Your BAC in Hospital Records is Not Private

You might think that physician-patient privilege means your nurse won’t tell the police your hospital blood draw results. You could even think that HIPAA (the Health Insurance Portability and Accountability Act of 1996) protects your privacy as a patient. It does not, if you’re brought to the hospital following a motor vehicle accident in which you were the driver.

HIPAA and Oregon law require hospital staff to notify police when they develop evidence a crime may have been committed. If you’re brought to the hospital after driving, and your hospital blood draw is above .08% BAC, expect a police officer to arrive in the emergency room to charge you with a crime.

In State v. Miller, 284 Or App 818 (2017), the Court of Appeals explained: “ORS 676.260(1) imposes a mandatory reporting duty on health care facilities under certain circumstances. A health care facility ‘shall notify’ a law enforcement officer present at the facility investigating a motor vehicle accident if, immediately after the accident, the facility treats ‘a person reasonably believed to be the operator of a motor vehicle involved in the accident’ and, in the course of treatment, tests the person’s blood and discovers that the person’s blood alcohol level exceeds.08 percent or that the blood contains a controlled substance.” The court held that you have no protected privacy interest in your above .08% BAC from the hospital lab.

This can be confusing as a matter of forensic science, as hospitals are not testing blood for use in court. They are testing blood to get a ballpark idea of what substances are on-board, so they can make good palliative and treatment decisions. The hospital lab will generally test serum, rather than whole blood. It will always be about 20% higher than a true forensic blood draw.

If you find yourself arrested or cited at the hospital after a car wreck, be sure to get a DUII attorney quickly. Important time limitations apply, and your attorney can help you fight any proposed Implied Consent license suspension related to chemical tests.

Should I Start Alcohol Treatment Early?

If convicted of DUII, or if you enter DUII Diversion, you have a right to “participate in the selection of the treatment program,” and it’s not unusual for people to start alcohol treatment voluntarily before meeting with ADES. It’s admirable to do so, it serves public safety goals, and it demonstrates early recognition of an alcohol problem (a consideration for the court in whether to allow DUII Diversion, ORS 813.220(2)). Although ADES is not required to agree to the provider you’ve selected, they should — in order to honor your rights listed below.

309-019-0115
Individual Rights

(1) In addition to all applicable statutory and constitutional rights, every individual receiving services has the right to:
(a) Choose from available services and supports, those that are consistent with the Service Plan, culturally competent, provided in the most integrated setting in the community and under conditions that are least restrictive to the individual’s liberty, that are least intrusive to the individual and that provide for the greatest degree of independence;
(b) Be treated with dignity and respect;
(c) Participate in the development of a written Service Plan, receive services consistent with that plan and participate in periodic review and reassessment of service and support needs, assist in the development of the plan, and to receive a copy of the written Service Plan;
(d) Have all services explained, including expected outcomes and possible risks;
(e) Confidentiality, and the right to consent to disclosure in accordance with ORS 107.154, 179.505, 179.507, 192.515, 192.507, 42 CFR Part 2 and 45 CFR Part 205.50.
(f) Give informed consent in writing prior to the start of services, except in a medical emergency or as otherwise permitted by law. Minor children may give informed consent to services in the following circumstances:
(A) Under age 18 and lawfully married;
(B) Age 16 or older and legally emancipated by the court; or
(C) Age 14 or older for outpatient services only. For purposes of informed consent, outpatient service does not include service provided in residential programs or in day or partial hospitalization programs;
(g) Inspect their Service Record in accordance with ORS 179.505;
(h) Refuse participation in experimentation;
(i) Receive medication specific to the individual’s diagnosed clinical needs;
(j) Receive prior notice of transfer, unless the circumstances necessitating transfer pose a threat to health and safety;
(k) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation;
(l) Have religious freedom;
(m) Be free from seclusion and restraint;
(n) Be informed at the start of services, and periodically thereafter, of the rights guaranteed by this rule;
(o) Be informed of the policies and procedures, service agreements and fees applicable to the services provided, and to have a custodial parent, guardian, or representative, assist with understanding any information presented;
(p) Have family and guardian involvement in service planning and delivery;
(q) Make a declaration for mental health treatment, when legally an adult;
(r) File grievances, including appealing decisions resulting from the grievance;
(s) Exercise all rights set forth in ORS 109.610 through 109.697 if the individual is a child, as defined by these rules;
(t) Exercise all rights set forth in ORS 426.385 if the individual is committed to the Authority; and
(u) Exercise all rights described in this rule without any form of reprisal or punishment.
(2) Notification of Rights: The provider must give to the individual and, if appropriate, the guardian, a document that describes the applicable individual’s rights as follows:
(a) Information given to the individual must be in written form or, upon request, in an alternative format or language appropriate to the individual’s need;
(b) The rights, and how to exercise them, must be explained to the individual, and if appropriate, to her or his guardian; and
(c) Individual rights must be posted in writing in a common area.
Stat. Auth.: ORS 161.390, 413.042, 430.256, 426.490 – 426.500, 428.205 – 428.270, 430.640 & 443.450
Stats. Implemented: ORS 109.675, 161.390 – 161.400, 179.505, 413.520 – 413.522, 426.380- 426.395, 426.490 – 426.500, 430.010, 430.205 – 430.210, 430.240 – 430.640, 430.850 – 430.955, 443.400 – 443.460, 443.991, 461.549, 743A.168, 813.010 – 813.052 & 813.200 – 813.270
Hist.: MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14; MHS 4-2014, f. & cert. ef. 2-3-14

