You have been issued a citation for Driving Under the Influence. Usually, the motorist is issued a citation requiring a court appearance in approximately 30 days, as well as a proposed suspension of driving privileges. This is an important place to STOP and inform yourself about the choices available to you right now along with the details and repercussions of those choices. Do not plead guilty without speaking to an attorney! You'd be amazed at how much can be done in your favor even when guilty. A simple police error discovered by an attorney can make the entire charge disappear. Do no discuss your case with friends or police officers incriminating yourself! Do not drop the ball on this citation and find yourself past the 10-day allowance to contest suspension (You may still contest the charge itself after 10 days have elapsed, however the "Implied-Consent" suspension will take affect automatically without your immediate action)! If you intend to retain an attorney, now is the point at which to do so. CLOSE
The "Implied Consent" Suspension is the suspension of your driving privileges (for 90 days, 1 year, or 3 years) which automatically commences 30 days after the date of your citation unless you file a written challenge within 10 days of your citation or hire an attorney to do so within that same time frame.

You may plead not guilty of the DUII charge even if you don't contest the suspension. However, challenging the "Implied Consent" Suspension may potentially weigh in very positively when you contest your DUII charge with the court. The hearing is a crucial opportunity where your attorney can gather information pertinent to your case! See DUII F.A.Q.s for more information regarding the "Implied Consent" Suspension or E-mail us. CLOSE
If you determine that not contesting the charge is your option of choice, then simply appear in court at the time of your scheduled arraignment as detailed on your citation. You will participate in a hearing and upon pleading guilty, you will be sentenced accordingly. Be sure you have read Why contest? And "Why an attorney?" CLOSE
We have successfully represented clients more guilty than you. DO NOT PLEAD GUILTY WITHOUT CONSULTATION WITH AN EXPERIENCED ATTORNEY!

How?

A criminal defense attorney need not prove you innocent! There are many other factors involved in any criminal charge apart from whether the accused actually committed the crime as charged. To follow are a few examples of circumstances successfully identified by Mr. Cogan wherein the DUII charge was dropped and altogether dismissed from the court: the police officer incorrectly used the intoxilizer, the police reports were incorrectly completed, leading to arrest, the police officer did not have 'probable cause' as required by law.

Your case, under the scrutiny of Mark Cogan's 22 years+ experience, may reveal a basis for the dismissal of your case. Mark Cogan has the experience, knowledge, and skill to find discrepancies in a case, present it to the prosecutors or judge, and advocate for the client's optimum result~dismissal.

Mark Cogan will go the distance to see that, if you are a first time offender of the DUII law, you receive minimal penalty. One option for many clients is entrance into the DUII Diversion program. This is an optional program which, if eligible, many first time offenders are well-advised to enter and which results in the criminal charge being dismissed. CLOSE
In any law office you can expect the attorney to meet with you to discuss your case, obtain police reports and other applicable documents, and represent you at any court proceedings to seek your objective~dismissal of the charge, a not guilty verdict, or minimal penalty. What you can expect from the Law Office of Mark C. Cogan in a DUII case! CLOSE
Consider that pleading guilty to a DUII charge subjects you to a sentence by a judge whose job IT IS NOT to secure your well-being and optimum lifestyle and whose publicly sanctioned system is not governed by compassion. The most significant penalty will be outlined by the judge to include one or more, or even all of the following: jail time, license suspension or revocation, probation, community service, severe fines and other financial penalties, alcohol or drug treatment. Subsequently, this charge will create a criminal record for you that can never be cleared under current Oregon law. This is public record and will subject you to increased scrutiny by anyone accessing your records or performing a background check: employers, educational institutes, housing authorities, insurance agencies, etc. You will also have a newly blemished driving record which can result in suspended or limited insurance coverage and difficulty in obtaining reasonable coverage again. In the case of those who drive for a living, or who may consider driving for income in the future, a blemished driving record can limit and strike out job opportunities. Minimum sentencing is required for a DUII conviction. The possibility of unforseen and unpredictable consequences as a result of a criminal record and blemished driving record warrant that you proceed with caution when choosing to enter a plea of guilty. Repeat offenders face substantially increased and more severe penalties in every respect: increased jail, fines, lifetime suspension, etc. CLOSE
If you are found guilty of a DUII charge, it can rain serious consequences on your lifestyle. The most significant penalty will be outlined by the judge to include one or more, or even all of the following: jail time, license suspension or revocation, probation, community service, severe fines and other financial penalties, alcohol or drug treatment. Subsequently, this charge will create a criminal record for you that can never be cleared under current Oregon law. This is public record and will subject you to increased scrutiny by anyone accessing your records or performing a background check: employers, educational institutes, housing authorities, insurance agencies, et cetera. You will also have a blemished driving record which can result in suspended or limited insurance coverage and difficulty in obtaining reasonable coverage again. In the case of those who drive for a living, or who may consider driving for income in the future, a blemished driving record can limit and strike out job opportunities. The possibility of unforseen and impossible to predict consequences as a result of a criminal record and blemished driving record warrant that you proceed with caution. Repeat offenders face substantially increased and more severe penalties in every respect: increased jail, fines, lifetime suspension, etc. CLOSE
Retain a proven attorney who specializes in DUII cases in Oregon. See "Why an attorney?"

Self-representation. You may have heard the expression, "A person who represents himself has a fool for a client." In the arena of criminal defense, self-representation presents many opportunities for error at detrimental stakes to the defendant. While we recommend that you seek out an attorney for optimum results, the law permits you to represent yourself. We recommend that you retain an attorney because the legal structure is often unforgiving. If you forgo qualified assistance and incur negative results, those results are often irreversible. See "Why an attorney?"

Apply for a court-appointed attorney. Court-appointed attorneys are available for those who satisfy eligibility requirements set forth by your local court. Mark Cogan served as a public defender in the State of New York for years and continues accepting court-appointed federal cases. However, in our practice, we often hear complaints that court-appointed attorneys have too many clients to dedicate the kind of attention necessary for best results. We receive phone calls from distressed mothers and/or clients expressing concern for their court-appointed attorneys failure to meet with them in a timely fashion and offer thorough representation. While satisfaction is never a guarantee, retaining an attorney at your own expense guarantees you a choice as to your attorney. You make an informed choice about who is protecting your rights and your lifestyle as you know it. You choose among attorneys whose credentials, merits, and personal presentation are available to you and whose practice depends on how they serve each and every client walking through their doors. A court-appointed attorney will be assigned to you and it is common practice for the court to require that you repay the government for the costs of your court-appointed attorney. However, if this is all you can afford, we recommend it over self-representation by a long shot. You could have a pleasant experience with your court-appointed attorney! LASTLY, COURT-APPOINTED ATTORNEYS DO NOT HANDLE THE CRUCIAL IMPLIED-CONSENT HEARINGS WHICH DETERMINE WHETHER YOUR LICENSE WILL BE SUSPENDED. See The Implied Consent Suspension. CLOSE
You have the right to accept the charge without contesting. However you may be surprised at what can be done in your favor despite circumstances! See "Why contest?" CLOSE
Law provides that you may contest the "Implied Consent" suspension and/or the DUII charge. If you are successful, the DUII charge may be thrown out or you may achieve a verdict of innocent at a trial. CLOSE