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The Oregon DUII Guide © 2005 – 2012 David N Lesh, Attorney at Law 503.546.2928

The Oregon DUII Guide


I just got arrested / cited for an Oregon DUII charge. What happens now? ISSUE ONE: Your Implied Consent Suspension: The most pressing

matter may be requesting an appeal / hearing of your implied consent license suspension. Your license was most likely suspended for anywhere from 90 days to 3 years for failing a breath test or refusing a breath, blood, or urine test. [If you were admitted to the hospital and took and failed a blood test, you may be notified about an implied consent suspension later through the mail.] The implied consent license suspension typically begins on the 30th day following your arrest. If you would like to challenge this suspension, the DMV Hearings Case Management Unit must receive your request for a hearing no later than 5:00 p.m. on the 10th day following your arrest. If you represent yourself on this issue, make sure that you fax the hearing request or request a hearing online; do not mail your request as it may arrive late. If you would like an in-person hearing be sure to mention that in your hearing request. Otherwise, your hearing may be conducted by telephone.

The Oregon DUII Guide


Be sure to read the fine print on the back of your temporary driving permit especially the paragraph labeled Hearing Requests:

Contact an experienced Oregon DUII lawyer for additional information. Keep in mind that filing an appeal of this administrative license suspension does not mean that the suspension will be overturned. Rather, it means that you have a chance to overturn this suspension. The reasons suspensions are most often overturned are: failure of police officers to appear at the hearing; incomplete / inaccurate paperwork; and failure of law enforcement to turn in paperwork to the DMV (or turning in documents late). If you do not hire a lawyer to contest your implied consent suspension, you should request and attend the hearing yourself. In fact, only a small percentage of persons facing an implied consent suspension request a hearing. Remember, the Hearings Office must receive the written request to contest your implied consent suspension within 10 days of the date of your DUII arrest.

The Oregon DUII Guide


ISSUE TWO: Your Criminal Charge(s): You were also likely given a

citation (ticket) or a release agreement ordering you to appear in court for the crime of driving under the influence of intoxicants "DUII" (and perhaps other charges such as reckless driving). Under Oregon law, a person commits the offense of driving while under the influence of intoxicants (DUII) if the person drives a vehicle while the person: • • •

Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person; OR Is under the influence of intoxicating liquor, a controlled substance or an inhalant; OR Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.

You must attend your court appearance or a bench warrant will be issued for your arrest. In certain Oregon counties, if you hire an Oregon DUI attorney before your initial court appearance (arraignment), you may be able to absent yourself from this first appearance.

The Oregon DUII Guide


Important: These two issues are completely separate and have no effect on one another. Visualize two separate boxes that do not overlap: Issue One

Issue Two

‣ Implied Consent Suspension for failing or refusing a DUI breath / blood test. ‣ You have the option of contesting this suspension by requesting an appeal in writing within 10 days of your arrest. ‣ Whether you win or lose on your appeal of this issue (or do not appeal at all), it will not affect your DUII charge (though you may gain information in your hearing that could help in defending the DUII charge).

‣ Criminal charge / citation for Driving Under the Influence of Intoxicants (and any other offenses). ‣ You must personally appear in court or a warrant will be issued for your arrest for failure to appear. ‣ If you enter the diversion program, plead guilty to the charge, or win or lose at trial, it will not affect (lessen or overturn) your implied consent suspension for failing or refusing the breath / blood test.

