My name is Khoa Tran (scott) 46 year old male.
This is my first time DUI.
On the evening of 1/11/17 approximately 11pm I got pulled over for speeding driving over 10 miles speeding limits of 35. I believe I did very well on the sobriety tests eyes following the pen and walking toes to heels on icy road. The officer read me my rights and arrested me in Clackamas county and transport me to the county jail, at 12am I took a breath test and blew the result at 0,8%. I was placed in the drunk tank and released at 7am on 1/12/17.
After finished being processed I was very polite and cooperative answered all the questions to the officer and shooked his hand wish him luck, he shooked my hand and thanks me for being honest and cooperative.
First of all: You should never post your name or any other personally identifying information to this site, or anywhere online when discussing your legal issues. This is not a secure forum. Anyone could find what you've written here, by a simple Google search, and it could be used against you in court. Knowing your name does not help us answer your question. (Lawyers can't edit or delete our answers here, which can be embarrassing when we inevitably make mistakes; I don't know if the same is true for other users.)
Another mistake people make too often is talking to the police when arrested. See this thread for more advice about that: https://www.avvo.com/legal-answers/what-happens-after-an-investigation-is-opened-agai-2878862.html
If you already "answered all the questions" the officer asked, then you may have done really serious damage to yourself. But it is still better to consult with an attorney now and try to mitigate it, than to carry on like you've been.
Your post doesn't make it clear what happened when you were released: whether you were charged with a crime, for instance. However, I assume that you were: a 0.08 BAC on a breathalyzer is a presumptive positive for DUI in Oregon. You need to consult in private with a criminal defense attorney immediately. Do not discuss this with anyone else until you do. Do not talk to the police. If confronted by the police, say you want a lawyer and don't want to answer any questions. Then DON'T ANSWER ANY MORE QUESTIONS. Do not discuss this further on the internet.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
Yes an attorney can help you get through a difficult time when you're charged with a crime. You may be eligible for diversion which can get your case dismissed. An attorney can also help you with the license suspension and assist you with getting a hardship permit and in some cases even stop your suspension from happening.
The answer given here is for educational purposes only so those who need a lawyer can have a more successful initial meeting with a lawyer of their choice. The statements are not legal advice and the intention of this writing is that no attorney-client relationship is formed by those reading these answers. Also be sure to get a second opinion to the answers given here if you choose to do so.
You should meet with an attorney, but do so in the privacy of their office.
There are many things an attorney will be able to help you with throughout your case. The first of which is discussing/setting up an implied consent hearing. Keep in mind you only have 10 days to request this, so time is of the essence.
It is also a good idea to discuss all you options regarding your pending DUII. It sounds from your post that you may be diversion eligible, you should discuss this further with an attorney.
Nothing discussed should be taken as legal advice. Posting details of your case on an open forum could be used against you, so use extreme caution. The best way to get legal advice is to consult privately with an attorney.
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