Oregon Super Lawyer 2018, 2019, 2020, 021, 2022, 2023

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About David Lesh

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, and Yamhill counties. 

In addition to his Oregon DUI 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 DUI if an accident causes damage to another's property); assault in the fourth degree (often charged when a DUI 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 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 Oregon DUII Information guide 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. 

Mr. Lesh's law office is located at 434 NW 19th Avenue (on the corner of NW 19th and Glisan).

Questions and Answers

Question:  What is the difference between the terms 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.

Question:  What information do I need to know if I've been charged with a State of Oregon DUII offense?

Answer:  A DUII in Oregon is usually a Class A misdemeanor crime.  [A DUII 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 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. DUII 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. 

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

Answer:  An Oregon 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 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 Oregon. 

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:  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.

Law Office of David Lesh