The Oregon DUII Guide


Will my Oregon driver license be suspended? RELATED TO ISSUE ONE ABOVE: Your Oregon driver license (or your

right to drive in Oregon if you do not have a valid Oregon license) may be suspended for failing--BAC .08% or greater (lower for CDL drivers and minors (persons under 21 years of age))--a breath or blood test or for refusing a breath, blood, or urine test. The length of your suspension depends on whether you failed or refused a test and whether you have a prior DUII event in the past five years. Refer to the table below:

Breath / Blood Test Refusal

1 year

HARDSHIP WAIT 90 days

Breath / Blood Test Refusal - Increased₁ Breath / Blood Test Failure

3 years

3 years

90 days

30 days

1 year

1 year

1 year

180 days

CHEMICAL TEST FAILURE OR REFUSAL

Breath / Blood Test Failure - Increased₁ Urine Test Refusal (consecutive suspension)

LENGTH

Urine Test Refusal - Increased₁ (consecutive 3 years 2 years suspension) Note 1: Suspension lengths are increased if any of the following has occurred within the past five years prior to the current DUII arrest: a DUII conviction; participation in a DUII diversion; or a suspension under implied consent law.

The Oregon DUII Guide


If you act quickly (typically within 10 days of your arrest), you can request an appeal of the proposed suspension for failing or refusing the test. A hearing (commonly known as a "DMV hearing") will then be scheduled on your appeal request. Contact an Oregon DUI attorney for more information. If you had a valid Oregon driver license at the time of your breath test failure / refusal, you should have received a temporary permit that allows you to drive for the 29 days following your arrest. On the 30th day after your arrest, the suspension begins (unless your appeal is successful). The DMV will not issue a driver license to a person whose driving record indicates a pending Implied Consent Law.

The Oregon DUII Guide


RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUII charge, your license will be suspended or revoked typically for one year (suspension), three years (suspension), or life (revocation). [Defendants who enter and successfully complete the diversion program are not convicted of DUII and do not face this additional suspension.] Refer to the table below for suspension / revocation lengths for DUII convictions: DUII CONVICTION 1st Conviction

MANDATORY

TYPE

LENGTH

HARDSHIP WAIT

Yes

Suspension

1 year

none₁

2nd Conviction Yes Suspension 3 years 90 days₂ DUII w/in 5 years 3rd Conviction or Yes Revocation Permanent₃ Not Eligible Felony DUII Note 1: A judge's signature is required for a hardship permit for a DUII conviction. Note 2: You may not be eligible for a hardship permit on a second conviction within the past five years until you complete a treatment program. This often takes 180 days or more. Note 3: A driver permanently revoked may petition the court for reinstatement after 10 years.

The Oregon DUII Guide


To get your license reinstated following a first DUII conviction suspension you must install an ignition interlock device for one year; show proof of alcohol / drug treatment completion; file an SR-22 (and keep it on file for three years); and pay a $75 reinstatement fee.

A driver also faces a suspension / revocation if convicted of other traffic crimes such as reckless driving, vehicular assault, or hit and run. [A conviction for an infraction / violation (such as speeding) usually does not result in a license suspension.] Some positive news 窶付o the extent generally run that suspensions overla concurrently and not consecutively (except suspensions for refusing a urine test).

The Oregon DUII Guide


Under certain circumstances, a driver can face a five year revocation of their license as a "habitual offender." This can occur if a driver (1) is convicted of three or more specified traffic crimes within a five year period; or (2) is convicted of a combination of 20 or more specified traffic infractions and / or traffic crimes in a five year period. This habitual offender revocation does not happen in court. Rather, a driver receives notice from the DMV in the mail some time after the DMV receives notice of any conviction(s) from the court. Make sure that your DUII lawyer is made aware of any traffic convictions that you have received in the past five years (especially convictions for traffic crimes). Also keep in mind that your license can be suspended for a variety of other reasons including failure to appear for court, failure to pay fines, failure to pay child support, etc.

The Oregon DUII Guide


What happens if I get caught driving while my license is suspended (DWS)? A driving while suspended (DWS) charge can be either a violation, a misdemeanor, or a felony depending on the underlying reason for the license suspension. [Driving while revoked (DWR) is similar.] Someone who drives while suspended for failing or refusing a breath or blood test or for a misdemeanor DUI conviction commits the crime of misdemeanor driving while suspended. If convicted of misdemeanor DWS, a defendant faces possible jail time, fines, and probation. There is a minimum $1,000 fine for someone caught driving when they are suspended as a result of a DUII conviction. Your car may be towed as well. You will not be kicked out of diversion if you receive a driving while suspended ticket (unless you have alcohol in your system / possession). However, driving while suspended will violate your probation if you are on probation for a DUII conviction. Driving while suspended arrests and convictions quickly get expensive. The court does not suspend your license for an additional length of time if you are convicted of a violation or misdemeanor level driving while suspended (unless you have so many convictions that you become classified as a "habitual offender"). Note: You will face an additional revocation of one year if you are convicted of a felony driving while suspended (FDWS) or felony driving while revoked (FDWR).

