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Every DUI case starts with a stop, and the officer needs a specific, lawful reason to make it. When that reason does not hold up, neither does the case built on top of it.
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Nearly 30 years of combined criminal defense experience
A former Oregon prosecutor now fights on your side
More than 60 trials fought in the courtroom
Police need to point to a specific statute to justify a traffic stop, whether that is bad driving like speeding or a problem with the vehicle itself like expired registration. If you were driving safely in a properly registered vehicle, you should not have been pulled over in the first place. When police make a mistake here, whether relying on an unreliable tip or an unreasonable assumption, an experienced attorney can sometimes get a judge to rule the stop itself was unlawful.
The officer will ask for your license, registration, and insurance, which you are legally required to provide. From there, the officer begins observing everything, the smell of alcohol, slurred speech, red or glassy eyes, fumbling for documents, anything that could support a DUI investigation. At this stage you are not under arrest, but the officer is actively building a case.
If asked whether you have been drinking, there is no good answer if you have been. The safest response is invoking your right to remain silent and requesting an attorney, out loud, rather than staying quietly silent. Once you say this clearly, the officer must stop asking questions, and your silence cannot be used against you in court.
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Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.
Cases we handle
Mandatory jail, fines, and license suspension apply even to a first arrest. We fight for a reduction whenever the facts support one.
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Your license can be suspended before your criminal case is even resolved. You have only 20 days to fight it.
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Most DUI charges carry up to 364 days in jail. We build a defense around every stage of the case, not just the arrest.
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Multiple prior convictions can turn a DUI into a felony. We look hard at whether every prior conviction actually holds up.
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A path to a full dismissal for qualifying cases, in exchange for a serious, multi-year treatment commitment.
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Refusing carries its own penalties, but it can also weaken the state's case at trial. We help clients weigh both sides.
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FAQ
No, an officer must be able to point to a specific traffic violation or reasonable suspicion of a crime to justify the stop.
You must provide your license, registration, and proof of insurance, but you do not have to answer questions about whether you have been drinking or where you were coming from. Clearly stating that you are invoking your right to remain silent is safer than simply staying quiet, and it cannot be used against you.
It can. If a judge finds the officer lacked a lawful basis for the stop, the evidence gathered afterward can be suppressed, which often undermines or ends the case. Whether that applies depends on the specific facts of why you were pulled over.
Contact us
Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.