Daniel J. Lounsbury Attorney at LawDaniel J. Lounsbury Attorney at Law2026-09-17T15:59:07Zhttps://www.willamettevalleylegal.com/feed/atom/WordPress/wp-content/uploads/sites/1400580/2025/04/cropped-WVL512-32x32.pngOn Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[What to know about Oregon’s implied consent law]]>https://www.willamettevalleylegal.com/?p=476072026-09-17T15:59:07Z2026-09-17T15:59:07ZAnyone in Oregon who operates a motor vehicle on a highway or upon premises open to the public is affected by the state’s implied consent law. This applies whether they hold a standard Oregon driver's license, an out-of-state license or a commercial driver's license (CDL.
Here is what to know about the state’s implied consent law:
Implied consent to breath or blood test
Under ORS 813.100, a driver shall be deemed to have given consent to a chemical test of their breath or of their blood if receiving medical care in a health care facility immediately after a motor vehicle accident. The purpose of the test is to determine their blood alcohol concentration (BAC) if arrested for driving under the influence of intoxicants (DUII).
Implied consent to urine test
UnderORS 813.131, a person is deemed to have given consent to a chemical test of their urine for the purpose of determining the presence of an intoxicant other than alcohol in their body if arrested for DUII. If a person’s breath or blood test shows their BAC is less than 0.08%, but officers have reasonable suspicion of impairment, a certified police officer can request a urine test. A urine test may also be requested if a person is involved in an accident resulting in injury or property damage, regardless of whether a breath test is requested and regardless of the results of a breath test, if one is taken.
Implied consent to field sobriety tests
If the police reasonably suspect a driver has committed the offense of DUII, they can request them to submit to field sobriety tests to determine if they are under the influence of intoxicants. It’s crucial to understand each of these provisions of the state’s implied consent law. Learn more to identify errors that frequently occur during its administration. ]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[The role of alcohol in sexual abuse charges]]>https://www.willamettevalleylegal.com/?p=475552026-08-29T15:19:10Z2026-08-29T15:19:10ZIntoxication affects one’s ability to consent
Generally speaking, coercing or forcing another person into a sexual encounter is abusive and illegal behavior. If a person cannot give clear consent, then any sexual acts they perform may not be voluntary and lawful.
In cases where one party has consumed a large amount of alcohol or other mind-altering drugs, they may not have full control of their faculties and could make choices that do not align with their personal values. They may even be so inebriated they cannot effectively resist unwanted advances.
Particularly in cases where one party is under the influence and the other is sober, there is a history of declined advances or another form of social imbalance in the relationship, an act of intimacy that occurs while one person is under the influence could lead to prosecution. Interactions that may have seemed consensual can lead to life-altering accusations.
Assessing the state's evidence and the claims of the other party can be critical for those facing claims of sexual misconduct. A defense attorney can provide insight into the law and assist with developing a strategy for a criminal defense.]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[What must the state prove in a per se DUI case?]]>https://www.willamettevalleylegal.com/?p=475522026-08-15T22:05:25Z2026-08-15T22:05:25ZProof of elevated alcohol levels
The law prohibits getting behind the wheel if the driver knows alcohol or other substances may have compromised their capabilities. It is also illegal to drive with a blood alcohol concentration (BAC) over the legal limit.
The law makes it a crime to drive with a BAC above the legal limit, regardless of any other factors. That is the nature of a per se offense. It is an act that is a crime in its own right due to statutory standards. Most adult drivers are subject to a 0.08% BAC limit. Per se DUI cases often rely almost exclusively on chemical test results, although sometimes field sobriety test results and other evidence can also serve as evidence for the prosecution.
Reviewing the circumstances of a DUI arrest with a skilled legal team can help defendants respond effectively. It is possible to fight DUI charges, including per se DUI charges, with the right strategy in many scenarios.]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[Unsafe firearm handling can trigger assault charges]]>https://www.willamettevalleylegal.com/?p=475502026-08-03T17:44:41Z2026-08-03T17:44:41ZTo many people, the word assault is synonymous with a physical fight or an attack on another person. They envision someone acting with the intent to harm someone else or an incident that causes injuries severe enough to necessitate immediate medical attention.