The Oregon DUII Guide


I really need to drive. Will I be able to get a hardship / conditional / probationary permit? A hardship permit may be available to you if your license is suspended and you had a valid Oregon Driver License at the time of your suspension. Hardship permits generally are not available for license "revocations" including the lifetime revocation resulting from a third or greater DUII conviction. Hardship permits are also not available to persons with an out of state driver license. Keep in mind that there is often a significant "black out" or waiting period before you can obtain a hardship permit. Refer to the table above. The State of Oregon no longer issues hardship or probationary CDL permits. See ORS 807.240(2). Hardship permits are only available for Class C licenses.

The Oregon DUII Guide


Under Oregon law, the DMV may issue hardship permits only for: • • • • •

Occupational and employment purposes; Occupational training or education that is required by your employer; Transportation to and from an alcohol or drug treatment or rehabilitation program; To look for work (for no more than 120 days); and To obtain medical treatment on a regular basis for the person or a member of the person's immediate family.

A hardship permit will not be issued for more than 12 hours of driving on any one day, except for transportation to and from an alcohol or drug treatment program. A hardship permit issued to look for work will be restricted to 12 hours per day, seven days per week. It will not be issued for a period of more than 120 days at a time. In order to obtain a hardship permit you must, among other things, obtain an SR-22 certificate of liability insurance which will likely have negative implications for your insurance rates or insurability. If you choose to enter the diversion program on your DUI charge, you probably will not have to file an SR-22 to get your license reinstated unless you apply for a hardship permit. However, if you are convicted of DUI you will have to file an SR-22 to reinstate your license anyway.

The Oregon DUII Guide


REQUIREMENTS FOR HARDSHIP / PROBATIONARY PERMIT APPLICATION – NOT ISSUED FOR COMMERCIAL DRIVER LICENSE (CDL) DRIVING PRIVILEGES – The hardship/probationary permit application is processed at DMV Headquarters. DMV field offices are not able to process the application. To ensure timely processing of this application, we recommend that you submit all of the requirements and supporting documentation at the same time by mailing them to the address on the application.

Requirements for ALL Hardship/Probationary Permits: 1) Completed Application Must be an Oregon resident Must be signed and dated 2) Fees Application Fee……………… $ 50 (Non-refundable ORS 807.240(6)) Reinstatement Fee………..… $ 75 TOTAL $ 125 (Check or money order) 3) SR22 Insurance Certificate Have an automobile insurance company, licensed to do business in Oregon, file an Oregon SR-22 certificate with DMV. Note: The SR22 is not the same as a proof of insurance card. The certificate must be filed within 30 days from the (signature) date it is issued. The SR22 certificate must be in effect before DMV will issue a permit. If the SR22 is post-dated, DMV will not issue the permit until the SR22 becomes effective. The filing must be the “original” certificate.

Additional requirement if requesting to drive for employment: Submit the required documentation listed below for the type of driving needed to maintain employment. Note: No more than 12 hours of driving allowed per day.



