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Drunk Driving Accident Attorney Portland: Demanding Maximum Justice for DUI Victims

Posted By Bart Herron in Uncategorized

A drunk driving crash isn’t an accident. It’s a violent choice that shatters lives. While the criminal courts focus on jail time, they often leave the victim behind with mounting medical bills and a sense of betrayal. You shouldn’t have to watch a reckless driver get off easy while you struggle to pay for their negligence. As a dedicated drunk driving accident attorney Portland, we refuse to let that happen. We’ve seen the system fail victims before, and we’re here to ensure it doesn’t happen to you.

We understand the frustration of dealing with aggressive insurance adjusters who try to settle your future for pennies. We step in as your shield and your sword. We don’t just ask for a settlement; we demand maximum financial recovery. This article will show you how to secure the punitive damages you deserve to actually punish the offender and restore your life. You’ll learn the strategies we use to fight back against lowball offers and the exact steps needed to ensure your recovery is total.

We’re going to break down how to hold every responsible party accountable, including the bars and establishments that overserved the driver under Oregon dram shop laws. We’ll also explore how to navigate the complexities of civil litigation to secure the justice that the criminal courts simply can’t provide.

Key Takeaways

Criminal convictions don’t pay your bills; discover why a civil lawsuit is the only path to full financial restoration and true accountability.
A drunk driving accident attorney Portland can help you hold third parties liable, such as bars that overserved a visibly intoxicated driver.
Understand how punitive damages work in Oregon to punish the driver’s gross negligence and significantly increase your total recovery.
Stop insurance adjusters from devaluing your claim by learning to spot the “quick settlement” trap and other corporate profit-protection tactics.
Gain the advantage of a high-stakes fighter who combines decades of local expertise with the massive resources required to win against powerful opposition.

Beyond the Criminal Case: Why You Need a Civil Drunk Driving Accident Attorney in Portland

When a drunk driver hits you, the State of Oregon steps in to handle the criminal side. The District Attorney wants a conviction. They want jail time, fines, and license suspensions. But the DA doesn’t work for you. They work for the public. While the driver sits in a cell, your medical bills are piling up. Your car is totaled. Your income has vanished. Civil DUI litigation is the pursuit of financial restoration and accountability. It’s the only way to ensure the person who broke your life is the one who pays to fix it.

The Limitations of Criminal Restitution

Don’t confuse criminal restitution with a full recovery. A judge might order the driver to pay back your immediate out of pocket costs, but this rarely accounts for future surgeries, chronic pain, or psychological trauma. In criminal court, the standard is “guilty beyond a reasonable doubt.” In civil court, we prove the driver is “liable” based on a lower threshold. As your drunk driving accident attorney Portland, we use the police investigation as a starting point. We seize the breathalyzer results, the dashcam footage, and the arrest records to build a case that forces the insurance company to the table.

Your Rights as a Victim Under Oregon Law

You have specific rights under the Oregon Crime Victims’ Bill of Rights, including the right to be informed of hearings. However, these rights don’t automatically grant you a check for your damages. You must take immediate action to protect your claim. This includes documenting every interaction and refusing to sign anything the driver’s insurance company sends you. If you were involved in a collision with a sober driver, you would seek a Car Accident Lawyer. But a DUI crash is different. It involves gross negligence. It also opens the door to Dram shop laws, which allow us to pursue the businesses that overserved the driver. Securing a drunk driving accident attorney Portland immediately ensures that your voice isn’t drowned out by the noise of the criminal proceedings. We act as your relentless shield against insurance adjusters who want to exploit your trauma for their profit.

Oregon law doesn’t just look at the person behind the wheel. Oregon Revised Statute 471.565 is the foundation of bar accountability. If a business serves a “visibly intoxicated” person, they are liable for the carnage that follows. Why does this matter to you? Often, a drunk driver has a minimum insurance policy that won’t even cover your first surgery. Bars and restaurants carry massive commercial liability policies. Naming every responsible party isn’t just a legal maneuver; it’s a tactical necessity to ensure you aren’t left holding the bill for someone else’s greed.