Personnel
415-054-0420
Screening and Referral

(1) Each individual shall be assured the same civil and human rights as other persons. The ADES shall provide services in a manner that protects individual privacy and dignity.
(2) The ADES must provide the rights to the individual in written form or in a requested primary language or other alternative format, explain the rights and respond to the individual’s related questions.
(3) The ADES must place in the individual record the individual’s signed acknowledgement that the individual received these rights.
(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;

(b) Have the role of the court, treatment program and ADES monitoring process explained where the DUII system is concerned;
(c) Confidentiality and the right to consent to disclosure in accordance with 42 CFR Part 2.
(d) Give informed consent in writing prior to the start of services, except as otherwise permitted by law;
(e) Pursuant to ORS 179.505, inspect all parts of their individual record which originated from the ADES within five working days of the request. The individual must obtain copies of documents which originated from other sources from the original source. The individual may be responsible for the cost of duplication.
(f) Receive prior notice of service conclusion or transfer, unless the circumstances necessitating service conclusion or transfer pose a threat to health and safety;
(g) Be free from harassment, abuse or neglect and to report any incident of harassment, abuse or neglect without being subject to retaliation;
(h) Have religious freedom;
(i) Be informed of the policies and procedures, service agreements and fees applicable to the services provided;
(j) Have a custodial parent, guardian or representative assist with understanding any information presented;
(k) Receive a copy of the ADES’s or demonstration project’s grievance process which shall include the Division and Disability Rights of Oregon telephone numbers. The individual shall:
(A) File a written grievance without any form of reprisal;
(B) Receive a written response to the grievance within 30 days and
(C) File an appeal with the Division if dissatisfied with the ADES’s response.
(l) Exercise all rights described in this rule without any form of reprisal or punishment
Stat. Auth.: ORS 409.410, 413.042
Stats. Implemented: ORS 409.410, 109.675, 179.505, 430.010, 430.205 – 430.210, 430.240 – 430.640, 430.850 – 430.955, 461.549, 743A.168, 813.010 – 813.055 & 813.200 – 813.270
Hist.: ADS 4-2010(Temp), f. & cert. ef. 9-20-10 thru 3-9-11; ADS 2-2011. f. 3-8-11, cert. ef. 3-9-11

Oregon ADES Contact Information

Oregon law requires people convicted of DUII or those who enter DUII Diversion to participate in a “screening interview and treatment program,” ORS 813.020(1)(b). The screening interview will be administered by your county’s “ADES” organization, an acronym that stands for “Alcohol and Drug Evaluation Services.” The problem: some ADES organizations do little to make their contact information available online, some only accept submissions by fax, and one accepts nothing by fax or email — choosing to work only by snail-mail and voice mail. ADES contact information for some counties is listed below. It’s always a good idea to double-check on ADES contact information with ADES personnel, as the offices seem to frequently move or change hands.

Multnomah County ADES
506 SW 6th Avenue, Suite 611
Portland, Oregon 97204
Phone 503-719-5741
Fax 503-719-5742
Email adesptld@comcast.net

Washington County ADES
150 NE 3rd Avenue, Suite B
Hillsboro, Oregon 97124
Phone 503-648-3800

Clackamas County PADES (Pioneer Alcohol and Drug Evaluation Services)
511 Main Street, Suite 203
Oregon City, Oregon 97045
Phone 503-722-5250
Fax 503-722-5254
Email casemanagerpades@aol.com

Hood River County ADES
Julio C. Viamonte, ADES
Hood River County Courthouse
309 State Street, Room 106
Hood River, OR 97031
Phone 541-386-1718
MAILING ADDRESS: PO Box 13
Hood River, OR 97031

Benton County ADES
George Baskerville, ADES
ACME Counseling
129 NW 4th, Suite 100
Corvallis, OR 97330
Phone 541-520-3115
Email georgeb430@gmail.com
Across from Courthouse in Courthouse Plaza

Clatsop County ADES
Coastal Screenings & Court Monitoring
1000 S Holladay Drive, Suite C
Seaside, OR 97138
Phone 503-739-2788
Email khansen52@msn.com
MAILING ADDRESS:
PO Box 901
Seaside, OR 97138

Tillamook County ADES
Pacific NW Sentencing Alternatives
Michel Meiffren
Pier 39, 100 39th St, Ste 22-C
Astoria, OR 97103
Phone 503-791-7405
Fax 503-325-8782
Email mmeiffren@gmail.com

Deschutes County ADES
Central Oregon Evaluation Services
1045 NW Bond Street, Suite 207
Bend, Oregon 97703
Phone 541-550-7780
Fax 541-550-7885
Mailing address:
PO Box 304
Bend, Oregon 97709

Oregon DMV Hearing FAQs

QUESTION: Do I have to go to my Oregon DMV Hearing?

