Portland Criminal Defense and Personal Injury Attorneys

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Effective January 1, 2017,
Gilroy & Napoli, LLC and Short Law Group, P.C. have merged to form Gilroy Napoli Short Law Group LLP.

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.

Field Sobriety Tests (FSTs)
FSTs are standardized tests that allow an officer to determine if an individual is under the influence of alcohol or drugs.  FSTs are used to help determine probable cause to administer a Breathalyzer Test.  Most people have seen police administer these common tests on television shows.  They are designed to challenge a driver’s ability to perform simple tasks, such as touching one’s finger to his or her nose.  Drivers who fail these tests often demonstrate an inability to follow instructions, a significant loss of balance, or other indications of impairment.  Three typical tests include: the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and the One Legged Stand (OLS).  Just as in many sobriety tests, your refusal to perform a FST can be used against you in court.

Breathalyzer Tests
These tests are used to determine the percentage of alcohol in the blood, also known as the Blood Alcohol Content (BAC) by measuring a sample of a driver’s breath.  There are several types of breathalyzer test devices used by law enforcement.  Among them, the Intoxylizer Test is the most commonly used in Oregon.  The Intoxylizer can be very accurate, however, not necessarily 100% precise.

Level of Intoxication
Oregon law provides that it is not unlawful for a person to drive a vehicle after having consumed intoxicating liquor.  It is unlawful, however, for that person to drive a vehicle if the person is under the influence of intoxicating liquor and/or controlled substances.  Therefore, to be convicted of a DUII, you do not have to be drunk or intoxicated.  “Under the influence of intoxicating liquor” means that a person’s physical or mental faculties were adversely affected by the use of intoxicating liquor to a noticeable or perceptible degree.

“Under the influence of intoxicating liquor” includes not only the well-known and easily recognized conditions and degrees of intoxication, but also any abnormal mental or physical condition that results from consuming intoxicating liquor that deprives a person of that clearness of intellect or control that the person would otherwise possess.  This means that while one’s BAC is related to a driver’s impairment, avoiding a DUII is not as simple as registering a BAC below .08.  The relationship between drinks consumed, and one’s BAC, varies greatly among individuals.  Therefore, even if you know your BAC, it should not be relied upon when deciding whether or not to drive.  Law enforcement officials know this fact, and are permitted to use their own judgment to evaluate whether a driver is “adversely affected to a noticeable or perceptible degree.”  This means that it is possible to be charged with a DUII, and have a BAC below .08%.

Why You Want an Experienced DUII Lawyer on Your Side
Law officers are required to follow very specific procedures when charging an individual with violating DUII law.  Any deviation from these stated rules (such as, how a question is phrased by an officer, how probable cause was determined, how your Miranda Rights were read, or the misuse or malfunction of testing equipment) potentially help in the defense of a DUII charge.  Our experts at Gilroy & Napoli are fully knowledgeable of these rules, and will ensure that your rights are represented to the fullest extent of the law.

Gilroy & Napoli Reviews

"I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I travelled from Hawaii to deal with my case and made a point to interview several different firms. I felt instantly comfortable with John and his staff and never felt judged or looked down upon. Since I live across the Pacific Ocean and am not in state to deal with this legal matter, finding the right lawyer and firm was essential. My requirements were the following: knowledge of the law, loads of experience, amicable connections, excellent communication, likability, cost and ability to think outside the box. John Gilroy far exceeded my expectations on all accounts. His resume, experience and knowledge of the legal system are outstanding and his contacts and connections saved me both time and money. The amount I saved from his thinking outside of the box and directing me clearly on what to do covered more than his fees; I ended up saving money by using Gilroy and Napoli. He's also a very nice guy. This may not seem important; however, having a lawyer who has a good reputation among his peers and colleagues is necessary. Many lawyers will reference that they know everyone in the system, but he genuinely does. His professional history outlines it and my experience proves it. I highly recommend John Gilroy and Gilroy & Napoli."

"Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this process was choosing John Gilroy to represent me"

"Things are very different from the laws in our home state. My wife found Jeff and John through Google and it was the best find ever. Jeff met with us and explained how the laws are administered, what to expect worst case and what he thought would be the outcome; (we came out better than expected). More importantly, he promised no surprises: and he delivered. The entire office was extremely professional, instilling the confidence we needed in a time when calm and reason are called for. Jeff Napoli is by far the most competent attorney I have witnessed and he knows the law. Jeff is very highly respected in the Washington County legal environment and for good reason. Thank you Jeff and thanks to the entire office."