Visible Intoxication and the OLCC Standards

Proving a bar over-served a patron requires more than just a hunch. We look for signs like slurred speech, bloodshot eyes, or a lack of physical coordination as defined by Oregon Liquor and Cannabis Commission (OLCC) standards. We don’t just rely on police reports. We hunt for surveillance footage, credit card receipts that show a timeline of consumption, and witness statements. In specific scenarios, Oregon law even extends this to social hosts who serve alcohol to guests who are clearly drunk. Our goal is to prove that the establishment prioritized profit over public safety. This level of negligence often justifies Punitive damages in DUI cases, which serve to punish the reckless behavior of the business and the driver alike.

Statutory Deadlines for Dram Shop Notices

Time is your enemy in a Dram Shop case. In Oregon, you must provide a formal notice to the establishment within 180 days of the incident for injury claims. If the crash resulted in a death, you have one year. These deadlines are strict. If you wait for the criminal trial to conclude, you’ve already lost your right to sue the bar. As your drunk driving accident attorney Portland, we fast-track these investigations. We send investigators to the scene, interview bartenders, and preserve video evidence before it’s deleted. You need a drunk driving accident attorney Portland who understands that every day of delay is a gift to the bar’s insurance company.

If you’ve been hit, don’t wait for the system to work for you. Reach out to a firm that will fight for every dollar you deserve. We act as your shield against corporate lawyers while aggressively pursuing the restoration you are owed.

Calculating the Real Value: Compensatory vs. Punitive Damages in DUI Wrecks

Insurance giants want you to believe that a “fair” settlement is just your medical bills plus a small percentage. That’s a lie. A DUI crash isn’t a standard fender bender; it’s a life-altering event that demands more than the bare minimum. As your drunk driving accident attorney Portland, we fight for two types of justice: compensatory and punitive. One restores your bank account. The other punishes the driver’s recklessness. We don’t just look at the damage to your car. We look at the damage to your future.

Economic vs. Non-Economic Damages

Economic damages are the tangible receipts of your trauma. We track every invoice from the emergency room, every dollar of lost income, and every future cost for vocational rehabilitation. We don’t just look at the bills you have now. We calculate the care you’ll need ten years from today. Non-economic damages cover the “pain and suffering” that no receipt can show. This includes the trauma, the loss of companionship, and the daily struggle of recovery. When a crash results in permanent disability, you need a Catastrophic Injury Lawyer who can articulate that loss to a jury. We ensure the insurance company sees you as a human being, not a claim number.

The Threshold for Punitive Damages in Oregon

Punitive damages are the sword in our legal arsenal. In Oregon, these awards are reserved for cases where the defendant acted with “wanton disregard” for the safety of others. The bar is high. We must prove the driver consciously chose to drink and drive despite knowing the lethal risks. This isn’t about simple negligence. It’s about a total lack of concern for the Portland community. We carry the burden of proving this state of mind, using everything from blood alcohol levels to witness testimony about the driver’s behavior before they got behind the wheel.

Why does this matter? Insurance companies are terrified of punitive damages. These awards aren’t limited by standard policy caps in the same way compensatory damages are. When we put punitive damages on the table, we change the math for the defense. They know a local jury will want to send a message. As your drunk driving accident attorney Portland, we use that leverage to force a higher settlement before we ever step into a courtroom. We don’t just ask for what’s fair. We demand what’s necessary to deter the next drunk driver from hurting someone else.

Drunk Driving Accident Attorney Portland: Demanding Maximum Justice for DUI Victims

The Tactical Fight: How We Prove Gross Negligence and Overcome Insurance Tactics

Insurance adjusters are not your friends. They are corporate profit-protectors trained to devalue your trauma. When a drunk driver hits you, the insurance company’s first instinct is to minimize their financial exposure. They might offer you a check within days of the crash. Don’t take it. This “Quick Settlement” is a trap designed to make you waive your rights before you even know the full cost of your recovery. A first offer is almost always an insult. As an experienced drunk driving accident attorney Portland, we know these games and we know how to end them.

Deceptive Insurance Company Tactics

Adjusters will often ask for a “recorded statement” under the guise of helping process your claim. Don’t give one. They are hunting for any slip of the tongue to twist against you later. They may even try to use Oregon’s comparative fault rules to claim you were partially responsible for the crash. It’s a common tactic to suggest you could’ve swerved or reacted faster. Having an assertive warrior in your corner stops this harassment immediately. Our team at Herron Law acts as the premier drunk driving accident attorney Portland by exposing these corporate lies. We handle every single call so you can focus on your physical recovery.