Driving to work and return from work



Driving on the job

Submit a signed and dated letter from your employer, on company letterhead, verifying the days and work shifts of your employment. (Examples: Monday-Friday, 8am to 5pm -or- Monday, Tuesday 7am to 3pm and Wednesday 3pm to 11pm) Submit a signed and dated letter, on company letterhead, from your employer verifying the days and hours of your employment, the need to drive on the job and the counties you are required to drive in. (Example: Monday-Friday, 6am to 6pm, Marion county)



Driving to seek employment List the days, hours and counties you will drive in to seek employment (counties must connect). (Example: Monday-Friday, 7am to 7pm, Washington, Multnomah, and Clackamas counties)



Driving for self-employment Submit a copy of your current business license (must show your name and business name); a copy of your signed tax statement for the preceding year; or two other documents such as a current customer signed business receipt, advertisement, signed contracts, signed and dated letter from customer, etc.

Additional requirements if you are suspended as a result of a DUII conviction in Oregon: Court Recommendation: You need to have the convicting judge approve your request for driving privileges by signing your hardship/probationary permit application. Ignition Interlock Device (IID): You need to install and maintain an IID in any vehicle you operate for the duration of the hardship permit and for one year after the ending date of the DUII suspension for a first conviction or two years for a second or subsequent DUII conviction. For information on approved IID installers in your area, call DMV Customer Assistance at (503) 945-5000 or visit www.OregonDMV.com. IID Employer Exemption (Only if you are required to drive employer’s vehicle on the job): Your employer will need to complete the Employer Ignition Interlock Device (IID) Exemption (Form 735-6876), requesting you be exempt from the IID requirement for employment purposes while operating vehicles registered to the employer. Note: An IID Employer Exemption is not an option if you are self-employed. Mental Health Recommendation (Only if you are suspended for two or more DUII convictions within a fiveyear period): You need to submit a written recommendation for your permit from an alcohol treatment program approved by the Oregon Addictions and Mental Health Division (AMHD). For information on approved alcohol treatment programs in your area, call AMHD at (503) 945-5964. 735-6044 (7-11)

Additional Information on the back of this page

STK# 300224


Additional requirements if you are applying for a PROBATIONARY PERMIT: If you are revoked as a Habitual Offender (convicted of three or more traffic crimes or 20 or more traffic violations within a five-year period) you must meet the following requirements: Licensing Tests: Successfully complete DMV’s vision, knowledge and drive tests. Driver Improvement Course: Successfully complete a driver improvement course. On-line classes are not accepted. To enroll in a National Traffic Safety Institute (NTSI) Level 1 Class, call 1-800-776-6874. Medical (Diagnostic) Exam: Complete a diagnostic examination conducted by a physician, showing you are physically and mentally competent to drive. A physician must complete and sign the medical statement located on Page 2 on the Hardship/Probationary Permit Application. It is not necessary to send DMV a copy of the actual medical examination. If you are not able to obtain a doctor’s signature on the medical statement, call the Driver Safety Unit at (503) 945-5083 to obtain a Driver Medical Report form for your doctor to complete.

Additional eligibility requirements: If you are suspended for fleeing or attempting to elude, reckless driving or misrepresentation of age, you will need to have the convicting judge approve your request for driving privileges by signing your hardship/probationary permit application (Court Recommendation). If you are suspended for assault in the 2nd, 3rd, or 4th degrees, DMV cannot issue you a hardship permit if within the ten years before applying for the permit, you were convicted of certain crimes, such as reckless driving, DUII, criminal driving while suspended or revoked, etc. This does not apply if the conviction(s) was from the same incident that caused your current suspension. To find out if you are eligible for a hardship/probationary permit, call DMV Customer Assistance at (503) 945-5400.

Other driving privileges allowed: Submit the required documentation and/or information listed below for the type of driving needed. Drug and alcohol treatment: Provide the name of program, meeting days, start and ending times (include AM/ PM), and route to and from the program. (Example: ABC Treatment Center, Tuesday and Thursday, 7pm to 8:30pm, Front Street to First Street to Main Street) Note: The driving time needed for treatment is not included in the 12 hours per day limit of driving time previously noted. Medical treatment required on a regular basis: Submit a physician-signed statement verifying the need for medical treatment on a regular basis. Include the physician’s address and route. (You are not eligible to drive for medical treatment if you are applying for a probationary permit.) If you are only suspended for an uninsured accident or misrepresentation of age and no other suspensions appear on your driver record, you may request to drive for family necessities. Submit the required information listed below for the type of driving requested. The following is a list of qualified family necessities: Grocery shopping: Name of one store, specific route, two days per week, and four hours per day. (Example: ABC Grocery, Wednesday and Saturday 10am-2pm, Front Street to First Street to Main Street)

