DUII Trial — Won’t the Court Impose More Jail?

Oregon DUII defendants are frequently concerned about an increased  jail penalty if they lose at trial after rejecting a plea deal.

It is unlawful for a court to “impose a sentence that is longer than it would have been had [one] not exercised the right to go to trial or not utilized a defense that was inconsistent with owning up to his misdeeds.” State v. Fitzgibbons, 114 Or App 581, 586 (1992). “[C]ourts must not use the sentencing power as a carrot and stick to clear congested calendars, and they must not create an appearance of such a practice. * * * [T]he record must affirmatively show that the court sentenced the defendant solely upon the facts of his case and his personal history, and not as punishment for his refusal to plead guilty.” 114 Or App at 586-87 (quoting State v. Smith, 52 Or App 681 (1981), and United States v. Stockwell, 472 F2d 1186, 1187 (9th Cir), cert den 411 US 948 (1973)).

Fitzgibbons reversed a 10-day jail sentence for harassment based in part on the judge’s commentary “that negotiated pleas are based upon whether or not someone is willing to accept responsibility for their behavior and talk to the Court about that behavior and move on with their life or whether they wish to go to trial, they wish to contest it. Those are two different mind sets. I’m dealing with two different people, I’m dealing with two different situations. That’s what I’m looking at. I’m not looking at a penalty for a trial.” 114 Or App at 585-86. The Court of Appeals found sentencing with those considerations was, in fact, a trial penalty. Id.

Reversal was similarly required in State v. Qualey, 138 Or App 74 (1995):

“From my perspective [defendant], you traumatized [the victim] twice: Once was on the day of the incident, and the second was putting him through this court hearing here again. That was a choice you made after lots of reflection, [and] after plenty of opportunity to consider the alternatives * * *.”

After the court conveyed the terms of defendant’s sentence, defendant’s attorney questioned the motivation behind the sentencing decision:

“It sounds as though part of the sentence being imposed is because [defendant] exercise[ed] his constitutional right to have a trial. He is being penalized because he asked for a trial, and the District Attorney felt compelled to call the witness.”

The court responded:

“[Defendant] is entitled to exercise his rights. He is not insulated from the consequences of doing that when it harms other people and there are viable alternatives. * * * The District Attorney offered him Assault in the Fourth Degree and no jail time prior to trial, and [defendant] decided to roll the dice and gamble. That involved not only him and court time and you and the D.A., but it also involved the witnesses, including a small child * * *. That was a decision [defendant] made and he is not insulated from the consequences of that simply because he had a constitutional right to make that decision.”

138 Or App at 76-77 (emphasis in original). Reversal was required – trial penalties simply impermissibly burden and chill a defendant’s absolute right to her day in court.

Point being: it is unlawful for a court to issue a harsher punishment to an Oregon DUII defendant who loses at trial than to a defendant who enters a plea without trial. That’s because trial is a right — not a license, or a privilege. One cannot be punished for exercising a right. Otherwise, it’s not a right at all.

There are two scenarios where I risk more jail by going to trial: (1) where the DA makes a plea offer that dismisses charges (especially more serious charges — particularly if they’re Measure 11); or (2) where the defendant testifies. Scenario 1 is self-explanatory. Scenario 2 happens because some judges propose that if a defendant testified, yet a jury found them guilty, the jury must have believed there was lying in the court. For that reason, among many others, it’s often a better idea in DUII trials to not testify or offer additional evidence. Now that more DUIIs are videotaped, I find less reason to call clients as witnesses at trial — because they’ve said everything important on that video, on the night of the arrest. And in a case where you don’t testify, the judge instructs the jury: “A defendant has an absolute constitutional right not to testify. Therefore, a defendant’s decision not to testify cannot be considered as an indication of guilt. It should not be commented on or in any way considered by you in your deliberations.”

My experience with juries (including being on a jury) leads me to believe that jurors honor and follow those instructions. They want to follow the law, and they will enforce the Constitution. Juries are a great bulwark against the accusatory power of the state — a power that, unchecked, can destroy lives based on raw accusation.

AFTERWARD

This blog post was — surprisingly to me — probably our firm’s most controversial. Most comments on Facebook came from defense lawyers defending judicial practice in their locality of punishing people for exercising their right to trial. Some of the posters took a “federalist” bent, arguing that a trial penalty is perfectly OK in federal courts. The argument forgets that we have state law right on point — and we don’t get to federal law until we deal first with state law. We are not dealing with a blank slate, with no state law decision.

