434 NW 19th Avenue, Suite A |
Portland, OR 97209 | 503.546.2928
Lesh PORTLAND OREGON DUII
"I defend and help people facing DUII charges and
license suspensions in the State of Oregon.
Call 503.546.2928 for immediate assistance."Former DUII prosecutor. Author of the Oregon DUII Guide. More than 24 years
as an Oregon attorney.
David Lesh, a former Oregon DUII prosecutor, is an experienced attorney providing professional and affordable defense to men, women, and juveniles facing misdemeanor and felony Oregon DUI
and companion charges in Multnomah, Clackamas, Washington, Columbia,
Clatsop, Tillamook, Hood River, and Yamhill counties.
Additionally, he represents Oregon drivers facing a DMV "implied consent" license suspension for refusing or failing a breath, blood, or urine test.
If you wish to contest the proposed suspension of your right to drive in
Oregon, the Hearings Office must receive your request no later than 5:00
p.m. on the 10th day following your arrest. Consult the
for more information.
Prior to opening his own law practice, David Lesh worked as a successful prosecuting attorney and then served as lead lawyer to the largest
municipal law enforcement agency in the state. In five years as an Oregon deputy district attorney, David Lesh successfully tried numerous
Oregon DUI cases and prosecuted nearly every type of major traffic offense. His professional experience, trial skill, and criminal defense expertise are unmatched among
Oregon DUI lawyers.
Mr. Lesh writes and speaks on criminal matters and has been interviewed by
CNN, USA Today, Lawyers Weekly USA, and other media. David Lesh
has also instructed hundreds of public safety officials
in classes throughout Oregon. Of course, these organizations and individuals demand the best, and so should you.
When an individual faces a drunk driving or other criminal charge,
one of the most important decision they make is who to retain as their Oregon DUI lawyer. Choose an
attorney that will give your case confidential, personal, and professional attention.
Mr. Lesh's legal background, negotiation skill, and trial expertise can make all the difference when you or someone you love face an Oregon DUII, reckless driving, hit and run, or other major traffic offense.
Call David Lesh today at 503.546.2928 for a free consultation if you would like to speak with an experienced
State of Oregon DUII lawyer.
Mr. Lesh's law office is located at
434 NW 19th Avenue (on the corner of NW 19th and Glisan). Use this
link to obtain driving directions from
Q and A
Question: What is the difference between
DUII, DUI, DWI, OWI, OUI, OVI etc.?
Answer: These terms are all acronyms that refer to the crime commonly known as "drunk driving." Many states have slightly different names for this charge. In
Oregon, the exact charge is called "driving under the influence of intoxicants." Therefore, most
Oregon lawyers, police officers, and court officials use the term "DUII." This website uses the terms
DUI, DUII and DWI interchangeably.
What information do I need to know if I've been charged with a State
DUII in Oregon is usually a Class A misdemeanor crime. [A
may be a Class C felony if the defendant has been convicted of
DUII at least two times in the 10 years prior to the date of the current offense.] Upon conviction, a defendant can receive significant penalties including: probation; jail time (or even prison for a
DUII); a license suspension ranging from one year to life; a minimum $1,000 fine; and alcohol treatment. As you would expect, the penalties sought―fines, jail (or prison) time, length of probation and suspension―generally increase for a second, third, fourth, etc.
Question: Will my license to drive be suspended?
Oregon driver license (or your right to drive in Oregon if you're licensed out of state) may be suspended for failing―BAC .08% or greater (lower for CDL drivers and minors (persons under 21 years of age))―a breath or blood test or for refusing a breath, blood, or urine test. If you act quickly (typically within 10 days of your arrest), you can request an appeal of the proposed suspension for failing or refusing the test. A hearing will then be scheduled on your appeal request. Contact an
Oregon DUI lawyer for more information.
If you had a valid Oregon drivers license at the time of your breath test failure / refusal, you should be issued a temporary permit that will allow you to drive for 30 days until your suspension is scheduled to begin.
If you are convicted of
DUII, your license will be suspended or revoked for one year (suspension), three years (suspension), or life (revocation). A driver also faces a suspension / revocation if convicted of other traffic crimes such as reckless driving, vehicular assault, or hit and run.
Question: But I really need my license. Can I get a hardship / conditional / probationary
/ work permit?
Oregon hardship permitmay be available to you if your license was suspended. [Hardship permits generally are not available for license "revocations" including lifetime license revocations resulting from a third
or felony DUII conviction.] Keep in mind that there is often a significant "black out" or waiting period (typically 30 days, 90 days,
one year, or three years) before you can obtain a hardship permit in
Question: I am licensed to drive in Washington / California / another state and was cited for a
DUII in Oregon. Will my driver license be suspended?