Baby-sitting/daycare: Name of provider, address, days, specific route and driving times. (Example: Daycare Name, 123 Main Street, Monday-Friday 7:30am-8am and 5pm-5:30pm, First Street to Front Street to Main Street)

Medical appointments: Name and address of doctor and specific route. (A physician-signed statement is not required.) (Example: Dr. Name, 123 Main Street, Front Street to First Street to Main Street) School, for yourself or driving children to and from school: Name of school, days, specific route and driving times. (Example: Elementary School, Monday-Friday 7:30am-8am and 3pm-3:30pm, Main Street to Front Street to First Street)

Caring for Elderly Immediate Family Members: Name and address of person, days, route and driving times. (Example: Name, Address, Tuesday, Thursday, and Sunday, 8:30am-9am and 3pm-3:30pm, Main Street to Front Street to First Street)

What's Next: The Driver Suspension Unit will review your application and notify you of any additional requirements you must complete before a permit can be issued. Once your application has been approved and processed, DMV mails you a restriction letter. Take the restriction letter to a full service DMV field office along with proof of legal presence, identity, and social security number to obtain a restricted driver license. Your driving privileges are not valid until you have obtained a driver license with a “J” restriction code. This application (Form 735-6044) is available on our website. Visit our website at www.oregondmv.com

Mail or FAX your application and required documents to: DMV - Driver Suspension Unit FAX: 503-945-5096 1905 Lana Avenue NE Salem OR 97314 For more information, contact our Customer Assistance Unit by calling one of the following numbers. Portland area (503) 299-9999 or TTY (503) 945-5001 Roseburg (541) 440-3395 Salem (503) 945-5400 Eugene (541) 686-7855 Bend (541) 388-6322 Medford (541) 776-6025


HARDSHIP / PROBATIONARY PERMIT APPLICATION MAIL APPLICATION TO: DMV, 1905 LANA AVE NE, SALEM OR 97314 HARDSHIP/PROBATIONARY PERMITS ARE NOT ISSUED FOR COMMERCIAL (CDL) DRIVING PRIVILEGES FIRST NAME

FULL LEGAL NAME (Please Print) LAST NAME

ODL / CUSTOMER NUMBER

DATE OF BIRTH (MM-DD-YYYY)

FULL MIDDLE NAME

CONTACT PHONE NUMBER

(

) CHANGE OF ADDRESS

RESIDENCE ADDRESS (City, State, Zip Code)

YES

NO

If DUII, did the court grant a YES Diversion Agreement?

NO

MAILING ADDRESS IF DIFFERENT (City, State, Zip Code)

Why are you suspended or revoked? Do you drive to and from work?

YES

NO

Do you drive on the job?

YES*

NO

May we contact your employer if information is required?

*If yes, do you drive your employer's vehicle?

YES

NO

Employer’s Phone Number: (

Name of Employer: YES

NO

)

If you have a traffic offense pending in court, what is the date you are to appear? MONTH / DAY / YEAR Do you want this permit issued prior to your pending court date? YES* NO *IMPORTANT INFORMATION IF “YES”: If the pending court appearance results in a suspension of your driving privilege, you must apply for another permit; pay new fees; and meet any new requirements. ONLY 12 HOURS PER DAY OF DRIVING PRIVILEGE GRANTED. TOTAL PRIVILEGE OF SEEKING, ON THE JOB, SELF-EMPLOYED AND TO AND FROM WORK CANNOT EXCEED 12 HOURS PER DAY.

Treatment is not included in the 12-hour limit.