The case is Fitzgibbon, cited above. What follows is a portion of the trial judge’s impermissible commentary that resulted in reversal for re-sentencing: “And you know and I know that in Federal Court that negotiated pleas are based upon whether or not someone is willing to accept responsibility for their behavior and talk to the Court about that behavior and move on with their life or whether they wish to go to trial, they wish to contest it” (emphasis added). In other words, the Court of Appeals has met this “federal sentencing” argument, and said: NOT HERE. If you can be punished for exercising a right, it is no right at all.

Oregon DUII Diversion — What Do I Have to Do?

DUII Diversion is an admirable Oregon experiment. Most states don’t have it — if you get arrested for DUII, your only choices are: going to trial or pleading guilty. Some states, like Washington, permit plea bargaining on a DUII to something like “Wet Reckless.” Oregon forbids plea bargaining by statute — but we’ve got a great program if nobody got hurt, you don’t have a CDL, and you have no prior DUIIs or court-ordered treatment in the past 15 years. Oregon’s system is based on the philosophy that everybody can make a mistake. Oregon recognizes the nuance in the law: it is NOT illegal to drink and drive, but it is if you have too much. Living with and embracing that nuance means that occasionally we’ll err in judgment. Folks that make that error should get education, and be sent on their way. And it works — the vast majority of clients who come to me for DUII Diversion never have another run-in with the law. They either completely divorce drinking from driving; or they are very moderate and thoughtful when they mix the two; or they teetotal.

Here are the nuts and bolts of Oregon DUII Diversion, both the affirmative obligations and the agreed-upon prohibitions:

Affirmative Obligations:
1. Pay the filing fee.
2. Attend VIP.
3. Successfully complete alcohol and drug evaluation and treatment.

Prohibitions:
1. No driving any vehicle without an Ignition Interlock Device (IID). You’ll have to prove 90-days flawless IID compliance to get your full driver license back too, see ORS 813.635(2).
2. No use of intoxicants, except pursuant to prescription. No use of alcohol, except for religious rites post-treatment (Communion, Passover, etc.). I say “post-treatment” because there’s a requirement of demonstrated abstinence during treatment that seems to trump the statute’s acknowledgement of religious freedom. Using alcoholic mouthwash, tinctures, or hand sanitizer is not a religious rite — don’t do it during Diversion!

Another of your DUII Diversion obligations will be to keep the court apprised of your mailing address — because if the court wants to kick you out of Diversion (for, e.g., driving without an Ignition Interlock Device (IID), blowing booze into the IID, or dirty UAs), the court will mail you notice of the hearing to end Diversion and put you in jail. If you don’t show up, you are convicted in absentia. In other words, you must scrupulously review your mail during the entire year of DUII Diversion, and immediately let your lawyer know if you get a notice from the court.

If you comply with all these requirements, your lawyer will file a formal motion to dismiss the DUII at the end of the one-year Diversion period. “Dismissed” does not mean “off my record.” It would be on your record for the rest of your life, and not subject to expungement. Every police officer who ran your record would believe your were a drinking driver (at least at one point in your life), so you should expect inquiries about drinking on traffic stops. Any prospective employer, or anyone else running your record, would likely see your DUII Diversion. I mention this because many people think “dismissed” means “off my record” — it doesn’t. For trouble with international travel, see here: DUII Diversion & International Travel

Oregon DUII Diversion starts the day you plead guilty or no contest in court to enter the program. Don’t drive to court unless (a) you still are licensed to drive and (b) you’ve had the IID installed. You cannot drive any vehicle without an IID during Diversion. If you’re suspended at the time you enter Diversion, there’s no need to install an IID while suspended, but at the end of the suspension period you must visit a full-service DMV to get your license reinstated. Then, someone else can drive your car to an IID installer. Once the IID is installed and you have a valid driver license, you can drive the car without violating the Diversion agreement.

The law requires camera IIDs. This is to defeat a claim later that you were not the driver if alcohol is blown into the device. Read my blog about avoiding eating and drinking while or near the time of driving, here: IID False Positives
You cannot use alcohol of any kind during Diversion. Do not use perfume or cologne with alcohol during Diversion. Odds are, your IID will sense those substances and report to the court that you are drinking and driving. Do not use mouthwash, shampoo, tinctures, or any other substance with alcohol during Diversion.

