Oregon coach Chip Kelly suspended linebacker Kiko Alonso for the 2010 football season, after Alonso was arrested Saturday on suspicion of driving under the influence of intoxicants. Alonso, who played in 12 games last season as a redshirt freshman, will have two seasons of eligibility remaining after the 2010 season.

This comes after a season of many high-profile DUI arrests. Here at Gilroy & Napoli, we hope this trend doesn’t continue. We also know that professional coaches like Chip Kelly need to have an experienced Oregon DUII attorney on their side to defend their drunk driving cases in Oregon. We take great pride in doing everything we can to help our clients through a drunk driving charge.

A drunk driving arrest can be very stressful and overwhelming, especially for someone in the public eye. The law offices of Gilroy & Napoli provide real integrity and professionalism as we assist our clients through this difficult process. Look through our Testimonials page to hear the stories of others who have been helped by Gilroy & Napoli.

While a DUII diversion can help you avoid penalties and even jail time, it will stay on your driver’s record in Oregon for life.

Oregon’s House Bill 2318 (effective January 1, 2010) allows DUII arrests to be expunged if the charge is dismissed or if a prosecutor declines to prosecute, but current Oregon state laws do not allow individuals to seal or expunge DUII diversions or convictions .

In Oregon, a DUII, which stands for “driving under the influence of intoxicants,” is usually a Class A misdemeanor that carries the potential of probation, jail time, license suspension, and heavy fines. If a driver has three DUII convictions in 10 years, a DUII charge becomes a felony punishable by up to five years in prison.

When a driver is charged with a DUII, he or she can plead “guilty” or “no contest,” pursue an acquittal at trial, or, if eligible, enroll in a diversion program. Only an acquittal will remove the DUII from a driver’s record. While successfully completing the DUII diversion program helps drivers avoid the penalties of a conviction, a DUII diversion agreement will appear on his Oregon DMV driving record for life.

If you’ve been charged with a DUII, contact the law office of Gilroy & Napoli to help you decide which option is best for you.

Oregon DUII

Increased DUI Saturation Patrols Scheduled Over Thanksgiving Weekend and Throughout the Holiday Season

Drunk driving is one of America’s deadliest crimes. In 2008, 11,773 people died in highway crashes involving a driver or motorcycle rider with a blood alcohol concentration (BAC) of .08 or higher. The picture for women is particularly disturbing: nationwide, 21% of the 5,473 female drivers killed in crashes in 2008 had BAC levels of .08 or higher.

These frightening statistics are the very reason why police departments all over Oregon, and across the nation, are joining forces, from Thanksgiving weekend to New Years’ Day, to conduct DUII saturation patrols. The goal is not only to arrest impaired drivers, and protect everyone else on the road, but also to create general deterrence through high-visibility law enforcement; when the perceived risk of getting caught by law enforcement increases, the likelihood of choosing to drive while impaired actually decreases.

Gilroy & Napoli, DUII attorneys, would like to encourage each and every one of you to plan ahead and take extra care this holiday season. Please designate a sober driver or arrange for a sober ride home before beginning your evening of celebration.  Safe celebrating, and happy holidays, from Gilroy & Napoli.

In a Gazette Times editorial this week, the Corvallis paper opposed a Senate Bill that would allow police to set up DUII roadblocks in Oregon. Currently, Oregon is one of 12 states that do not set up DUII checkpoints, despite the authority granted by the 1990 US Supreme Court decision.

In the other 38 states, police departments announce the location of DUI roadblocks well in advance, and choose highly visible areas to reduce the risk of traffic accidents. At the DUII checkpoints, police funnel vehicles through the checkpoint and stop random vehicles to investigate for DUI violations.

In the editorial, the Times states “…we trust Oregon voters might just be fed up enough to reject amending the Constitution to clear the way for random DUII roadblocks…Our objections go to cost and effectiveness of the idea, its potential for abuse and the infringement on the rights of honest citizens to travel uninterrupted.”

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The DUII Diversion Program is often the best option for those charged with a DUII in Oregon. However, there are several requirements for the Program. To be considered eligible a person charged with a DUII one must swear to the truth of the following statements:

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It’s every parent’s nightmare.  Your teenager is driving home from a night of partying with friends, only to be pulled over by the police.  A simple traffic violation rapidly escalates into a Driving Under the Influence of Intoxicants (DUII) charge.  What can you expect, and how can you mitigate the consequences?

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Oregon created the Diversion Program to allow eligible offenders to avoid a DUII conviction.  If eligible, you may want to take advantage of this program.

The Diversion Program lasts one year, and requires that all elements of the program be completed to dismiss your DUII, including payment of upfront fees, completion of education courses, attendance at a Victim Impact Panel presentation, abstinence from usage of intoxicants, and maintaining a clean driving record.  Be aware, however, that there may be downsides in choosing to participate in a Diversion Program.  Therefore, you should contact an experienced Oregon DUII Attorney to better understand the specific requirements pertaining to your charge, and which of your legal rights could be impacted by a Diversion Program.

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Drug and alcohol tests used by law enforcement agencies vary from state to state, and in many cases, from jurisdiction to jurisdiction within states.  However, they do provide law officers with a generally reliable means of determining if an individual has consumed alcohol beyond the legal limit to operate a motor vehicle.  The purpose of this blog post is to make you aware of the following two Oregon DUII tests, both of which are commonly used throughout the state.

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You made a mistake.  Now you are facing charges that could ruin your driving record, cost you your driver’s license, send you to jail or prison, and/or cost you thousands of dollars in fines and spiked insurance rates.  However, there is hope.  In the state of Oregon, eligible drivers charged with Driving Under the Influence of Intoxicants (DUII) can choose to participate in a Diversion Program, which upon completion, dismisses the offense.   Therefore, it is important to understand the law and to know your options when faced with a DUII in Oregon.

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