I am charged with my 2nd dui in Portland Oregon. Should I retain a lawyer/public defendent?

You absolutely need a lawyer. The problem is that you probably will not qualify for court-appointed attorney based on having two jobs. There are a lot of factors that play into what you want to do going forward - i.e. trial, plea, etc. Feel free to give me a call this weekend or next week - I can talk with you free of charge and answer your questions. Paul Galm Attorney at Law 503.236.8349

There is no question that you need to hire a criminal defense attorney for legal representation on your DUII. Because of your prior DUII within the past 15 years, you will most likely be disqualified from participating in Oregon's DUII Diversion Program. Therefore, you are facing a criminal prosecution, with exposure to a mandatory jail sentence, probation, financial penalties, and license suspension if you are convicted. Oregon law forbids the prosecutors from engaging in plea bargaining in a DUII matter. The penalties for DUII in Oregon can be very harsh. Many attorneys do not handle criminal matters. And many criminal defense attorneys lack the specialized experience required to handle DUII cases effectively. You need to place yourself in the care of an attorney who is skilled and experienced in defending clients on DUII cases. We defend clients on DUII matters all the time, in the Portland Metropolitan Area and throughout the State of Oregon. You can take a look at or website if you wish. Then, if you are interested, please feel free to give us a call. In order to provide the best service possible to our clients, we accept calls on weekends.

I agree with my colleagues here that, without a doubt, you need an attorney. Part of your question, however, seems to be retaining private counsel or going with public defense. Here is my two cents. The big difference, at a foundational level, between the two options is choice. The beauty of the public defense option, especially in Multnomah County, is that you may get one of the best attorneys in Oregon for next to nothing. The negative of the option, however, is that you may not. It is difficult to switch public defenders, essentially you get who you get. That person may be the best of the best or a total schlub. My recommendation is to start shopping around, start consulting with private attorneys. If you find one you love, go with him/her. If you don't try the public option and you may get someone fantastic. The point is, start now.

First, yes of course you need a lawyer. Second, to add to Mr. Pond's wise comments on your private bar versus public defender decision: it depends. It depends on (a) what you want to do with this case -- plead versus trial and (b) what your blood alcohol level shows from the forensic testing (you should also get your own hospital records to see what the hospital non-forensic testing shows). The blood test may or may not be admissible under a newer case called Moore. But ultimately, you've got nothing to lose from setting some office conferences with private bar attorneys who don't charge for an initial consult (myself included there). You'll get an idea of what you're looking at, your exposure, and what you can do in the meantime to minimize consequences and show the court you're the type of guy who needs a break. Call a good lawyer (or two), and listen to what they have to say. Like surgeons, we all have slightly different opinions, but you'll eventually likely hear something like consensus on the big issues.