After entering DUII Diversion in court, you’ll have two separate evaluations — one with your treatment provider, and one with the court’s evaluator, commonly called “ADES” (Alcohol and Drug Evaluation Services). You don’t have to wait for the ADES evaluation to start treatment. The law says you get to “participate” with ADES in the process to find a treatment provider. If you show up for your evaluation and already have a treatment provider, ADES can “participate” to make sure it’s a good fit, but I’ve never had ADES demand that you quit any particular licensed treatment provider. See OAR 415-054-0420(4) (“In addition to all applicable statutory and constitutional rights, every individual receiving services has the right to: (a) Participate in the selection of the treatment program”). You want to find a treatment provider that is convenient to your home or work, and who will treat you as a customer rather than as a criminal. You’re not required to start treatment early — but if you think you have an alcohol problem, or are experiencing acute anxiety, I suggest starting treatment now — it can help with both those issues.

For both evaluations (at ADES and your treatment provider), the evaluator relies on: (1) your BAC; (2) the police reports; and (3) the interview with you. You’ll be asked if you think you have an alcohol problem. Be aware that some ADES subscribe to the MADD view that a DUII arrest comes after 80 instances of driving under the influence. There’s an ancient saying, “Know before whom you stand.” I’d rather have you know who you’ll be talking to in the Diversion process than finding out later. For an idea of the information evaluators are fed, see the MADD DUII statistics page here: MADD statistics

Oregon DUII Diversion is a noble experiment, and saves courts vast sums in trial, administrative and jail costs. It’s a not-terrible way to deal with a first DUII. But if your DUII is defensible, or you’re a poor candidate for Diversion, talk with a good DUII lawyer about trial. Your Diversion lawyer should talk to you about trial in any event, since the plea form specifically provides that your lawyer has told you about how he or she would defend your case if it went to trial. Listen carefully, and if you want to give up those rights, do it — but go into the Diversion program with open eyes. Know what you’re getting into, and self-examine to see if you can and will do it.

Should I Tell My Insurance About My DUII?

No one affirmatively notifies your insurance company of your DUII arrest — unless there was a wreck of some sort. If there was a wreck, you should promptly notify your insurer so they start working to pay whoever got their property damaged or was hurt.

But in non-wreck DUII cases, it is in your financial interest (keeping your premiums low) to not affirmatively notify your insurance company. You have no obligation to do so. On the other hand, you also cannot lie — an affirmative lie could nullify your coverage (fraud). Therefore, my advice in this situation is: don’t change your policy. Don’t buy a new car, don’t add a new driver, don’t establish a new primary residence. Those things would all trigger you having contact with your insurance company. They would then set a new rate for you — based on the new car’s value, or the new driver’s driving record, or the new address (address is used in setting rates because some neighborhoods engender more claims than others / are more dangerous than others). Most rate-setting would include a review of your current driving record. Insurance companies generally use a 3-year look-back policy, so if you can make three years from the arrest without the insurance company finding out about your DUII charge, then you should keep your rates as they are. If you are in a situation where you are asked a direct question by your insurance company about the DUII, you must be honest. That is because their obligation to indemnify (pay for claims) is tempered by your duty of cooperation (honesty).

The above is general advice. You should review your policy terms — maybe you have an insurance policy that requires you to notify your insurer of a DUII arrest. I’ve never seen one. However, I have seen employment and professional policies that either require or strongly suggest you notify your employer or your professional licensing board. For instance, as an attorney I would promptly notify the Oregon State Bar if I was arrested for DUII. With professional licensing boards, it seems to always be better to notify early. If things get sticky, or you’re unsure of how to proceed, it’s best to contact an attorney who specializes in this area.

To sum up: if you get a DUII, you don’t have to immediately advertise that fact to your insurance company. If anyone was hurt or if property was damaged, you should open a claim with insurance promptly. And finally, if you occasionally drink and drive (it’s legal, see my blog post here: http://oberlaw.com/uncategorized/not-illegal-to-drink-drive-court-surprised/) you should have policy limits well above the minimum $25,000/$50,000 limits. Hit one Tri-Met or utility box, and you’ll eat that up immediately — and you’ll be personally on the hook for the remainder. There’s not one DUII lawyer I know who is not insured at the $100,000/$300,000 level, often with a $1,000,000 umbrella policies. It is pretty cheap to increase coverage — and much easier than sitting in a debtor’s prison for failure to pay restitution.