Many assault charges begin with an attempt to cause physical injury to another person. However, the state also acknowledges that people can assault one another unintentionally. Reckless and unsafe behavior can sometimes warrant assault prosecution under state statutes.In scenarios involving unintentional injuries caused by the reckless or unsafe handling of a firearm, the person who discharges the weapon could be at risk of assault charges.
Weapons can cause accidental injuries
Firearms are potentially deadly weapons. Even when people have them solely for hunting or home defense purposes, how they handle the firearm could put others at risk. Firing a weapon into the air, for example, results in the bullet falling somewhere nearby unpredictably, which can cause serious injury or worse.Whenever a person causes injury to another through the reckless discharge or handling of a firearm, the state may opt to pursue criminal charges. Fourth-degree assault charges are possible in scenarios where a person unintentionally injures someone else through behavior with a firearm that other people could recognize as negligence. The penalties could include up to 364 days in jail and fines of as much as $6,250 for misdemeanor charges. Fighting assault charges related to an unintentional incident requires a well-prepared strategy, as the state does not necessarily need to prove intent to obtain a conviction. A criminal defense attorney can be an important form of support for those facing firearm-related assault charges.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[When is an Oregon theft offense treated as a felony?]]>https://www.willamettevalleylegal.com/?p=475482026-09-08T13:53:02Z2026-07-19T00:44:12ZWhen the property is valuable
There is a financial cutoff for misdemeanor theft charges. There are two separate categories of misdemeanor theft, but any theft offense involving property worth $1,000 or more is automatically a felony regardless of any other details about the situation.
When the property has legal protection
State law recognizes that the theft of certain types of assets is a more serious crime than other, more minor thefts. Theft of a firearm, explosive, animal or precursor substance used to make drugs can be a felony, regardless of the value of the assets.
When there are aggravating factors
When a theft offense potentially exposes others to the risk of physical injury, the state may be more likely to pursue felony charges. Thefts during a riot are usually felony offenses. Theft involving extortion, burglary/unlawful entry onto private property or a robbery, possibly with a weapon, is often charged as a felony.
Both misdemeanor and felony theft charges warrant an assertive response in court, but felony theft allegations are especially important for people to properly address. Reviewing the state's evidence and other details about one’s situation with a criminal defense attorney can help those accused of theft crimes develop realistic defense strategies.]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[How does the Third Party Doctrine affect evidence?]]>https://www.willamettevalleylegal.com/?p=475462026-07-09T07:54:57Z2026-07-09T07:54:57ZThe Third Party Doctrine can affect how the police gather evidence from a person's cellphone or mobile device. Even if officers cannot get the evidence from that device itself, they may be able to obtain it from another entity that has been voluntarily given control over that same information.
For example, say that the police want to confirm that a suspect was near the crime scene when the crime took place. They believe that the location data on the suspect's phone will give them the evidence they need.However, the suspect does not give consent to unlock their phone, and the police are unable to secure a search warrant. This means that they cannot legally unlock the device itself.
Who else has that data?
However, perhaps the suspect was using an app that tracked their location. They agreed to this tracking, meaning they voluntarily turned that location data over to the company that made the app, thereby reducing the suspect's own expectation of privacy.In a situation like that, the police may be able to approach this third party and subpoena it for the information, even if they never unlocked the device. The same can be true for text messages sent through a third-party app, or for pictures and videos that have been backed up online.If you are facing serious charges, it is very important to consider what type of evidence the police are looking for and who else may control that evidence. If you have any questions about how the police gathered evidence or what legal defense options you have, an experienced attorney can help.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[Do you have to answer questions during a traffic stop?]]>https://www.willamettevalleylegal.com/?p=475152026-06-24T11:42:32Z2026-06-24T11:42:32ZPolice officers often ask questions during a traffic stop. They should be related to the stop itself, and they are often relatively simple. The officer may ask the driver where they are going and if they have had anything to drink that day. They could ask if the driver knows how fast they were driving or if they are aware of the reason the officer pulled them over.
As a general rule, all you are required to do under Oregon law is identify yourself. The officer will ask for your driver's license and proof of registration and insurance, for example, and you can provide those documents. It just demonstrates that you have a valid license and that you are legally driving your own vehicle.But beyond that, you are not obligated to answer other questions the officer may ask.
