Thuemmel & Uhle210 S.W. Morrison Street
Anytime a person is arrested for DUII, regardless if it is a first or subsequent time, it is a very emotional experience. Our goal is to advise the client of all options, the potential consequences (obvious and hidden) of each option, so that our clients can make rational, not emotional decisions about how to handle this criminal charge. With all this information we can give you about the law, evidence and consequences, the decisions you make on how to proceed may be more difficult to make, but once you have made them, they will be easier to live with. The process is easier to navigate and your chances of success much greater if, after weighing all factors surrounding the criminal charge, you decide the best course of action and pursue it to the best of our (yours and ours) abilities.
In the setting of a DUII case, there is a critical relationship between administrative hearings (the DMV Implied Consent hearing), the court case (the defense at trial) and coordination of potential suspensions. Each is an important aspect of any defense. We will explain to you how these fit together to give you the best chance of retaining your license and winning at trial. Along the way, we will discuss with you the pros and cons of resolving your case through a diversion program and even occasionally through a plea of guilty, if that is your desire and is based upon a rational evaluation of the facts of the law.
Oregon is a state that says, “No plea bargaining on DUII charges." We have the same policy. We try our cases, and this is a strong part of our reputation in the courts, with district attorneys statewide and with our defense attorney peers. Our experience has shown us that many times a jury trial is the best and only meaningful way to challenge the charges against you. We go to court, and from the first day you come to see us, we will treat your case as if it is going to court.
We each have respect for a prepared, intelligent, clear defense that can be presented honestly. We believe each case has a “theory of defense” woven inside of it, and we always try and present that theory to juries in the form of rational reasons why they should find our clients not guilty even if breath tests, police testimony and other evidence seem, on the surface, to point them in the other direction. The "theory of defense" is a rational reason why, when a jury applies all of the evidence they hear to the law that they hear from the court, they should come to a conclusion of "not guilty."
Over our careers, we have watched the seriousness of DUII and other alcohol-related charges grow, along with juror impatience for these types of charges. However, we still believe, and always will believe, that a properly selected jury will remain open minded to a rational theory of defense and will follow the law. This has been our belief and philosophy for over 30 years of practice in this area.
DUII law, consequences and defense has gotten extremely complicated. The criminal justice system resembles more and more a gauntlet of negative consequences and the person charged is required to walk that gauntlet. With the increase of legislation favoring victim's rights, mandatory release, pretrial and sentencing conditions, driver's license suspensions or revocations which can be for as long as a person’s life, and all the media attention that goes along with this, simply surviving the process and each of its steps can be an ordeal. We believe in making that process as survivable as possible by preparing the client for each step along the way.