Looking for a DUI/DUII Attorney in Gresham?
Former Deputy District Attorney and courtroom trial attorney Ken Kissir is an experienced lawyer for drunk driving arrests (DWI, DUI, DUII) throughout the Greater Portland and Clackamas areas.
“I am a former prosecutor, seasoned trial attorney and experienced DUII lawyer. I know from working both sides of the legal system that the State has police officers and prosecutors on its side, and that you need an attorney on your side to make sure your rights are protected and that someone is looking out for you. If you have any questions about your case, please give me a call.
“I have been a trial attorney for over 22 years. I first worked as a deputy district attorney in Clatsop County, and then as a deputy district attorney in Multnomah County. After almost six years of working as a government lawyer, I went into private practice and have consistently represented people charged with DUII and other driving crimes and violations.”
What to Expect
if You or A Loved One Were
Arrested for DUI
If you or a loved one have been arrested or cited for DUII, it’s very possible that you’ve never been in trouble before. If this is your first DUII, you want to know what’s going to happen, and what the possible penalties and consequences are.
You might have heard about diversion. While you can find information here or on other websites, there is no substitute for talking with an experienced DUII attorney. Each case is unique, and only an experienced DUII attorney can correctly apply your fact situation to the laws. If you are in this situation, then you’ve come to the right place. I can help.
An Important fact about being charged for DUII in Oregon:
You can be arrested for DUII even if your blood alcohol is below the legal limit of .08%. Two instances in which this can happen are:
When the police believe that a period of time has passed between your driving and the arrest, which resulted in a lowering of your blood alcohol level (due to the passage of time) and;
When the police (and District Attorney) believe that a lower level of alcohol affected your driving to a noticeable and perceptible degree.
This can even apply to prescribed medication. If there is any indication that a person’s prescribed medication is affecting their driving. and if the medication shows up in the driver’s blood or urine, then aggressive police officers and prosecutors can charge that driver with DUII. The State has both of them on its side, let me be on your side.
If you have been arrested for DUII
An arrest for DUII initiates two separate but related legal processes, both of which require an experienced DUII attorney. The first (administrative process) is extremely time sensitive. The second is the charge you face as a defendant in criminal court, usually in a County Circuit Court (and occasionally in a city municipal court).
When arrested for DUI in Gresham or Portland, you also face a potential license suspension if you failed or the officer claims that you refused a breath sample. This is an administrative process with DMV.
The other legal process, and the most serious, is facing the charge of DUII (and possibly other companion criminal charges like Reckless Driving) in criminal court. This is where you end up (1) going to trial, (2) pleading guilty or no contest and entering Diversion, or (3) pleading guilty or no contest pursuant to plea negations with the prosecutor.
The Arraignment and request for a DMV Hearing:
The first court appearance following your arrest is called an arraignment. If possible, you should retain an attorney before your arraignment. The main reason for doing this is so that I can request the DMV hearing for you within the required 10 days. In addition, in most counties I can appear at the arraignment on your behalf, and have your appearance waived.