Current Employment Provide actual DRIVE TIMES to work and from work; not hours of employment. Example: If your work shift is 7am–3:30pm, list your drive times as 6:30am–7am and 3:30pm–4pm. (Include AM/PM)

MON:

Route to work (List all streets in the order traveled):

TUE: WED: THU:

Route returning from work (List all streets in the order traveled):

FRI: SAT: SUN:

Counties driven while on the job (Counties must connect):

Use a separate piece of paper if necessary

Seeking Employment Permit is valid for 120 days. You will need to reapply before the 120 day permit has expired or to request driving privileges for new employment. Provide hours you will seek employment. Example: 7am–3:30pm. (Include AM/PM)

MON:

List counties driven while seeking employment (Counties must connect):

TUE: WED: THU: FRI: SAT: SUN: Use a separate piece of paper if necessary Court recommendation is required when suspended for driving under the influence of intoxicants, eluding, reckless driving, and misrepresentation of age. Judge’s recommendation is for a driving privilege that is minimally required for maintaining employment and drug and/or alcohol treatment.

APPROVED

Judge’s Comments: SIGNATURE OF CONVICTING JUDGE

X

735-6044 (7-11)

COURT CONTINUED ON REVERSE SIDE (APPLICANT SIGNATURE REQUIRED AT END}

DENIED

DATE STK# 300224


Alcohol and/or Drug Treatment Driving time for treatment is separate from, and not included in, the 12-hour total driving time allowed per day. Circle days of the week and indicate what time the meetings start and end. Use a separate piece of paper if necessary. Note: Requests for several meetings may be denied due to limited space on the permit. Please note preferred meetings first.

(Circle day of week)

(Routes: List streets in order of travel.)

MON TUE WED THU FRI SAT SUN NAME OF MEETING: TIME MEETING STARTS / ENDS:

AM PM

MON TUE WED THU FRI SAT SUN NAME OF MEETING: TIME MEETING STARTS / ENDS:

AM PM

MON TUE WED THU FRI SAT SUN NAME OF MEETING: TIME MEETING STARTS / ENDS:

AM PM

MON TUE WED THU FRI SAT SUN NAME OF MEETING: TIME MEETING STARTS / ENDS:

AM PM

MON TUE WED THU FRI SAT SUN NAME OF MEETING: TIME MEETING STARTS / ENDS:

AM PM

To: From:

To: From:

To: From:

To: From:

To: From:

Medical (Diagnostic) Exam -- ONLY REQUIRED IF YOU ARE REVOKED AS A HABITUAL OFFENDER -To meet the eligibility requirements for a Medical (Diagnostic) Exam, your physician must complete and sign this medical statement. (Do not send DMV a copy of the actual Medical Exam.) If you are not able to obtain a doctor’s signature on this medical statement, call the Driver Safety Unit at (503) 945-5083 to obtain a Driver Medical Report form for your doctor to complete. PATIENT’S LAST NAME (Please Print)

FIRST NAME

MIDDLE NAME

I have taken a medical history and completed a physical exam on the above named patient. In my opinion, the patient does not have a physical or mental condition or impairment that affects the patient’s ability to safely operate a motor vehicle. MEDICAL PROVIDER NAME (Please Print) MAILING ADDRESS (City, State, ZIP Code)

SPECIALTY TELEPHONE NUMBER

(

)

SIGNATURE OF MEDICAL PROVIDER

DATE OF BIRTH

,

DATE OF EXAM (Month, Day, Year) LICENSE OR CERTIFICATE # FAX NUMBER

(

)