How Much Alcohol is Healthy?

The short answer for how much alcohol is healthy is: not much. 1-2 doses per day for men, 1 for women. “Bingeing,” weekends-only, for example, is much more harmful than moderate regular use.

Many studies suggest that up to 4 drinks per day for men, and up to 2 for women, provide an overall health benefit. Augusto Di Castelnuovo, ScD; Simona Costanzo, ScD; Vincenzo Bagnardi, ScD; Maria Benedetta Donati, MD, PhD; Licia Iacoviello, MD, PhD; Giovanni de Gaetano, MD, PhD, “Alcohol Dosing and Total Mortality in Men and Women: An Updated Meta-analysis of 34 Prospective Studies,” JAMA Internal Medicine (Dec 2006), available here. However, the CDC reports lower numbers — up to 2 drinks for men and 1 for women. Why?

The CDC considers a man to have transitioned from moderate to excessive drinking when he consumes more than 4 drinks in a day or 14 drinks in a week (3 and 7 for women). That’s the same daily drinking conclusions from the collection of studies above. The difference is the weekly drinking standards.

In a Study published in Alcohol, Japan’s Hyogo College of Medicine researchers found that cholesterol, triglyceride and overall blood-borne fats tend to build up in heavy drinkers and — especially — occasional heavy drinkers. In other words, occasionally heavy drinkers have more blood-borne fat than regular heavy drinkers.

Triglyceride and cholesterol levels are regular parts of medical checkups as we age. Pay attention to those levels. If you see elevated levels, consider either changing your drinking habits or ceasing drinking. At some point, we have to weigh the (substantial, non-trivial) benefits of regular moderate alcohol use — longer life, less risk of heart disease, less chance of ischemic stroke and diabetes — against our actual blood test results. Objective, individual evidence wins against trends in health among large populations.

Incidentally, I should point out that road deaths significantly decline when a state adopts legal marijuana access (an average of 15% reduction in traffic fatalities). If alcohol might be a problem in your life, consider a switch to cannabis as your go-to stress relief. It comes with far less side-effects, including hangover, is a natural powerful anti-inflammatory, and offers a growing list of health benefits. When I see clients make the switch to cannabis from alcohol (or opiates), it has always inured to a net public good. Better for them, better for those around them, all-around better.

Is there another reason CDC might suggest the lower levels of alcohol use? It could be because the CDC is worried about people developing alcohol use disorder, which the CDC describes as, “a pattern of drinking that results in harm to one’s health, interpersonal relationships, or ability to work.” In plain English: if your drinking is causing problems.

The CDC might also understate healthy alcohol use out of our country’s particular strain of Puritanism. The same energy that fueled the Puritans fueled Prohibition and resulted in the passage of the 18th Amendment banning alcohol. That same energy fuels the Drug War, the War on Women. And it all comes back to: piety. Wanting to tell other adults what they can and cannot do with their own body. Denying people agency. Control. Or, as one colleague termed it, “Everybody on probation / Everybody in treatment” thinking. (Don’t get me started on kids — the CDC says that “binge drinking” is any underage drinking. So if your kid takes Communion, or has wine at Passover: binge drinking, according to the CDC.)

Finally, what is a dose? 12 oz. of 5% ABV beer. 5% ABV beer is: Deschutes Brewery Twilight Summer Ale, Rainier, etc. Lighter beers. If you order a pint — 16 oz. — of Ninkasi IPA, consider that about 2 doses. A dose is also 5 oz. of wine — i.e., not a restaurant pour. Or 1.5 oz. of distilled spirits. You cannot “bank” your doses — in other words, having 14 doses on the weekend, but abstaining during the week, isn’t healthy. In conclusion, be careful out there, be thoughtful and honest about alcohol use, but don’t think abstinence is the healthiest thing for everyone.