"To anyone reading this take the time and make the call. It will change your life. Before talking to Mr. Napoli, I felt like I was all alone with no one in my corner. The staff at Gilroy & Napoli are so attentive to specific needs, I never felt alone. The strong and powerful feeling you need to fight your battle is there. Please call them. Let them hear your story. Don't be afraid. It was by far one of the most important calls I have ever made and will never ever be more thankful for their hard work."

"From the beginning John was straightforward, knowledgeable, and concerning. John helped me understand the process, and through his knowledge and experience was able to help me make complicated decisions. Considering that a measure 11 conviction carries a mandatory minimum sentence of 5 years 10 months in prison, the fact that John was able negotiate a significantly less sentence and a class of felony that would be expungeable was a good outcome considering the above mentioned possibility. After my release I sought John's representation again to have the felony expunged from my record, and again he delivered. Thank you John, I cannot say that enough!"

"I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, but I knew our family needed immediate legal help. I was greeted by the calm, kind and friendly voice of John Gilroy. He gave me information, advice and answered all my questions. I soon found that John was a family man who wanted nothing but the best for us. He took charge, worked hard and kept us informed every step of the way. John is well known and respected and he knows what needs to be done and how to do it.Of course you never want to make the call to an attorney, but if you have to, make it to a friend...Gilroy and Napoli."

“I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I . . . .

I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I travelled from Hawaii to deal with my case and made a point to interview several different firms. I felt instantly comfortable with John and his staff and never felt judged or looked down upon. Since I live across the Pacific Ocean and am not in state to deal with this legal matter, finding the right lawyer and firm was essential. My requirements were the following: knowledge of the law, loads of experience, amicable connections, excellent communication, likability, cost and ability to think outside the box. John Gilroy far exceeded my expectations on all accounts. His resume, experience and knowledge of the legal system are outstanding and his contacts and connections saved me both time and money. The amount I saved from his thinking outside of the box and directing me clearly on what to do covered more than his fees; I ended up saving money by using Gilroy and Napoli. He's also a very nice guy. This may not seem important; however, having a lawyer who has a good reputation among his peers and colleagues is necessary. Many lawyers will reference that they know everyone in the system, but he genuinely does. His professional history outlines it and my experience proves it. I highly recommend John Gilroy and Gilroy & Napoli.”

“Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this pro. . . .

Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this process was choosing John Gilroy to represent me”

“Things are very different from the laws in our home state. My wife found Jeff and John through Googl. . . .

Things are very different from the laws in our home state. My wife found Jeff and John through Google and it was the best find ever. Jeff met with us and explained how the laws are administered, what to expect worst case and what he thought would be the outcome; (we came out better than expected). More importantly, he promised no surprises: and he delivered. The entire office was extremely professional, instilling the confidence we needed in a time when calm and reason are called for. Jeff Napoli is by far the most competent attorney I have witnessed and he knows the law. Jeff is very highly respected in the Washington County legal environment and for good reason. Thank you Jeff and thanks to the entire office.”

“To anyone reading this take the time and make the call. It will change your life. Before talking to . . . .

To anyone reading this take the time and make the call. It will change your life. Before talking to Mr. Napoli, I felt like I was all alone with no one in my corner. The staff at Gilroy & Napoli are so attentive to specific needs, I never felt alone. The strong and powerful feeling you need to fight your battle is there. Please call them. Let them hear your story. Don't be afraid. It was by far one of the most important calls I have ever made and will never ever be more thankful for their hard work.”

“From the beginning John was straightforward, knowledgeable, and concerning. John helped me understan. . . .

From the beginning John was straightforward, knowledgeable, and concerning. John helped me understand the process, and through his knowledge and experience was able to help me make complicated decisions. Considering that a measure 11 conviction carries a mandatory minimum sentence of 5 years 10 months in prison, the fact that John was able negotiate a significantly less sentence and a class of felony that would be expungeable was a good outcome considering the above mentioned possibility. After my release I sought John's representation again to have the felony expunged from my record, and again he delivered. Thank you John, I cannot say that enough!”

“I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, . . . .

I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, but I knew our family needed immediate legal help. I was greeted by the calm, kind and friendly voice of John Gilroy. He gave me information, advice and answered all my questions. I soon found that John was a family man who wanted nothing but the best for us. He took charge, worked hard and kept us informed every step of the way. John is well known and respected and he knows what needs to be done and how to do it.Of course you never want to make the call to an attorney, but if you have to, make it to a friend...Gilroy and Napoli.”

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Gilroy Napoli Short LLP

12755 SW 69th Ave #201
Portland, OR 97223
Phone:
503-620-9887

Fax:
503-620-4884

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Gilroy Napoli Short LLP is a full-service law firm providing exceptional legal representation to clients in Oregon and the greater Portland metro area.