DATE SIGNED

X DMV will review your application. Once all requirements are approved, DMV will mail you a restriction letter. Take the restriction letter to a DMV field office to obtain a restricted driver license. Your driving privileges are not valid until you have obtained a driver license with a “J” restriction code. Hardship/Probationary permits are subject to the following conditions: 1) You cannot drive outside the driving purpose or restrictions indicated on the permit. This includes days, routes and hours. You can be cited for driving while suspended if you violate the restrictions. 2) You cannot be convicted of a traffic crime or convicted of more than one traffic violation within a 12-month period. ORS 807.252 and 807.270 3) If DMV receives satisfactory evidence of any violation of the limitations of a permit, DMV may suspend or revoke the permit. ORS 807.240 4) If it is a requirement that you obtain a mental health certificate or court recommendation, the recommendation or certificate must be valid throughout the term of the permit. ORS 807.250, 813.500 5) If an ignition interlock device (IID) is required, you must not remove or tamper with the device. ORS 813.602 6) You cannot operate a commercial motor vehicle with a Hardship/Probationary permit. ORS 807.240 (2), 807.270 (4)

If you violate ANY of these conditions, your permit privileges can be revoked for up to one year. By signing, I acknowledge and certify the following: The permit, once issued, constitutes my consent to abide continuously to all conditions, requirements and restrictions while driving. I affirm that the information given on this form is true and accurate, and this form demonstrates my need for such a permit. I must notify DMV in writing if information on this application changes. SIGNATURE (FULL LEGAL NAME)

X

DATE


What is the difference between a DUII, DUI, DWI, OWI, OVI, OAWI, DWAI, OUI, OUIL, OMVI, DWUI etc.? These terms are all acronyms that refer to the crime commonly known as "drunk driving." Different states have different names for the charge. For example in Arizona, California, and Washington, the charge is referred to driving under the influence or DUI. Ohio law refers to operating a vehicle under the influence or OVI. New York and Texas refer to driving while intoxicated or DWI. Massachusetts uses the term OUI. In the State of Oregon, the exact charge is called "driving under the influence of intoxicants" or DUII. Oregon does not have different types of DUII charges such as "Extreme DUII" or "driving while ability impaired." Even if your blood alcohol content (BAC) is quite high--such as .20% or greater--the charge is still the same. This website, and all the websites that have stolen copyrighted content from this website, use the terms DUI and DUII interchangeably.

The Oregon DUII Guide


Is an Oregon DUII a criminal offense? Yes, a driving under the influence of an intoxicant charge is either a misdemeanor crime or a felony crime in the State of Oregon depending on your DUII history.

The Oregon DUII Guide


How do I know if I'm charged with a misdemeanor DUII or a felony DUII charge? In Oregon, a DUII charge is a misdemeanor crime unless you have two or more prior DUII convictions in the past ten years. [Prior to December 2, 2010, you faced a felony DUII only if you had three or more felony convictions in the past ten years. Refer to Ballot Measure 73.]

The Oregon DUII Guide


What type of penalties might I face if I am convicted of an Oregon DUII charge? As noted above, a DUI in Oregon is usually a Class A misdemeanor crime. Upon conviction, a defendant can receive a variety of penalties including: • probation (either formal probation, court aka bench probation, or enhanced bench probation); • jail time (ranging from two days to up to one year) for a misdemeanor DUI and lengthy jail (90 days or more)or prison time (13 to 60 months) for a felony DUI; • a license suspension / revocation of either one year, three years, or lifetime; • a fine generally ranging from $1,000 to $2,000; • additional fees of $130 + $97 +$66; • an alcohol / drug evaluation ($150) plus treatment (costs vary); • attendance at a victims impact treatment session (this session, commonly known as a "victims panel" costs $50 or less). For a second DUII conviction, the court may also suspend your vehicle registration for up to 120 days and / or impound / immobilize your vehicle for up to one year. If you enter and successfully complete the DUII diversion program you will not face most of these penalties (see below). If you are convicted of a felony DUII, you will face at least 90 days in jail and you may go to prison for one to five years.