The Wars on Drugs / DUII / Prostitution are Wars on Real People

When the government wants to over-criminalize an area, its favored tool is scare-mongering, or “worst-case-scenario syndrome.” Thus, in a run-of-the-mill .09% DUII trial with no bad driving, and a pull-over for a license plate light out, you’re guaranteed to hear talk about carnage on our highways. In a routine drug possession case, you’ll hear stories of addiction and loss that simply don’t match the facts. Lately, in prostitution cases you won’t hear that word as much as “human trafficking” — because it’s easier to get convictions if you call it that. In the March, 2015, Oregon State Bar Bulletin, the following discipline was reported (last name shortened to “R” because this poor guy has had his name dragged through the mud enough):

ROBERT R.
OSB #73xxxx
Lake Oswego
Public reprimand

By order dated Dec. 30, 2014, the disciplinary board publicly reprimanded Robert R. for violating RPC 8.4(a)(2) (committing a criminal act that reflects adversely upon fitness as a lawyer).

Over a period of several years, R. paid an adult prostitute to engage in sexual conduct or sexual contact. In April 2014, R. pleaded guilty to five counts of patronizing a prostitute in violation of ORS 167.008, a Class A misdemeanor.

R. and the bar stipulated to several aggravating circumstances, including substantial experience in the practice of law and a pattern of misconduct. In mitigation, the stipulation noted an absence of prior discipline, full and free disclosure (R. cooperated with law enforcement and reported his conviction to the bar) and the imposition of other penalties (18 months probation in the criminal proceeding).

My question: why was this lawyer disciplined at all? His bar number is from the year of my birth — meaning he’s at least in his 60’s. He was lonely, and he had an honest, long-term relationship with an adult with full agency. He didn’t breach or abuse their relationship. There was no force, coercion, or trafficking of an underage person.

His discipline comes down to the criminalization of adult conduct that we all know will happen. It’s called “the world’s oldest profession” for a reason. It’s not going anywhere. That prostitution is still illegal underscores the government’s discomfort with nuance: prostitution can be a violent system of exploit. It can also be a mature relationship between consenting adults. We should criminalize the former, and permit the latter. It seems like the most effective way to do so would be to legalize and regulate an industry that we know exists and will always exist. Instead, like drugs, the government chooses to create a unregulated black market. In so choosing, we knowingly put more kids and humans everywhere at risk — decriminalization of sex work would avert 33-46% of HIV infections in the next decade.

That statistic and many more are the result of years of studies that have led major human rights organizations to recommend decriminalization. Amnesty International; the United Nations; Human Rights Watch; and the World Health Organization all have adopted resolutions recognizing that the best way to protect the safety of sex-workers (and their clients and clients’ families) is to legalize the industry. By refusing to do so, we imperil our own citizens. Our government becomes an assistant to actual human traffickers — because they work in the dark, in an unregulated, illegal industry, rather than working in the light, in an industry with health and safety protections.

We have hope that the recent legalization of marijuana — without the sky falling — will help humanity evolve to decriminalize other forms of human conduct, like prostitution for a mature, lonely lawyer in his 60’s who wants to contribute to an adult sex-worker’s business of choice. The government has no business being in their bedrooms. Hopefully, in a few years I can look on this man’s disciplinary reprimand as an anachronism — the same way I would look at a lawyer’s old discipline for marijuana possession now. In both situations, it’s not the lawyer who erred — it’s us.

What to do if you are stopped for DUII

Perspective from a Portland DUII lawyer:

Let’s say you meet some friends downtown after a long week of hard work. You catch up, and have 2 beers over the course of your time together. On your drive home, you signal 75 feet before making a lane change — the law requires a continuous signal for at least 100 feet. An officer who has been following you turns on overhead lights.

“The reason I pulled you over is for not signalling at least 100 feet before your lane change. License, registration and insurance, please. I can smell some alcohol, how much have you had to drink tonight?”

The best answer would be, “I don’t answer questions.” The officer may make light of the answer, suggest you’re not under arrest, and ask again. “I don’t answer questions,” is a good response to repeated questions. The simple word, “lawyer,” works too.

If you admit to drinking any alcohol, the officer will later call it “the admission of drinking” and use it to hurt you. This does not mean you should lie. Lying is wrong. Just invoke your right to not answer police questions.

“Well, I’m just trying to keep the streets safe tonight. Where are you coming from?”

“I don’t answer questions.” Don’t SAY you know your rights, SHOW you know your rights.

Now the officer is stuck. You’ve made it clear that you are not a source of evidence against yourself, and he has to decide if he has seen enough to justify arresting you for a crime. If he hasn’t, he’ll send you on your way. If he has, he’ll arrest you. There will also be a request for field sobriety testing, but the Oregon Constitution says we’re not required to reveal our thoughts, beliefs, or state of mind — so consider that. In my experience, if you’re not a particularly athletic person you will probably fail the field tests. If you respectfully decline, the officer will tell you he might use it against you at a later hearing. If you’re arrested, don’t freak out — the officer made that decision a long time ago. Now you’ve got to figure out what to do about the breath test.

