Oregon DUII

Increased DUI Saturation Patrols Scheduled Over Thanksgiving Weekend and Throughout the Holiday Season

Drunk driving is one of America’s deadliest crimes. In 2008, 11,773 people died in highway crashes involving a driver or motorcycle rider with a blood alcohol concentration (BAC) of .08 or higher. The picture for women is particularly disturbing: nationwide, 21% of the 5,473 female drivers killed in crashes in 2008 had BAC levels of .08 or higher.

These frightening statistics are the very reason why police departments all over Oregon, and across the nation, are joining forces, from Thanksgiving weekend to New Years’ Day, to conduct DUII saturation patrols. The goal is not only to arrest impaired drivers, and protect everyone else on the road, but also to create general deterrence through high-visibility law enforcement; when the perceived risk of getting caught by law enforcement increases, the likelihood of choosing to drive while impaired actually decreases.

Gilroy & Napoli, DUII attorneys, would like to encourage each and every one of you to plan ahead and take extra care this holiday season. Please designate a sober driver or arrange for a sober ride home before beginning your evening of celebration.  Safe celebrating, and happy holidays, from Gilroy & Napoli.

Last week, the state of Oregon sent a clear message to DUII offenders when it sentenced repeated drunk-driver John Cole Cargren, 47, to 43 years in prison. Cargen killed four people as a result of driving under the influence on I-84 last October. The DUII conviction is his fifth since 1984.

Cargren was charged with four counts of manslaughter along with the criminal DUII charge. Read Portland’s KATU news coverage of the incident here.

From a DUII law perspective, this tragedy offers an opportunity to point out interesting aspects of DUII law here in Oregon and its relationship with Oregon criminal law. An Oregon DUII is usually a misdemeanor charge. The penalties for a class A misdemeanor conviction vary widely and are determined by several factors relating to the case. A DUI conviction can carry a fine up to $6,500, a lifetime revocation of driving privileges, up to a year in jail, and mandatory attendance in DUII awareness programs. Completion of these programs shows a commitment to altering criminal behavior and can help reduce penalties; Cargen failed to complete any mandated DUII programs until 1999.

After a driver’s third DUII charge, an extremely rare instance but not unheard of as evidenced by Mr. Cargren, the punishments stiffen harshly. At this point the driver can be charged with a Felony DUII according to Oregon criminal law.

Many drivers never get to this point because Oregon DUII law affords several opportunities for DUII offenders to get back on track after a drunk driving conviction. If the offender has a quality DUII attorney, they will be counseled to complete all mandated DUII programs and change their habits to avoid another DUII conviction. A second or third DUII charge is much harder to defend than a first.

Interestingly, under Oregon criminal law DUII offenders cannot enter into a plea agreement, they must plea to their charge. This means that most people who face a DUII charge plead guilty and enter in to the state’s Diversion Program, where after a year, the DUII charge is removed from their record. This structure highlights the state’s commitment to reduce repeat DUII offenders, while simultaneously offering relief to people who commit an unfortunate lapse in judgment.

Drivers in Oregon should be grateful for this opportunity to remove their DUII charge from their record and get on with their lives. But, according to a 2005 study commissioned by Multnomah County, about 1/3 of participants fail to complete the Diversion Program. These drivers are more likely to be arrested for a DUII and face the harsh penalties that await repeat offenders. The state of Oregon hopes to entice DUII violators into this program to lower recidivism.

If you are convicted of a DUII in Oregon, the state affords several opportunities to get your life back. The drivers, who never learn from their mistakes, do not attend programs, ignore their DUII lawyers, and repeat their crimes, risk forfeiture of their freedom. If you are convicted of a DUII, please, follow the sound advice of your DUII lawyer and complete the generous programs offered by the state, I’m sure Mr. Cargen wishes he did.

Oregon DUII law may be expanded to drivers impaired by over-the-counter medication. The new Bill, House Bill 2491, “expands offense of driving while under influence of intoxicants to include any substance that adversely affects person’s physical or mental faculties to noticeable or perceptible degree,” according to the Bill submitted earlier this week.

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The DUII Diversion Program is often the best option for those charged with a DUII in Oregon. However, there are several requirements for the Program. To be considered eligible a person charged with a DUII one must swear to the truth of the following statements:

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It’s every parent’s nightmare.  Your teenager is driving home from a night of partying with friends, only to be pulled over by the police.  A simple traffic violation rapidly escalates into a Driving Under the Influence of Intoxicants (DUII) charge.  What can you expect, and how can you mitigate the consequences?

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Oregon created the Diversion Program to allow eligible offenders to avoid a DUII conviction.  If eligible, you may want to take advantage of this program.

The Diversion Program lasts one year, and requires that all elements of the program be completed to dismiss your DUII, including payment of upfront fees, completion of education courses, attendance at a Victim Impact Panel presentation, abstinence from usage of intoxicants, and maintaining a clean driving record.  Be aware, however, that there may be downsides in choosing to participate in a Diversion Program.  Therefore, you should contact an experienced Oregon DUII Attorney to better understand the specific requirements pertaining to your charge, and which of your legal rights could be impacted by a Diversion Program.

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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 DUII tests, both of which are commonly used throughout the state of Oregon.

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You made a mistake.  Now you are facing charges that could ruin your driving record, cost you your driver’s license, send you to jail or prison, and/or cost you thousands of dollars in fines and spiked insurance rates.  However, there is hope.  In the state of Oregon, eligible drivers charged with Driving Under the Influence of Intoxicants (DUII) can choose to participate in a Diversion Program, which upon completion, dismisses the offense.   Therefore, it is important to understand the law and to know your options when faced with a DUII in Oregon.

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