Building the Evidence Arsenal

Proving gross negligence requires an ironclad case. We don’t just wait for the police report. We subpoena the driver’s cell phone records to prove they were distracted while intoxicated. We secure toxicology reports and 911 calls from witnesses who saw the driver’s erratic behavior before the impact. By working with local Portland law enforcement, we gather the critical crash data needed to reconstruct the scene. Our firm maintains a total focus on the specific details that insurance giants try to ignore. We use these facts to build a case that cannot be dismissed. We don’t just look for evidence; we hunt for the truth that forces a maximum recovery.

Herron Law never settles for less than you deserve because we are always ready to take your case to a jury. We’ve handled over 2,000 cases with 27 years of experience, and we know that the only way to win is to stay on the offensive. If the insurance company refuses to pay, we take them to court. Contact us today to start your tactical fight for justice.

Herron Law: Your Relentless Shield and Sword Against Drunk Drivers

You aren’t just a file on a desk. You’re a person whose life was upended by a reckless choice. While the driver deals with their criminal charges, you’re left facing the wreckage. We don’t just “process” claims; we go to war for your future. As your drunk driving accident attorney Portland, Herron Law stands as your relentless shield against insurance giants and your sharpest sword in the courtroom. We’ve spent nearly three decades perfecting the art of civil combat to ensure victims aren’t ignored by the system.

A Legacy of Results in Portland

Experience isn’t just a number. It’s a weapon. With over 27 years of aggressive advocacy and more than 2,000 cases handled, Bart Herron knows exactly how insurance companies try to bury victims. We’ve recovered millions for our clients because we refuse to accept lowball offers. Our firm operates as a high-performance boutique, but we bring the massive resources of our affiliate partners at Morgan & Morgan to every fight. This combination gives you elite legal power with a personal touch. When you’re ready to stop being a victim and start being a victor, you need to Contact Us Now for a strategy that wins.

Elite Accessibility for Every Victim

We believe that high-stakes justice should be accessible to everyone, not just those who can afford it. That’s why we work on a contingency basis. Our “No Win, No Fee” promise means you pay zero out of pocket costs unless we recover money for you. We take on the financial risk so you can focus on your physical and emotional recovery. We treat our clients like family, providing a level of “Total Focus” that corporate law firms simply can’t match. We handle the legal combat, the paperwork, and the aggressive adjusters. You focus on healing.

As a premier Personal Injury Lawyer, we understand that a DUI crash is a unique trauma. It requires a drunk driving accident attorney Portland who isn’t afraid of a trial. We don’t back down. We don’t blink. We demand the maximum financial restoration you deserve, including the punitive damages that punish the driver’s gross negligence. Don’t let the insurance companies dictate your worth. Demand justice today. Call us for a free, confidential consultation and let us start the fight for your recovery.

Take Control of Your Future and Demand Total Justice

Drunk driving isn’t a mistake. It’s a choice that demands a fierce response. You’ve seen that criminal court is just the beginning; it punishes the driver, but it doesn’t pay your bills or restore your peace of mind. To truly reclaim your life, you must pursue civil justice against every responsible party, including the bars and social hosts that prioritized profit over public safety. We focus on seizing the maximum recovery you’re owed, from immediate medical costs to the punitive damages that punish reckless behavior.

As your drunk driving accident attorney Portland, Herron Law brings 27+ years of combat experience and a record of over 2,000 cases handled to your fight. We operate on a contingency fee basis, which means there is no recovery and no fee. You can focus on your healing while we handle the legal combat against insurance giants. Take the first step toward victory today and ensure the people who broke your life are the ones who pay to fix it.

Demand Justice Now: Get a Free Case Evaluation with Bart Herron

Frequently Asked Questions

Can I sue a drunk driver if they weren’t convicted in criminal court?

Yes, you can. Criminal cases require proof “beyond a reasonable doubt,” and while an offender might hire a specialized firm like the Law Office of Kevin Bessant & Associates to fight the charges, civil lawsuits use a lower standard called “preponderance of the evidence.” This means your drunk driving accident attorney Portland only needs to show it’s more likely than not that the driver’s intoxication caused your injuries. We don’t wait for a DA’s conviction to start our fight. We build an independent case using crash data and witness testimony to demand the justice you deserve.