ANSWER: If you have a lawyer there, no, you do not have to attend your Implied Consent hearing. However, I find it almost always helps to have you there. That’s true because most of my clients have their memory jogged by something the officer says, and sometimes it results in us winning the hearing. Also, it’s your first chance to see your lawyer fight for you — and get a gauge on how they fight. After the hearing, I always like to have a 10-15 minute recap with my client to get their impressions and talk about strategy on the criminal case.

QUESTION: Will they ask me any questions at the DMV Hearing?

ANSWER: No. You’re not a source of evidence, because in the related criminal case you have a right to silence. The Administrative Law Judge (ALJ) may confirm your mailing address with you at the start of the hearing. After the officer testifies, you have the right to testify if you wish. In 99% of my DMV Hearings, my client does not testify. There’s rarely any benefit to it in this type of hearing.

QUESTION: Who is the Judge?

ANSWER: Your case will be adjudicated by an Administrative Law Judge (ALJ) from the Oregon Office of Administrative Hearings (OAH). The ALJ will not be in a robe and is not an elected judge. They will be dressed in business casual attire or thereabouts. ALJs are lawyers who simply applied for a state job. Sometimes they are experienced, and sometimes not. They’re generally nice people trying to make the right decision.

QUESTION: How should I dress?

ANSWER: DMV Hearings are meant to be informal administrative hearings. They are not lawsuits, and they are not in court. There is no need to wear a suit and tie or formal attire. On the other hand, you should look like you’re taking this matter seriously. Business casual tends to work best.

QUESTION: Can I drive to the hearing, or will the judge take my license away if we lose — right there?

ANSWER: If you had a valid license at the time of your arrest, you are still able to drive to and from the hearing. That’s true because, on the night of your arrest, the police officer did not issue you a suspension. They issued you a notice of proposed suspension, slated to start on the 30th day after the date of your arrest.

QUESTION: Where will we meet at the hearing?

ANSWER: These hearings are almost always held in some nondescript office building. We’ll meet inside the hearing room or lobby (depending on the office layout), 15 minutes early.

QUESTION:  Should I chit-chat with the officer while waiting for the hearing? Should I pace in the lobby?

ANSWER: No. The officer is trained to listen to how you talk, and watch how you walk, so he can testify, “It’s much different than on the night in question.” Don’t give him that opportunity. Get a magazine from the rack, get seated, stay seated.

QUESTION: What’s the point of this DMV hearing?

ANSWER: We’re looking for any reason for the proposed suspension to not be imposed. We’re also investigating the case by questioning the state’s star witness. We use that information to make smart decisions about how to handle the criminal case.

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. There is not usually any court date at the end of the year. Instead, the DUII Diversion contract simply ends by its own terms, like a 1-year lease, and the court then waits for your lawyer to file a motion to dismiss. “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.

On the day you enter DUII Diversion, the court may order that you be “booked and released,” pursuant to this statute: “ORS 813.245 Booking. When a court grants a petition for a driving while under the influence of intoxicants diversion agreement, a court shall ensure that the defendant submits to booking, if the defendant has not already been booked on the charge of driving while under the influence of intoxicants in violation of ORS 813.010.” Although “book and release” sounds like a 5 minute process, depending on jail considerations it seems to take between 20 minutes to 2 hours.

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 Company 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 policy. It is pretty cheap to increase coverage — and much easier than sitting in a debtor’s prison for failure to pay restitution.

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 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

SR-22 & IID after DUII Conviction — Oregon License Reinstatement

For Oregon license reinstatement after a DUII conviction, you must first wait out the suspension period, and then:

(a) file a SR-22 insurance certificate with DMV for 3 years, ORS 806.075; and

(b) install an Ignition Interlock Device (IID) for 1 year for a first conviction; 2 years for second, ORS 813.602(1); 5 years for third or subsequent, ORS 813.602(2). Continue reading

Lifetime License Revocation — Petition for Reinstatement after 10 years

January 1, 2004, marked the beginning of Oregon’s experiment with “lifetime license revocation” for a third DUII conviction. Some people are mistakenly told that it’s a “10-year suspension.” It’s not, it’s a lifetime revocation — with a possibility of petitioning for your license back after 10 years. January 1, 2014, is long past — meaning we’ve now helped a fair amount of folks get their driver license back! Continue reading