Richard E Oberdorfer’s Answers

Richard E Oberdorfer

Portland DUI / DWI Attorney.

Contributor Level 13
  1. I got 3 dui in Oregon all misdemeanors, my drivers license was revoked for life, can i ever get my license back?

    Answered over 1 year ago.

    1. Jeffrey S Siefman
    2. Richard E Oberdorfer
    3. Derek Anthony Patrin
    3 lawyer answers

    Mr. Siefman is right. I'd add that you have the burden at your petition hearing to prove -- by clear and convincing evidence -- that you're no longer a threat. Best shot at that would be to have your AA sponsor with you and be able to testify to 10 years of continuous and stable sobriety. The actual statutory language from ORS 809.235 is here: (2)(a) A person whose driving privileges are revoked as described in subsection (1) of this section may file a petition in the circuit court of the...

    9 lawyers agreed with this answer

  2. What do i do

    Answered over 1 year ago.

    1. Ian Jeffrey Slavin
    2. Richard E Oberdorfer
    3. Derek Anthony Patrin
    4. Ethan Patrick Meaney
    5. Troy Austin Pickard
    5 lawyer answers

    Your own lawyer will be better able to allay your anxiety better than us -- if you don't have one, hire a DUII specialist now. Also, you may want to avoid additional contact or at least conversation about this case with witnesses to avoid later prosecutorial accusations (witness tampering, suborning perjury) -- again, your lawyer can help organize witnesses and walk this tightrope.

    9 lawyers agreed with this answer

  3. Does a DUII Diversion still affect your insurance?

    Answered almost 2 years ago.

    1. Richard E Oberdorfer
    2. Thomas Ifversen
    3. Ethan Patrick Meaney
    3 lawyer answers

    Insurance companies make a rate determination in part by pulling your DMV record for the last 3 years. Odds are the DUII arrest / adjudication will show up there (prefaced with a date and then, "DUII-DIVR") and your insurance rates will be set pretty high. Why not get a quote or 3 before investing in a log truck? First call a few insurance companies and get quotes and see if your new career is feasible. You can also order your DMV driving record at any full service DMV for $3. Good luck!

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  4. DUII test results variation

    Answered almost 3 years ago.

    1. Richard E Oberdorfer
    2. Nicholas A Heydenrych
    3. Mitchell Scott Sexner
    4. Wayne E. Brucar
    4 lawyer answers

    It's not unusual for two samples -- that's the norm here in Oregon with the Intoxilyzer 8000. Bottom line is: any good DUII lawyer will now how to defend this case with those blows, and you need one -- NOW. Set up an office conference with any good local DUII lawyer who knows the courts, the cops, and the law.

    9 lawyers agreed with this answer

  5. I failed my ignition interlock device what will happen

    Answered over 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 "...

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  6. 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 6 months 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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  7. 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 about 1 year 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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  8. I have driving privileges. However, I have not gone into get my license. I was pulled over, will it be suspended?

    Answered 9 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...

    8 lawyers agreed with this answer

  9. 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 9 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

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

    Answered about 1 year 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

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