In Oregon, the general statute of limitations for personal injury is two years. However, if you’re pursuing a bar or social host under Dram Shop laws, you must provide a formal notice within 180 days. For wrongful death claims, that notice period is one year. Waiting for the two year mark often results in losing your strongest claims. We fast track investigations to meet these strict deadlines and protect your right to maximum recovery.

What if the drunk driver who hit me doesn’t have insurance?

If the driver is uninsured, we shift our focus to your own Uninsured Motorist (UM) coverage. We also investigate third parties like the establishment that overserved the driver. We leave no stone unturned. We treat your own insurance company with the same aggression as the defendant’s if they try to lowball your UM claim. Our goal is full financial restoration, regardless of the driver’s status. We fight to ensure you aren’t stuck paying for someone’s recklessness.

Can I sue the bar that served the driver who hit me?

Absolutely. Oregon Revised Statute 471.565 allows victims to hold bars, restaurants, and social hosts accountable for overserving a visibly intoxicated person. As your drunk driving accident attorney Portland, we know this is a strategic move because commercial entities carry significant liability insurance. We hunt for surveillance footage and receipts to prove the establishment prioritized profit over your safety. Naming all responsible parties ensures you aren’t left with unpaid medical bills after a crash.

How much is my drunk driving accident case worth?

Your case value is determined by the total impact on your life. This includes economic damages like medical bills and lost wages; plus non economic damages for pain and suffering. Because DUI crashes involve gross negligence, you may also qualify for punitive damages. We don’t guess or use “typical” numbers. We calculate your future care and vocational needs to demand a settlement that covers every single cent of your loss. Your recovery is our singular priority.

What are punitive damages and how do I get them?

Punitive damages are a specific award designed to punish the offender rather than just compensate the victim. To get them, we must prove the driver acted with “wanton disregard” for the safety of others. This is the sword we use in civil combat to send a message to the community. Insurance companies fear these awards because they aren’t bound by standard policy limits. We aggressively pursue these damages to maximize your total financial restoration.

Do I have to go to court for a DUI accident claim?

Most DUI accident claims settle before reaching a courtroom. However, we prepare every case for trial from day one. This “warrior” mindset is exactly why we get higher settlements. Insurance adjusters know Herron Law doesn’t blink. If they refuse to pay the full value of your claim, we’re ready to present your story to a Portland jury. We handle the legal combat so you can focus on healing from your injuries without the stress.

What if I was partially at fault for the accident?

You can still recover compensation as long as your fault is 50% or less. Under Oregon’s comparative negligence law, your total award is reduced by your percentage of fault. For example, if a jury finds you 10% responsible, you still recover 90% of the damages. We fight to minimize your fault and maximize the driver’s liability. We refuse to let insurance companies shift the blame onto victims of reckless drunk drivers.

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Norma Perez Ramos

41 days ago

I had a great experience working with this office. Olga was especially helpful—she was kind, knowledgeable, and always took the time to answer my questions and keep me updated. I truly appreciate all of their hard work and would highly recommend this office to anyone in need of legal assistance.

Miah Penson

160 days ago

They have been very helpful from the beginning, guided me towards the proper steps in getting care. Very great at what they do, grateful that I found them to help me with my situation. They go above and beyond to help you out. They are great at explaining everything from the start and always seem to make time for any questions I have or concerns even though I know they must be busy!

Parsa Mousavi

198 days ago

Very good law firm. I had a case with them that lasted a little longer than a full year. They made the process very simple and straightforward; I got updates whenever it was needed and everything was taken care of so I had no worries throughout the process. Attorney Bart and Olga are very knowledgeable and experienced; the first few phone calls I had with them showed their true understanding of accident cases and how well informed and skilled they were. I recommend anyone who needs an attorney for their accident case should contact Herron Law.

J K

254 days ago

Olga and her team have been beyond helpful, considerate and passionate about my case and my overall well being. I was involved in a very bad wreck and her whole team has gone above and beyond from dealing with insurance to just making sure I was ok mentally and physically and through every step afterwards. I wouldn’t hesitate to reach out, if you’re ever in a predicament as I was. Thank you again!

