In addition to his Oregon DUII defense practice, Mr. Lesh also represents persons charged with major traffic crimes, tickets, and offenses including careless and reckless driving; failure to perform the duties of a driver (commonly referred to as hit and run); criminal mischief in the second degree (sometimes charged with a DUII if an accident causes damage to another's property); assault in the fourth degree (often charged when a DUII collision results in injury to another person); and attempting to elude a police officer in the State of Oregon. 

Additionally, he represents Oregon drivers facing a DMV "implied consent" license suspension for refusing or failing a BAC (blood alcohol content) breath, blood, or urine test.

Prior to opening his own law practice, David Lesh worked as a successful prosecuting attorney and then served as lead lawyer to the largest 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 also instructs hundreds of public safety officials throughout Oregon each year.  Of course, these organizations and individuals demand the best, and so should you.

When an individual faces a drunk driving or other criminal charge, the most important decision they make is who to retain as their Oregon DUI lawyer.  Choose an Oregon DUII 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 503.481.8484 for a no-cost initial consultation about your pending Oregon DUII charge.. 

David N Lesh

Oregon DUI Lawyer

1916 SW Madison Street

Portland, Oregon

Direct:  503.481.8484

Fax:  503.296.2935

Consultations are by appointment only. 

Question:  What is the difference between an Oregon DUII, DUI, DWI 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 DUII lawyers, police officers, and court officials use the term  "DUII."  This website uses the terms DUI, DUII and DWI interchangeably.

Question:  What information do I need to know if I've been charged with an Oregon DUI offense?

Answer:  A DUII in Oregon is usually a Class A misdemeanor crime.  [A DUI in Oregon may be a Class C felony if the defendant has been convicted of DUII at least three 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 felony 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. DUI offense.  

Question:  Will my license to drive be suspended?

Answer:  Your 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.  Some good news:  to the extent that they overlap, suspensions generally run concurrently and not consecutively.

Question:  But I really need my license.  Can I get a hardship / conditional / probationary permit?

Answer:  A hardship permit may 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 DUII conviction.]  Keep in mind that there is often a significant "black out" or waiting period (typically 30 days, 90 days or 1 year) before you can obtain a hardship permit. 

Generally, these permits only allow driving for trips related to work, treatment, and medical appointments.  Also consider that to obtain a hardship permit you must, among other things, obtain an SR-22 certificate of liability insurance which will likely have negative implications for your insurance rates or insurability.  Talk to an experienced DUI attorney for more information about hardship permits.

Question:  Are there any special concerns if I have a commercial driver license (CDL) and got arrested for DUI if I wasn't driving a commercial vehicle at the time of the arrest? 

Answer:  Unfortunately, yes.  Effective September 30, 2005, the Legislative Assembly made a number of changes effecting CDL holders.  Among other things, this legislation:

• Disqualifies a person from holding a CDL for certain convictions, including convictions for offenses that may have occurred in a personal vehicle.

• Suspends a person’s CDL for conviction of certain offenses that occur in a personal vehicle.

• Prevents CDL holders from entering the DUII diversion program even if they were not operating a commercial vehicle at the time of the arrest.

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 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 DUII 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 diversion program?

Answer:  If a person qualifies for DUII diversion, they may be able to avoid a DUI conviction and the accompanying penalties and consequences.  Learn more about the Oregon Diversion Program.

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 traffic offense (arrest or conviction).  See ORS 137.225(6)(a).  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 $1,000 for a first DUII conviction; $1,500 for a second conviction; and $2,000 for a third conviction (unless the defendant is sentenced to prison).  In addition to the fine, defendants can expect to pay:

   * approximately $300 - $400 in miscellaneous fees and assessments payable 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 if the sentence includes a period of supervised / formal  or enhanced bench probation.

Payment of the fine and most of the fees may generally be spread out over the length of probation (monthly payments).

Question:  In what areas of the state does Mr. Lesh represent clients facing Oregon DUI and related charges?

Answer:  The bulk of David Lesh's Oregon DUI practice is concentrated in these counties and cities: