Editor’s note: This commentary is part of the Emerald’s and ASUO Legal Services’ ongoing efforts to assist students through education as well as representation. ASUO Legal Services’ attorneys are licensed to practice in the state of Oregon. Information disseminated in this article does not constitute legal advice, and does not create an attorney/client relationship. For legal advice, contact an attorney licensed in your state. You should not make legal hiring decisions based upon brochures, advertising or other promotional materials.
Although it is against better judgment, it’s not against the law to drink and drive in Oregon unless:
(1) You have blood alcohol of .08 percent or higher, or
(2) You are noticeably impaired by alcohol or a controlled substance, regardless of your blood alcohol level.
“Noticeably impaired by alcohol” means you exhibit signs such as slurred speech, fumbling for your driver’s license or loss of balance. Police will typically test a suspect’s eyes in a manner which they claim can prove noticeable impairment, even if you seem otherwise fine.
Police will stop your car if they reasonably suspect that you are driving under the influence of intoxicants (DUII). Common signs of DUII to police are weaving, forgetting to use headlights and driving too fast or too slow. Once stopped, officers will ask for your license and ask you whether you have been drinking. If they smell alcohol, observe bloodshot, red or watery eyes, or receive an admission that you have been drinking or consuming a controlled substance, they will ask you to exit your car to do field sobriety tests (FSTs).
Oregon courts have determined that FSTs are consensual, meaning that drivers may decline to perform them. This includes the right to decline the officer’s request to look into your eyes with a flashlight while you follow the movement of his finger or a stylus. If a driver does perform the tests, the driver must listen carefully to the officer and do exactly as told or risk a failing score. If performance of FSTs is declined, the officer will decide whether he has probable cause to make an arrest for DUII. If you are arrested, you will be handcuffed and taken to the station. At the station, you will be asked to blow into a machine to determine your blood alcohol count. If you refuse to blow, you will lose your license for one year. After January 1, 2004, refusal to blow will result in a fine of $500 to $1,000, in addition to the one year license suspension. You can still be charged with DUII when you blow less than .08 percent if the officer believes you were noticeably impaired.
The first time you are charged with a DUII, you may be eligible for a Diversion program. You will be advised of your eligibility when you appear in court, and you will have 30 days from that date within which to accept the Diversion program. Diversion requires you to pay court costs and participate in drug/alcohol evaluation and treatment. Court costs and treatment can run as high as $2,500. The diversion period lasts one year, during which you must commit no new offenses.
Penalties for DUIIs increase with each successive charge. In addition to mandatory jail time, the minimum fines are $1,000 for a first conviction, $1,500 for the second and $2,000 for the third and subsequent conviction, unless you are sent to prison. A fourth DUII conviction becomes a felony if it is within ten years of the other convictions. Penalties are not just issued by the court. For example, a DUII conviction can keep you from getting certain jobs and will cause your car insurance to increase dramatically.
Bicycling under the influence is also a crime and subject to diversion programs, fines, incarceration and treatment requirements. A better alternative is to ride the LTD bus, which is free with your student ID.