The Oregon legislature has passed a bill that will toughen the state’s drunk driving (DUII) laws, requiring a breathalyzer (ignition interlock) device to be installed in the vehicle of every convicted DUII offender.

HB 3075 which passed both the Senate and the House unanimously, and goes to Governor Kitzhaber for signature.

Under existing law, a first offense DUII commonly results in a DUII diversion program. The diversion program allows participants to attend alcohol education and addiction programs, and if successfully completed, would be afforded a chance to have the DUII charge dismissed.

According to OregonLive.com, Oregon’s MADD representatives suggest that this is a major loophole, and that this law is so lax that program attendees routinely show up drunk at their education and treatment program sessions. But one would presume this clearly invalidates the terms of their diversion program, and results in more significant penalties, including driver’s license suspension.

On the other hand, representatives from restaurant trade groups note that data from the National Highway Traffic Safety Administration indicates that the average BAC level for a fatal DUI incident is .19, and 70% of fatal incidents are from a .15% BAC or higher, nearly twice the legal limit of .08% BAC. And yet we are talking about punishing first time offenders barely over the limit with a costly and potentially job destroying requirement.

Though first time offender interlock requirements are a growing trend nationwide, most other states have interlock requirements only for either multiple convicted drunk driving offenders, or so-called “high BAC” offenders, who registered blood alcohol levels of .15% or higher at the time of arrest. These offenders are considered the most dangerous, and the most likely to re-offend, likely due to severe alcohol addition problems.

Despite the beverage industry call for the Governor to veto this bill, there has been no suggestion that he is not inclined to go along with the clear will of the legislature.

We will follow the passage, implementation, and results of this bill as it likely becomes law.

A new bill before the Oregon legislature would require an ignition interlock device be installed in the car of anyone arrested for a 1st offense drunk driving charge (DUII), even before they are convicted.According to KEZI, the bill before the Oregon house would punish those who are able to avoid conviction by entering a DUII diversion program. The diversion program typically involved an alcohol education program, a victims impact program, and probation. If the program is successfully completed, the charge is dismissed as a diversion instead of a criminal conviction. Although, if a second DUII offense is ever charged, it will still count the diversion as a prior conviction.

An ignition interlock device is a rolling breath test machine installed in the car, which requires a clean (alcohol free) breath sample for the ignition to start. The problem with requiring an IID for any 1st offense DUII is that it unfairly punishes people based on what could easily be a one time, marginal incident, and it doesn’t truly target serious alcoholics and chronic drunk drivers.

Not to mention that the punishment kicks in before any proclamation of guilt. This is true in virtually all drunk driving cases, where at a minimum, a person’s driver’s license is immediately suspended before any hearing takes place. Innocent until proven guilty doesn’t apply, in what Lawrence Taylor calls “the DUI exception to the Constitution.”

There are alternative ignition interlock bills that could also be passed, so the details remain hard to pin down on exactly how this may play out.

Oregon ballot initiative Measure 73, which passed in November, goes into effect on Dec 2.  It will result in significantly increased penalties for 3rd offense DUII (drunk driving) charges as well as repeat sex offenders.Third offense DUII charges will result in a mandatory minimum sentence of 90 days in jail if convicted, and will be classified as a Class C Felony charge if both prior convictions happened within the previous 10 years. Before this law, the minimum penalty was 2-15 days in jail as for a second offense.

The second part of Measure 73 concerns mandatory minimums for felony sex offenses. If you have a previous felony sex offense, you will face a minimum of 25 years in prison. Felony sex offenses include rape, and child pornography.

Prior to this initiative, the minimum for a second sex offense was 70 months, or under 6 years.

There is some controversy as to whether this statute could cover acts known as “sexting”, specifically among teens. The laws against child pornography, in statute terms described as “using child in sexually explicit display”, could very possibly include teens sending consensual pictures of themselves. The Oregon Daily Emerald cited this reason as one to oppose the measure, although the measures backers dismiss this claim.

How this law is actually interpreted by judges will be clarified as soon as these sentences are issued.

