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DUII General Information
The Florence Police Department supplies this information for the general public at large to provide specific information on what is involved in enforcing the driving under the influence of intoxicants law along with the potential consequences for violation of Oregon's "drinking and driving" laws. This information is not meant or intended to be legal advice for anyone. The intent in providing this information is to make the community aware of what adverse consequences await people who decide to drink and drive in violation of the law. For actual legal advice on specific circumstances, person should consult with their attorney.
What are the elements of Driving Under the Influence of Intoxicants?
It is a violation for a person to drive a vehicle when:
a. The person has BA level of 0.08%, OR
b. The person is under the influence of intoxicating liquor, a controlled substance, or an inhalant.
This means you operate a vehicle and either have the BA of 0.08% level or greater in your system, or you have your mental of physical abilities adversely affected or impaired, due to being under the influence of any drugs, alcohol, or inhalants, regardless of the BA level in your system.
What is required "cause" for traffic stops in regard to DUII enforcement?
All that is required for a peace officer is a reasonable rational suspicion to believe a crime will occur, is occurring, or has occurred, and the person to be stopped will commit, is committing, or committed the offense.
A peace officer may stop and detain any person for any violation of law, no matter how minor and no matter how trivial a violation may appear to someone, i.e. an inoperative license plate lamp, registration tabs misplaced on a license plate, etc., the stop is still valid. The amount of time of the stop is dependant upon the scope of the stop. If the officer detects any objective symptoms of intoxication or drug influence or other reason to believe the person is under the influence, the officer will investigate further.
What are other legal limits for Blood Alcohol levels?
Under the law anyone driving with a BA level of .08% is in violation. It is important to note that for a criminal conviction, a person must have either a BA level of 0.08% or a person must have their mental or physical abilities adversely affected or impaired, due to being under the influence of any drugs, alcohol, or inhalants.
In terms of what other legal limits for Blood Alcohol levels will result in suspension for the privilege to drive there are two other situations. The first is for a person stopped who was driving a commercial vehicle the BA level of .04% is in violation that will result in a suspension of a driver license. Additionally if the person was under the age of 21, any amount of alcohol in the system is in violation and the person's license will be suspended. The term of suspension may be dependant upon various factors.
What are the criminal repercussions for DUII?
The court must provide at least four penalty actions to an offender. First the offender must serve 2 days in jail or perform 80 hours of community service. If an offender fails to surrender at jail or complete the required community service, then that becomes another criminal act in itself and subjects the offender to have to reappear in court.
The next action is the offender is fined a minimum of $1000. If an offender fails to pay the fine, then that becomes another criminal act in itself and subjects the offender to reappear in court.
The next action involves the mandatory evaluation to determine if treatment is appropriate for the offender. If this evaluation determines this is appropriate, then there is a completion of an alcohol treatment program that is mandated at the expense of the offender. Again, if the offender does not complete or attend their required alcohol treatment program, then the offender is committing another criminal act and is subject to being required to appear back in court.
The last adverse action an offender should expect from the court is a one-year driver's license suspension. This action should not be confused with any action from Oregon DMV in regard to an implied consent suspension.
There is one adverse non-criminal repercussion, not from the court, but very long lasting. This action is the resulting increase in insurance premiums required by insurance companies for an offender to operate a vehicle. These increases will last for several years which make it the type of gift that is a constant reminder of the cost of driving drunk.
Is there a diversion program available and who is eligible?
Yes, there is, but with conditions. Many people use court ordered diversion as a method to avoid the stigma of a DUII conviction and the penalties involved. To be eligible, the offender must not have been convicted of a DUII or have been through the diversion program in the past 10 years. Additionally if the person arrested for DUII involved an accident in which anyone other than the violator was injured, then they would be disqualified. Finally if the operator possesses a commercial driver's license, they are ineligible, regardless if they were operating a commercial vehicle at the time of their arrest.
What are repeat offender repercussions?
On the third or subsequent DUII conviction, Oregon DMV will permanently revoke the driver's license of the offender. It makes no difference in the time span between convictions, it is imposed. In Oregon the fourth DUII conviction within a 10 year period is a Class C Felony which could subject the offender to possibly incarceration in the state prison system.
In terms of fines, the second offense will result in a minimum fine of $500.00 and the third or other subsequent offenses will result in a minimum fine of $2000.00. To be clear on just how serious the legislature is on the threat to public safety that drunk drivers percent, a maximum fine of $10,000 may be levied on even the first offense if a child under the age of 18 years and at least 3 years younger than the driver in the car.
What is the Florence Police Department's posture in regard to DUII enforcement?
The Florence Police Department aggressively seeks out impaired drivers due to drugs and alcohol because of the direct and imminent threat to the safety of the citizenry they represent. A person who chooses to drink and drive in violation of the law can reasonably expect to be introduced first hand to the criminal justice system and to the Florence Municipal Jail Facility.