Answer: Oregon only has the authority to suspend your right to drive in
Oregon. Put another way, Oregon cannot suspend your license in Washington, California or any other state. HOWEVER, Oregon and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact." See ORS
802.540. In general terms, Oregon is required to report an
Oregon DUII conviction to the home state of the driver (assuming the home state has also adopted the Compact). Your home state will then generally take action to suspend your license.
This also works in reverse. If you are an
Oregon licensed driver and you receive a
DUI / DWI / OWI / OVI / OUI out of state, Oregon will suspend you license if it learns of the conviction. See ORS 809.400.
Question: Will I be able to negotiate my
Oregon DUII charge down to a lesser offense such as "negligent driving," "reckless driving," "wet reckless" or a "driving while ability impaired?"
Answer: No. While
plea agreements of this type are common in some states, in
Oregon this practice is prohibited by state law, specifically ORS 813.170. Other charges, such as reckless driving,
failure to perform the duties of a driver, criminal mischief in the
second degree, etc., are subject to plea negotiations, reduction and dismissal.
Question: What about
the DUII diversion program?
Answer: If a person qualifies for DUII diversion, they may be able to avoid a DUII conviction and the accompanying penalties and consequences. Learn more about the
Oregon Diversion Programhere.
Question: Will I be able to seal or expunge my
Oregon DUI arrest, diversion, or conviction?
Answer: Unfortunately, no.
Oregon law does not allow an individual to seal or expunge a
DUII diversion or a DUII conviction. See ORS 137.225(6)(a).
[If you're found not guilty at trial or if your case is dismissed for
some reason other than a diversion, you may be able to expunge your
arrest record.] Do not fall for internet sales pitches that claim
that they can "Clear your DUI Record." At best, you will be
wasting your money.
Question: What are the fines / fees associated with a
DUII conviction in Oregon?
Answer: Oregon law requires a minimum fine of
between $1,000 and $3,000. In addition to the fine, defendants can expect to pay:
* approximately $300 - $400 in miscellaneous fees
to the court;
* $150 for the alcohol evaluation;
* $50 or less for the victims impact treatment session;
* Fees for each of the alcohol / drug treatment classes;
* A monthly probation fee.
Payment of the fine and most of the fees may generally be spread out over the length of probation (monthly payments).
Question: What parts of the State of Oregon does David Lesh serve?
Answer: As an Oregon lawyer, Mr. Lesh serves client's all over the state. However, the bulk of his
DUII practice is concentrated in the following counties and cities:
Multnomah County, Clackamas County, Washington County, Clatsop County,
Tillamook, Yamhill County; and Portland, Gresham, Hillsboro, Lake
Oswego, Oregon City, Beaverton, West Linn, Wilsonville, Troutdale,
Milwaukie, Canby, and McMinnville.
"Thank you for being such a nice and effective attorney. This was a
very scary time for me and you made it almost painless. If I know of
someone who needs your expertise in the future, I will highly recommend your
"I cannot thank you
enough for your outstanding representation and paragon performance
in the courtroom on Friday. It was a pleasure to have someone
as adept as you to argue for the reduced sentence with the more
lenient but better societal outcome in terms of service to the
community that this provides - not to mention how it will help in my
life to attend more recovery meetings on weekends. Thanks a
"You are a very kind man. Thank you so much. We will not
let you down."
C., J., and D.
Websites, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Drunk Driving - Oregon DUI Lawyer - Oregon DUII Attorney - DWI - lawyer / attorney for advice about any specific problem that you may have. Oregon attorneys are governed by the Oregon Code of Professional Responsibility. This website may be considered an advertisement for services under the Code of Professional Responsibility. Mr. Lesh is an Oregon DUII lawyer and does not seek DUI or other cases outside of the State of Oregon. Mr. Lesh provides drunk driving (DUI) and criminal defense assistance to the communities of: Portland, Gresham, Beaverton, Hillsboro, Tigard, Lake Oswego, McMinnville, Oregon City, Tualatin, West Linn, Woodburn, Milwaukie, Forest Grove, Wilsonville, Troutdale, Sherwood, Canby. Read our
privacy statement. Mr. Lesh accepts Visa and MasterCard.
Copyright 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005,
2004, 2003 by David Lesh.
Site Content: Frequently asked
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happen on DUIS, DUI'S DUII'S ODL, DISP, DUII Intensive Supervision Program,
CDL, 1st, 2nd, 3rd, 4th DUI, commercial drivers license, faqs, Penalty Drunk
Driving Law, DUI laws, Consequences of a First DUII, traffic, Second DUI
Citations, DUI DWI OUI OWI OMVI DUIL DWAI DWUI DUBAL FAQ, Laws and Arrests,
Diversion Ramification, Offender and Offender Penalties and Info, Sentence
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