Oregon voters will potentially be making some law changes this fall. As the Statesman Journal reports, several initiatives have qualified for the ballot, leaving voters in charge of some critical changes to DUI law and medical marijuana issues. Over 80,000 signatures were received by the Secretary of State Kate Brown, qualifying these issues for the ballot.

First up is a change to existing sex crime laws. Voters have the opportunity to create a mandatory minimum sentence of 25 years for a series of 4 sex crimes. This mandatory minimum would seek to penalize repeat sex offenders by requiring they serve at least 25 years on the 4^th conviction.

photo credit: James Durkee

Another ballot issue would allow the Department of Human Services to come up with a licensing process for marijuana dispensaries. Currently, though medical marijuana laws allow people to have and grow marijuana with a prescription, it does not allow for the sale of the substance. This would make it easier for registered patients to obtain their medicine.

Finally, at issue is a DUI initiative. This measure, if passed, would require a mandatory jail sentence for a 3^rd DUI conviction. It would make this 3^rd offense a Class C felony with a 90 day jail term. Under current law, there is no such mandatory sentence.

However, under current law, felony DUII, 3^rd offense, does carry some serious potential penalties. This slight change would only serve to strengthen the already tough DUI laws. Under current law you can permanently lose your license for a 3^rd offense.

Criminal laws are changing all the time. We often don’t hear much about the changes because voters rarely have a say. Instead, state lawmakers are typically the ones making changes.

Keeping track of what laws are on the books and which have changed can be tricky. Furthermore, reading these laws and making sense of them can be difficult for those people who aren’t educated in the law. This is just one of the many reasons having an experienced defense attorney can really make a difference in your case and your level of confidence when it’s time to face charges.

If you’re facing charges of DUI or any other criminal offense contact our offices for a free consultation on your case and an in depth explanation of the charges against you.

Do the police have a right to draw blood from a person they suspect of DUI? Or does that person have a right to refuse that kind of search without fear of legal ramifications? These are the kind of questions that were asked earlier this week by attorneys in front of the state’s Supreme Court.

Like most other states in the country, Oregon has “implied consent” laws. When you are a licensed driver it is “implied” that you “consent” to any blood alcohol tests, whether blood or breath, which may be performed by legal officials. Under this “implied consent”, if you refuse the tests, you can potentially lose your license.

Attorney John Kroger argued the position that no search warrant should be necessary for blood draws and the law should remain as-is. On the other hand, Peter Gartlan, head of the Office of Public Defense Services, defends the position that a search warrant should be required to ensure the rights of the people are protected, as the Constitution states they should be.

Gartlan argues an implied consent blood draw is an unreasonable search. Truthfully, if probable cause exists for the search, why shouldn’t the police be able to obtain a warrant? Kroger pointed out that the time it would take to obtain a warrant could hinder the state’s ability to get positive blood tests, simply due to the fact that blood alcohol content decreases with time.

As Justice Michael Gillete states in this article from The Statesman Journal, “Our Constitution often puts government at a significant disadvantage. That’s what it’s there for.”

His statement couldn’t be more on target. The Constitution is there to protect our rights. This can be inconvenient for people who represent the interests of the government, but necessary to maintain a fair system rather than a police-state.

If you are facing charges of DUI or any other criminal matter, the right defense attorney will be there to ensure your Constitutional rights are protected. Contact me to discuss your case today.

Law enforcement agencies in Coos County came together to create a new DUI task force, the first of its kind and one that they hope other counties will seek to duplicate.

Typically, law enforcement agencies are independent, working together on a case by case basis as needed. Each agency applies for grants from the government to create and fund programs. With the South Coast DUI Task Force, agencies in the county united to request the grant together, making an inter-agency organization with a very targeted goal.

According to The World, the money awarded with this grant will go to pay for education, equipment, and overtime. The union of agencies plans on expanding their saturation points as well, cracking down on DUIs over weekends and holidays. They also hope to get cooperation from bars and cab companies.

The Task Force reportedly held 5 saturation points between Memorial Day and Labor Day. A saturation point, also often called a “DUI checkpoint” is where police randomly stop vehicles on a given roadway, checking for signs of intoxication.