For most people looking at a first-time DUII arrest, it’s a good idea to blow. First, you might blow well under the legal limit. Second, even if you blow over the limit, the license suspension penalties are much gentler for a failed breath test, rather than a refusal. Third, as a Portland DUII lawyer, I see more officers getting warrants for blood draws if a driver refuses. Nobody wants a cop, or cop-friendly paramedic, sticking a needle in their arm. In any event, if you have any doubts, ask the officer to let you call a lawyer in privacy before making the breath test decision. They’re supposed to give you at least 15 minutes to do this.

If you blow under the legal limit, great! But keep your mouth shut. Some officers can’t believe they got it wrong, and will call in another officer to consider whether you are under the influence of drugs. They do this primarily by asking you, “What drugs have you taken?”

Remember, we have a Bill of Rights that says we don’t have to answer police questions. “I don’t answer questions,” or “I invoke my right to silence and counsel” works, as does, “I don’t answer questions. I want my lawyer here during any questions.” As a practical matter, this cuts-off (and is intended to cut-off) all police questioning.

If you blow over the legal limit, keep your cool, keep a poker face. Continue not making any statements (silence is never supposed to be used against you). Call a good Portland DUI lawyer the next morning! Important timelines come up very quickly.

You might ask why you would call a Portland DUII lawyer instead of someone local to your community. By all means, if there’s a good DUII lawyer in your town, go with that person. However, we’re becoming a bit of a rare breed in parts of Oregon. If you can’t find a DUII attorney to help you, consider calling someone in Portland. Because we live and work in an area with a large population, and many police agencies, it means we deal with a lot of DUII arrests — and incredibly well-trained, experienced, battle-hardened officers. Sometimes your local doctor can handle all your needs, but sometimes you want a specialist — who handles nothing but your kind of problem. Like doctors, lawyers tend to specialize if we can — and we can in a high-density area. Call the best DUII lawyer you can find.

Note: DUI and DUII and DWI are acronyms that describe various state crimes — in Oregon, it’s DUII (Driving Under the Influence of Intoxicants). Remember that it is NOT illegal to drive after having consumed intoxicants — like beer, or marijuana / cannabis / THC, or prescription medication — but it is illegal if your mental or physical faculties are adversely affected to a noticeable or perceptible degree because of the alcohol, or drug. Like much in life, it comes down to moderation. It’s not illegal to drink and drive — it is if you’ve had too much. Be careful out there, and get a good DUII lawyer on your side!

IID False Positives: donuts, bagels, Altoids, and coffee

How to avoid IID false positives? Don’t eat or drink anything within 15 minutes of using an Ignition Interlock Device (IID). And since they come with “rolling re-tests,” don’t eat or drink while driving at all.

That’s the advice I give everyone about IIDs. It is shocking, and a life-change for many busy people who typically have coffee or food while driving. I give this advice, however, for a few different reasons: Continue reading

IID Employer Exemption

If you’re required to have an Ignition Interlock Device (IID) by the Oregon DMV, there’s an exception that permits you to drive employer-owned vehicles without an IID if: (1) you tell your employer as referenced below; and (2) you have proof you’ve told your employer on you when you drive. Here’s the law as amended by HB 2116 (2013): Continue reading

DUII Mugshot Websites and HB 3467

Many of my DUII clients have been victimized by the “mugshot” websites or “Busted”-type magazines. Those entities prey on human frailty. Their customers are, in a documented sense, dealing with truly low self-esteem.

On one hand, who cares about the troglodytes who would buy (!) Busted or check out those websites? On the other hand, many employers “Google” someone before offering them a job? Continue reading

Relicensing and Proof of Treatment

For folks looking to reinstate their driving privileges: DMV’s rules require proof of successful alcohol treatment before you can get your license back following a DUII conviction. There are a only a few, narrow exceptions: (1) it’s been more than 15 years; (2) a Circuit Court judge signs an order that says you made “sufficient steps” to complete treatment; or (3) it’s an out-of-state DUII conviction we’re talking about. The rule reads as follows:

735-070-0085 Continue reading