DWI Attorney.

Contributor Level 12
  1. What were the DUI Laws in the year 2000

    Answered about 1 year ago.

    1. Richard E Oberdorfer
    2. Jay Bodzin
    3. Justin N Rosas
    4. Jonah Morningstar
    4 lawyer answers

    Since you're in Salem, you can try the law libraries at Willamette University or across the street at Oregon's Supreme Court. Good luck, and make friends with the nice librarians. Primary sources rule! And of course Oegon's DUII law was similar then and now: not illegal to drink and drive, but it is illegal if you've had too much. "Too much" means your blood at the time of driving is .08% BAC or higher or you've had so much that your mental or physical faculties are adversely affected to a...

    12 lawyers agreed with this answer

  2. I am doing diversion for a DUI. I was told that my UA came back dirty. I have not drank nor taken any drugs.

    Answered over 1 year ago.

    1. Jay Bodzin
    2. Richard E Oberdorfer
    3. Richard Timothy Jones
    4. David B Pittman
    5. Shelley L Fuller
    5 lawyer answers

    Should you sign an incriminating statement that will be used to convict you, put you in jail, cause a 1-year license suspension, and at least $1000 fine? Probably not -- get a good local DUII lawyer, now! You can't afford not to.

    12 lawyers agreed with this answer

  3. What happens if you fail your initial urine analysis when in DUII Diversion?

    Answered 3 months ago.

    1. Richard E Oberdorfer
    2. Sarah M Hays
    3. Peter R Tovey
    4. Derek Anthony Patrin
    4 lawyer answers

    To successfully complete DUII Diversion, you must successfully complete alcohol treatment with 90-days of continuous alcohol abstinence. If a urine test discloses alcohol use, you must re-start the 90-day abstinence clock (usually at the same provider, unless they're frustrated with you for other reasons) and at a higher level of care. However, I have to point out that your Diversion contract contains your promise to not drink for the full year of Diversion. Boozing at at a friend's birthday...

    11 lawyers agreed with this answer

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  4. What's the difference between pleading no contest vs guilty for a duii? Are there any advantages to pleading no contest?

    Answered 8 months ago.

    1. Richard E Oberdorfer
    2. Damien S Donnelly-Cole
    3. Karen J Mockrin
    3 lawyer answers

    Are you aware that by entering DUII Diversion you're agreeing to a "blow-and-go" (Ignition Interlock Device) for any car you drive for the next year? That you're agreeing to no drinking whatsoever for the next year? If you blow it, you get convicted as if you went to trial and lost? It seems like you might want to talk to another DUII trial attorney before making this decision. Also, by acting unrepresented for the next year, you'll have no one to turn to and no one on your side in the court...

    11 lawyers agreed with this answer

  5. Can I get my requirements for a DWI dropped if I live in another state now?

    Answered about 1 year ago.

    1. Richard E Oberdorfer
    2. Anthony Michael Solis
    3. Sunil K Raju
    4. Derek Anthony Patrin
    5. Jasen Bodie Nielsen
    5 lawyer answers

    Call NH DMV, as a few lawyers have mentioned. Do EVERYTHING they tell you to do to get your licensing cleared up. The fact you've geographically moved is unimportant (otherwise, everyone convicted of a DUII could simply move across a state line after treatment and say, "All done!"), except that it may be a probation violation for moving without permission of the court (but then again, it sounds like a pretty old conviction so I'm guessing you're probation term has expired). Call your old NH...

    11 lawyers agreed with this answer

  6. When exactly does a cop need to explain my Miranda Rights?

    Answered over 1 year ago.

    1. Joshua Pond
    2. Richard E Oberdorfer
    3. Christopher S Ison
    4. Macy Michelle Jaggers
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    I just want to comment on a couple issues: (1) can your Oregon DUII or MIP be "reduced," and (2) the intelligence or a MIP "Diversion." First, since you're a juvenile, a good DUII lawyer may be able to move your case to juvenile court. There's a myth that DUIIs are "automatic remand" in Oregon to adult court. Second, if you participate in MIP diversion or any other form of court-ordered treatment for lighter treatment, you may be barring yourself from DUII Diversion for at least 15 years. In...

    11 lawyers agreed with this answer

  7. Can a Oregon DWI be espunged from my DL Records, it has been over 6 years and has created problems with obtaining full time work

    Answered 9 months ago.

    1. Damien S Donnelly-Cole
    2. Richard E Oberdorfer
    3. Karen J Mockrin
    3 lawyer answers

    Your question doesn't indicate conviction or arrest -- Oregon DUII arrests CAN be expunged from your record, if they end in a non-Diversion dismissal. This was a big change to Oregon's expungement statute a few years ago, brought about in large part to some over zealous policing that led to people with .00% BAC and no drugs on board being arrested for DUII -- then suffering a non-expungeable arrest record for the rest of their life. That's fixed now. Here's one of the reasons for the change to...

    10 lawyers agreed with this answer

  8. If you are arrested do they have to offer you an attorney

    Answered 11 months ago.

    1. Richard E Oberdorfer
    2. Jeffrey S Siefman
    3. Anthony Michael Solis
    4. David L Robinson
    4 lawyer answers

    Unfortunately no. The seminal case is State v Moore, that says the onus is on the arrestee to ask to communicate ("Can I make a call?" Etc.).

    10 lawyers agreed with this answer

  9. Arrested for DUI but not charged?

    Answered 11 months ago.

    1. Richard E Oberdorfer
    2. Christopher Irvin Simser
    3. Loren Weiss Pincus
    3 lawyer answers

    The DA has 2 years to charge you with misdemeanor DUII, 3 years for felony (felony requires at least 2 prior in the past 10 years). The more time that goes by for you, the better. You're eligible for expungement now, but I would STRONGLY suggest that you wait until the 2 years has expired, to avoid the DA changing his mind and charging you with SOMETHING from this case (e.g., Reckless Driving, Endangering, etc.). You should get a lawyer to help with the expungement in 2 years in any event, who...

    10 lawyers agreed with this answer

  10. What to expect at first court appearance for dui

    Answered 11 months ago.

    1. Richard E Oberdorfer
    2. Andrew M Kohlmetz
    3. Derek Anthony Patrin
    4. Garren Pedemonte
    4 lawyer answers

    It depends on what court you are being prosecuted in. The first appearance is called "arraignment," and is either fast and painless (if you have a lawyer, you often don't even have to go, ORS 135.030), or excruciatingly scary and confusing and time-consuming. I have seen many people without lawyers say "the wrong thing" at arraignment and upset the judge or seriously damage their case. Trying to handle your criminal case on your own is like home-surgery, or handling radioactive material and...

    10 lawyers agreed with this answer

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