If stopped at a DUI checkpoint in Oregon and suspected of drinking and driving you may be given a field sobriety test or a breath test to determine if you are incapable of operating a vehicle or over the legal limit, .08%.

Being arrested for suspicion of DUI can be incredibly nerve wracking. You may have to spend the night in jail and if you’ve never been exposed to the County jail it can be a sobering reality check.

A first time DUII conviction can result in a potential sentence of up to 1 year in jail. However, depending on your situation, you may qualify for a diversion program. Diversion is, in essence, a term of probation served before a conviction.

If successfully completed, a diversion can get the DUII charge dismissed altogether.

Time is of the essence if you are arrested on a DUI charge and interested in serving diversion. You must ask the court for diversion within 30 days of the appearance date on your ticket.

If you are facing DUII charges in Oregon, whether it is your first or second time, I can help. Contact me today to discuss the details of your case.

30 months in prison is the most you can be sentenced to for a DUI conviction in the state of Oregon. This lengthy prison term applies in cases where there is a history of DUI convictions. Twenty six year old Rafael Diaz-Quintana is the unfortunate recipient of this serious sentence.

Sentenced just last week for his 7^th DUII conviction in our state, Diaz-Quintana also has an ICE hold on him. This means he is in the country illegally and will be deported after his sentence. The fact that he has been convicted so many time leads me to believe he has also been deported more than once.

This latest incident occurred when he was pulled over on the 4^th of July. Diaz-Quintana failed sobriety tests and misidentified himself to the police. He was found to have a blood alcohol content over twice the legal limit.

The maximum sentence is rarely used by Oregon judges, even in very serious case. This lengthy prison term is reserved for those people who the judge does not think can benefit from any rehabilitation programming.

According to the Associated Press, Deschutes County Judge Stephen Tiktin stated about Diaz-Quintana, “He is not amenable to treatment and he is not amenable to following the law, whether it is federal or state law.”

This is an example of an extreme case. There are many programs and alternatives built into Oregon law for DUI offenders, to help them handle their alcohol problems and limit the amount of time they spend in jail.

As a first time DUII offender, you are actually allowed to complete a period known as “diversion”. Diversion refers to a probationary period where you may have to fulfill obligations like counseling, treatment, community service, or license suspension. If successfully completed, the DUII charge will be dismissed.

If you are facing DUII charges in Oregon, contact me to learn about the possibilities you have. Together we can work to ensure you get the best possible results on your day in court.

An accident over this past weekend was caused, apparently, by a drunk driver. Estacada resident, 21 year old Christopher P. Mixon is being held on charges of DUII (Driving Under the Influence of Intoxicants) and 2^nd degree manslaughter for his role.

Saturday evening around 6:30 pm Mixon was driving his 4Runner when he turned into the path of a motorcycle carrying White Salmon Washington resident Van Kellems III. Thirty-four year old Kellems was taken by LifeFlight to Portland’s Legacy Emanuel where he was pronounced dead.

Mixon is now being held in the Clackamas County jail, according to this report from KATU.

Although incidences of driving while intoxicated rarely end in a fatal accident, they often end in arrest. This tragic accident show how quickly a life can be taken. Now, Mixon faces the possibility that he could lose a good portion of his own life behind bars for his alleged acts.

Accidents like this are the reason that Oregon Courts are so hard on DUI offenders. They treat each DUI case very seriously in the hopes of not only preventing future DUIs but also to serve as an example to the public that the state is concerned about safety on the roadways.

A first time DUII charge is considered a misdemeanor but is the highest level misdemeanor under Oregon law. Although it rarely happens, you can be sentenced to up to a full year in jail for a Class A misdemeanor like this.

With each DUII you have on your record, the penalty is multiplied. When you have multiple DUI’s the court is more likely to impose the maximum sentence as well as a lengthy period of license suspension.

If this is your first DUII you may qualify for a diversion program that seeks to keep the conviction off of your permanent record. Call me today to discuss more about diversion and to see if you might be eligible.