Experience__ ._. Chaos

306 days ago

This lawyers really help up s lot after car accident was lot stuff we didn't understand Olga help ups with everything in to the end we really thankful for there help they really professional and kindness they understand are trouble since the beginning helps up deal with the insurance my name JOHNNY MEDINA thanks olga

Anjan Patra

1791 days ago

Very goog Service

2199 days ago

Gets it DONE Bart and Olga are everything you want in an Attorney team. I hired them personally after speaking with several local attorneys.. They are Clear, Effective, No nonsense, with great assets in the community. Recommended 500%.

Canaan Winthrop

2487 days ago

Mr. Herron is a top-notch lawyer. Always offers good advice while telling it like it is. He really helped me in the past and I count on his services for the future. Highly recommended.

3205 days ago

DO YOU WANT TO WIN? Sometimes it takes more than a well-rounded education, years of experience, and an understanding of the psychology that separates prosecution from defense . . . sometimes it takes Guts to stay the course! We initially chose Mr. Herron based on AVVO reviews, his years of experience, his area of expertise, and even his physical appearance bearing in mind how our son might receive and interact with Mr. Herron and how Mr. Herron's appearance might be perceived in the courtroom by juror's. Just like you, we faced debilitating fear, gut wrenching anxiety, sleepless nights, the potential that justice would criminalize someone who was not a criminal but who had made a poor choice, and the possibility that our lives would be changed forever with no way to recover what was lost. Mr. Herron and Olga exercised patience, tolerance, understanding, reassurance and excellent communication skills when dealing with us. They never sugar coated the facts or the probabilities. They never held us in their laps. The bottom line . . . if you are looking for someone to coddle you and hand you tissues you might not be happy BUT if you want a team that will partner with you to help release the agonizing uncertainty of accusation and preserve all that you love and have worked for your whole life to achieve . . . If you want to plant the flag on top of Everest . . . Call Bartley Herron and Olga.

Kyle W.

3459 days ago

Around 2011, I got arrested & charged with a DUI. To keep the long story short, I got charged even after having a 0.0 BAC (I also wasn't using drugs). Despite the evidence showing that I wasn't intoxicated but I was a bit overwhelmed with anxiety, thinking that the system wasn't going to be on my side, So I decided to hire an attorney just in case the worst might happen. The attorney was Bart Herron and all went over very well! Since I was also a bit naive on how to handle the law, he gave me great advice on how to handle future traffic stops & exercise my rights in a diplomatic way. Recommended!

3569 days ago

Herron Law LLC I was very satisfied with how well Bart and Olga were able to resolve my personal injury case for me. I was in a car accident and the insurance companies were so difficult to deal with, when I was trying to resolve the case myself. I hired Bart Herron, who took over all the stress of dealing with the insurance adjusters. Olga was very attentive and professional with my questions and collecting all the information needed to resolve the case. Bart was able to get the insurance company to pay the medical bills and I also received a fair settlement check. I highly recommend Bart Herron because he works hard for his clients to give them the representation they need when dealing with legal matters.

CodeLogics Softwares

3644 days ago

Very informative. I called the office on weekend and got all my questions answered. I had no idea what was going to happen and was really lost. I would recommend anyone facing Dui charge to call them for piece of mind.

3688 days ago

Personable, Assuring, and Painless I had my first (and only DUI) and I hired because he was the first attorney to reach back out to me after attempting to speak with several others. He called me while he was on vacation with his family to follow up and set up an appointment right away. Bart and his team were personable and thoroughly explained the what to do and what to expect over the phone, were very reassuring and comforting. I walked into their office and there was absolutely no judgement and uncertainty and I knew right then I wanted to hire him. His one-time fee for this particular case made it incredibly easy and decreased the level of anxiety and stress, as I had no idea what I needed to do. They take their time with you, are patient, and quite a joy to work with, despite the circumstances. Bart and Olga are a dynamic duo and are truly passionate about their line of work, and sincerely care about their clients' and their well-beings. I would strongly recommend the to anyone who needed an attorney.

3720 days ago

Very thorough! Though I don't know the out come of my accident as of yet, I do know Bart and his assistant Olga have been very thorough going through all the medical,surgery & insurance papers since my accident Nov 12, 2014 and have been very compassionate and understanding with the physical pain and all the bills I've had to endure till this case comes to an end! I really feel Bart Herron is one of the best lawyers in Oregon and he truly loves what he does!