Is it wise to use your right to remain silent?
It can be helpful to stay silent, as the officer may be asking leading questions to see if you will admit to a violation.For instance, if the officer asks if you have had anything to drink that day, they may simply be seeking an admission. Even if you say that you only had one drink, they can still use this against you if they claim that you were impaired.Or, if the officer asks if you know why they pulled you over, they may just be trying to get you to admit fault. The same goes for asking if you know how fast you were driving. If you say that you were knowingly and intentionally breaking the speed limit, they could use that as the reason to give you a traffic citation.Often, it is best not to answer questions, even if you do wind up getting arrested, until you have your attorney present. Be sure you are well aware of all of your legal rights during a criminal defense case.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[What is the age of consent in Oregon?]]>https://www.willamettevalleylegal.com/?p=475132026-06-07T23:15:46Z2026-06-07T23:15:46ZOnly adults can consent
Oregon does not recognize the ability of minors, such as high school students, to consent to sexual interactions with adults. Only those who are 18 or older can technically consent to sex acts in Oregon. There is a so-called “Romeo and Juliet” exception to the law.
The state does offer some protection for young adults in consensual romantic relationships. In cases where both partners are technically minors, the act was truly consensual and the age difference is three years or less, the person accused of a statutory offense may have protection from prosecution or may face lesser charges than an adult might in the same situation.
Discussing the circumstances leading to specific allegations, including the prior relationship and age of both parties, can help people understand their options. Those accused of a statutory sex offense may be able to avoid a conviction with the right defense strategy.]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[Probation violations are serious legal matters]]>https://www.willamettevalleylegal.com/?p=475112026-06-01T17:06:12Z2026-06-01T17:06:12ZPeople who are facing criminal charges might be sentenced through probation through a plea deal or after a criminal trial. While this sentence allows them to them to remain in the community instead of going to prison, it’s a program that comes with very specific requirements.
Failing to comply with probation requirements can lead to serious legal consequences, including having to serve time in prison. The exact effects depend on the circumstances surrounding the violation.
What are probation conditions?
Probation conditions vary depending on the court order, probation office policies and probationer’s history. Some of the most common conditions include attending regular meetings with the probation officer, holding a steady job, avoiding certain people, completing a treatment program, having periodic drug tests and paying fines and fees. Other conditions might be required, and those will be relayed to the probationer. People who are on probation also have to avoid getting into more legal trouble. This includes even minor violations, so it’s best for someone who’s on probation to avoid doing anything that could lead them to get into trouble.
What happens if someone violates probation?
The next steps after a violation depend on the probation officer’s decisions. Some violations might be handled by tightening restrictions; however, others may require the probation officer to file a violation with the court. If a violation is filed with the court, the matter is handled through a bench trial. This means a judge reviews the case and evidence before determining what happens. Since a judge is the one making the decision about the outcome of the violation, it’s best to have someone on your side to assist with the process.
]]>On Behalf of Daniel J. Lounsbury Attorney at Law<![CDATA[What if a breath test device was not properly calibrated?]]>https://www.willamettevalleylegal.com/?p=474952026-05-17T22:27:25Z2026-05-17T22:26:17ZIf you are arrested on suspicion of driving under the influence, the police will probably give you a breath test. The goal of this test is to measure your blood alcohol concentration. They are essentially checking to see if alcohol is present in your system and especially if it is over the legal limit, which is generally 0.08% for most drivers.
That being said, regular maintenance and calibration are necessary with breath tests devices. If this has not been done, or if the test was poorly calibrated, it can call the results into question. In other words, you may have failed a breath test that showed you were over the legal limit, but if you can demonstrate that routine calibration procedures were not followed, there is no real way to determine if that evidence is accurate or not.
Unreliable devices
A similar issue is that courts have found that some breath test devices are unreliable in general. As such, police departments usually have an approved make and model that they are supposed to use. If an aftermarket device was used to administer your test, the evidence may not hold up in court.Finally, even if the device itself works properly and is an approved model, you may want to question if the officer made mistakes while administering that test. Perhaps the police department never gave that officer any formal training, so it is not clear if they even knew how to give out the test appropriately.All of these issues could have a significant impact on the evidence in your case. It is important to consider them carefully while looking into your legal defense options.
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