Richard E Oberdorfer’s Answers

Richard E Oberdorfer

Portland DUI / DWI Attorney.

Contributor Level 12
  1. I failed my ignition interlock device what will happen

    Answered almost 2 years ago.

    1. Richard E Oberdorfer
    2. John E. Schlosser
    3. William Francis
    3 lawyer answers

    Oregon's DUII Diversion contract includes a promise to not drink alcohol at all during the entire year of the contract -- save religious observances, so it is possible to blow some amount into an IID and not necessarily be in violation of your Diversion Contract. However, that's one hell of a communion or kiddush cup! The IID and treatment folks advise that every time you blow over or even under the .025% preset, it's recorded. They can report each violation to the court and schedule you for a "...

    8 lawyers agreed with this answer

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  2. My brother had 3 DUI over 10 years ago in Washington. He moved to Oregon and since has stayed out of trouble. Until last night

    Answered 28 days ago.

    1. Richard E Oberdorfer
    2. Sarah M Hays
    3. Stanton Crane Shelby
    4. Henry David LeSueur
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    Ms. Hays brings up a scary point -- if the Washington cases are unadjudicated (warrant status) but still capable of being revived, your brother may set himself up for Felony DUII prosecution here in Oregon. He needs to talk to either: (a) a DUII specialist who is licensed in both Washington and Oregon; or (b) an Oregon DUII specialist who can recommend a Washington DUII specialist. Don't post any more details about your brother's delicate situation in this non-confidential online forum, and get...

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  3. What would i need to do to get a drivers license in oregon if i was convicted of a DUI in california 4 years ago?

    Answered 10 months ago.

    1. Richard E Oberdorfer
    2. Stephen Ross Cohen
    2 lawyer answers

    Assuming you are now in fact an Oregon resident, your best bet is to visit a full-service Oregon DMV with proof of that residence and identity. You can review Oregon DMV's requirements for those documents at www.oregondmv.com. One of the questions that DMV will ask you is, "Are you now, or have you ever been, suspended or revoked from driving privileges in any state? When, where and why?" Or words to that effect. If you are currently suspended in California for failure to complete treatment (or...

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  4. I have driving privileges. However, I have not gone into get my license. I was pulled over, will it be suspended?

    Answered 4 months ago.

    1. Richard E Oberdorfer
    2. Damien S Donnelly-Cole
    3. William Francis
    4. Peter R Tovey
    5. Jay Scott Finnecy
    5 lawyer answers

    The correct cite for this is known colloquially as "No Ops," and is not Driving While Suspended -- because, well, your license was not suspended at the time of driving. You may be looking at a suspension if you have 3 other tickets in the last 2 years under Oregon's Driver Improvement suspension and restriction program. It's best to hire a good traffic ticket lawyer to find out, and to fight the ticket to try to keep it off your record. Also, if you were convicted of DUII, you must install an...

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  5. If I refused to take a breathalizer test on my second DUI and my licence was suspended for three years, do I have other options?

    Answered 4 months ago.

    1. Richard E Oberdorfer
    2. Peter R Tovey
    3. Damien S Donnelly-Cole
    3 lawyer answers

    Gosh, you should have asked a lawyer before responding to DMV's letter by incurring the expense of an IID and SR-22. This problem is common for people like you dealing with multiple suspensions. And I'd be remiss if I didn't say: if you had intended to plead guilty all along, you should have taken the breath test and had only a 1-year, rather than 3-year, suspension. DUII is complicated -- even lawyers need to specialize in it to really understand all the ins and outs. The lawyer who...

    8 lawyers agreed with this answer

  6. My Husband recently was arrested for his third DUII here in Oregon. Will his Driver's license be suspended for Life?

    Answered 9 months ago.

    1. Richard E Oberdorfer
    2. Blake Nathaniel Dore
    3. Robert Glenn Crow
    4. Emily M. Oberdorfer
    4 lawyer answers

    Oregon has a Lifetime License Revocation for people convicted of their third DUII. If your husband has 2 prior convictions, then he is looking at a Lifetime Revocation -- unless he wins at trial, or on a motion to suppress, or in some other way has a good lawyer fight for him. There is a short time fuse -- 10 days from arrest -- to request a DMV Hearing, which is where we lawyers find a lot of the Constitutional errors of the police. Bottom line, get him in to talk to a good lawyer, ASAP!

    8 lawyers agreed with this answer

  7. What's the possibility of getting convicted of a DUI for literally blowing a .02?

    Answered 11 months ago.

    1. Ian Jeffrey Slavin
    2. Karen J Mockrin
    3. Richard E Oberdorfer
    4. Samuel Cohen
    5. Robert Jason De Groot
    5 lawyer answers

    Reality: most cops think if you have ANYTHING to drink, you're DUII. This is not the law. They believe that you are impaired by one beer. That's not the science. Unless there was a drug evaluation in your case or you'd used drugs other than booze (please don't answer that question online), the low-BAC should help you not get charged. On the other hand, if you have no record maybe the DA will charge you under the assumption that you'll enter Diversion rather than take your chances at trial. All...

    8 lawyers agreed with this answer

  8. I got a DUI citation, have a perfect driving record, what are my options so I do not lose my driving privileges?

    Answered about 1 year ago.

    1. Richard E Oberdorfer
    2. Jeffrey S Siefman
    3. Emily M. Oberdorfer
    4. Jeffrey A Turnoy
    4 lawyer answers

    It depends on how things went with the Implied Consent process. Did you fail or refuse a breath test? If not, then you aren't looking at an Implied Consent suspension. If so, then you need a lawyer now and a tight timeline applies to you asking for a hearing on the suspension in writing. Of course the criminal charge, if any, is a separate proceeding where you are facing at least a one-year license suspension -- with a few ways to avoid it, with a good DUII lawyer. The last three words are the...

    8 lawyers agreed with this answer

  9. What are the likely consequences for a second DUI offender?

    Answered over 1 year ago.

    1. Clayton Tullos
    2. Thomas Ifversen
    3. Richard E Oberdorfer
    4. Sunil K Raju
    5. Jasen Bodie Nielsen
    5 lawyer answers

    To echo Mr. Ifverson: if I had a client in this situation who wanted to minimize jail time, I would strongly suggest treatment now -- and to show up for any sentencing with an AA sponsor and a date of sobriety. Find a home group. If your case is defensible and needs a trial, treatment is still a good idea in case you are convicted.

    8 lawyers agreed with this answer

  10. Blew a 0.07 in Oregon, intially was pulled over for merging onto the highway too soon and was given a DUII. What should I plea?

    Answered over 1 year ago.

    1. Ian Jeffrey Slavin
    2. Bryan Richard Boender
    3. Jay Bodzin
    4. Richard E Oberdorfer
    5. Allison L Williams
    6. ···
    9 lawyer answers

    You cannot afford to NOT have an attorney.

    8 lawyers agreed with this answer

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