3747 days ago

Olga was amazing. I contacted the Law firm. My encounter was with Olga. She was extremely Professional and very thorough with the questions that she asked me to gain the information to assist me with my issues. Olga went above and beyond to help me and she was very knowledgable about the law and giving me information for me to make my decision in the next steps I needed to take. It was great speaking with Olga because I had no past issues with DMV, I did not know where to begin with the DMV problem that had presented itself. Olga is a asset to your firm. My drivers license was threatened to be suspended by DMV, but because of Olga's input and guidance, My drivers license was saved, because of information that was gained from Olga. I would highly recommend this Law Firm. Thank you again from the bottom of my heart. Sincerely Sabrina H

3859 days ago

Made an awful life experience survivable My DUI has been the most miserable experience of my life. I needed someone to not only navigate me through my legal rights, but someone who understood that I am, at heart, a very honest and ethical person, and that I learn from my mistakes. I heard about Bart from a friend who had hired him for her DUI. I spoke with several attorney offices and lawyers, but 2 of 4 of them refused to even talk to me about my case without a $3000 check in hand. After talking to Olga the first time over the phone, I was fairly confident that Herron's office would be the right choice. Olga talked openly and candidly about her thoughts on my DUI and gave me specific instructions on what I should do next. Upon my first meeting with Bart, he seemed fair, understanding, intelligent, and the office was supportive and encouraging. When you are at your lowest, it's important to remember that we are human and we make terrible mistakes sometimes, but that doesn't automatically make us bad people. Every step of the way, every appointment and hearing Bart and Olga confirmed with utmost professionalism and care, that I'd made the right choice. I'm thankful to have these amazing people on my side. I wouldn't hesitate to recommend Herron Law Office to anyone facing similar circumstances. You may regret what led you to hiring an attorney, but you won't regret hiring Herron.

3863 days ago

Dui I contacted and meet with mr Herron shortly after I got my dui . He was very straight forward with what was most likely going to happen and had no problem spending his time to convince me to hire him . He made it so I barely had any paper work to do my self and he kept in contact with the court for me . . I only had to appear at court once and he made it as stress free as possible .he also won the dmv court hearing which let me keep my license . I would suggest him to anybody going threw a dui who wants it resolved easily !

3886 days ago

SIMPLY THE BEST Bart and Olga...and the rest of his staff are truly professional and caring. After a very serious MVA, they immediately made sure I took care of myself first...all the right medical care...and they were patient and walked me through every step, making sure my interests were protected. They explained everything that was going on, and what I could expect. Great people to work with.....I'm so glad I found them

3963 days ago

Best Law Office Around This period of my life has been one of the most difficult and stressful times I've ever faced. I've never had any issues in my life like this and it has been so intense, scary and difficult I can't put in words. BUT Mr. Herron and Olga were amazing helping me through this. They walked with me in my path of darkness and held my hand through the entire thing. I'm so happy that God blessed me by putting them in my path. Like you I read a lot of blogs trying to find the correct people to represent me. Time after time people said how amazing they were for this reason I decided to meet with them. As with the other posts and mine NO ONE is lying these people are amazing. Stop looking around and make your first appointment you will not be unhappy about your choice. Olga you are a god send and thank you so much for who you are and your personal support I know I freaked out multiple times and you made it better. Thanks, Dave

Nicholas Efta

4424 days ago

From start to finish Mr. Herron, Tatiana and the rest of the staff made this situation as good as it could have been for me. Following a poor Saturday night, Mr. Herron called me back within an hour of me leaving a message on a Sunday and was willing to meet with me that evening. Being from out of state, this was really helpful for my case to discuss options as soon as possible. Through the hearing and the entire year going through the diversion process Tatiana was nothing short of wonderful. She addressed all my concerns through some strange situations and relayed legal guidance to me as soon as she could discuss particulars with Mr. Herron. All in all, the folks at Herron Law Firm helped me through a significant event in my life in the most professional manner. Thank you for all of your efforts, I hope that I can one day return the favor.

Timur Zavalin

4565 days ago

Great firm. Did some business with them in the past and loved working with them. The staff are very kind and friendly. I would defiantly recommend Herron Law to everyone!

Drunk Driving Accident Attorney Portland: Demanding Maximum Justice for DUI Victims