The Oregon DUII Guide


TYPICAL STATE OF OREGON DUII PENALTIES FOR 2012 OFFENSE / CONVICTION •

FIRST OFFENSE misdemeanor

RANGE OF PENALTIES Defendant typically will enter the diversion program if eligible; if not eligible for diversion, see FIRST CONVICTION below.₁

• • • •

FIRST DUII CONVICTION misdemeanor

• • • • • •

• • • • •

SECOND DUII CONVICTION misdemeanor • • • • •

18 to 36 months probation; 2 - 10 days jail; $1,000 to $2,000 fine; several hundred dollars in add'l fees; one year license suspension; substance abuse treatment classes; victims impact panel class; do not possess or consume alcohol; no entry into bars and taverns; drive only with valid license and insurance. 24 to 36 months probation; 8 - 30 days jail; $1,500 to $3,500 fine; several hundred dollars in add'l fees; one to three year license suspension (three years if prior conviction was w/in past five years); substance abuse treatment classes; victims impact panel class; do not possess or consume alcohol; no entry into bars and taverns; drive only with valid license and insurance.

The Oregon DUII Guide


THIRD DUII CONVICTION misdemeanor (no more than one conviction w/in past ten years)

• • • •

36+ months probation; 30 - 180 days jail; $2,000 - $4,000 fine; several hundred dollars in add'l fees;

lifetime license revocation₂; substance abuse treatment classes; victims impact panel class; do not possess or consume alcohol; no entry into bars and taverns; drive only with valid license and insurance.

• • • • •

• • • •

THIRD DUII CONVICTION felony (both prior convictions w/in past ten years)

• • • • • •

36 to 60 months probation; at least 90 days jail (possible prison time); $2,000 - $4,000 fine; several hundred dollars in add'l fees; lifetime license revocation₂; substance abuse treatment classes; victims impact panel class; do not possess or consume alcohol; no entry into bars and taverns; drive only with valid license and insurance.

Note 1: Successful completion of diversion will allow a defendant to avoid a conviction and obtain a dismissal of the DUII charge. More information on the diversion program is set forth below. Note 2: You can apply for reinstatement after serving at least ten years of the revocation. No hardship permit is permitted on a lifetime revocation.

The Oregon DUII Guide


I have a good driving record, is there any way that I can avoid a DUII conviction and all the accompanying penalties?

Aside from taking your DUI to trial and winning, you may be eligible for a program known as "diversion." The successful completion of the DUI diversion program will result in the dismissal of your DUI charge. Diversion is the only alternative to taking your DUI to trial or pleading guilty / no contest to your DUI charge. As noted above, Oregon does not use or allow deferred prosecutions, deferred judgments, deferrals, probation before judgment, or pleas to lesser included offenses on DUI charges. If you enter and successfully complete the DUI diversion program, you will avoid most of the mandatory penalties (jail time, fines, and the additional year long license suspension among other things) required for a DUI conviction.

The Oregon DUII Guide


How do I know if I am eligible for the Oregon DUI Diversion Program?

You are likely eligible for diversion if you swear to the court that all of the following statements are true: 1. I have never been convicted of a felony DUII offense in Oregon or any other place. 2. On the date I sign the attached petition for a DUII diversion agreement: a. There is no charge pending against me in Oregon or any other place, except for the DUII charge in this case, for an offense involving operation of a vehicle while: under the influence of alcohol, a controlled substance, an inhalant, or any combination of the three; or having a blood alcohol content above the allowable blood alcohol content; b. I am not participating in a DUII diversion program or any similar alcohol or drug rehabilitation program in Oregon or any other place except a program I may have entered as a result of the charge for the present offense of DUII; and c. There is no charge of an offense pending against me in Oregon or any other place for any degree of aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault that resulted from the operation of a motor vehicle.

The Oregon DUII Guide


3. During the fifteen (15) years before the date of the presently alleged DUII offense and during the time between the presently alleged DUII offense and the date I sign the attached petition: a. I have not been convicted in Oregon or any other place for an offense involving the operation of a vehicle while: under the influence of alcohol, a controlled substance, an inhalant, or any combination of the three; or having a blood alcohol content above the allowable blood alcohol content; b. I have not participated in a DUII diversion program or any similar alcohol or drug rehabilitation program in Oregon or any other place; c. I have not been convicted, in Oregon or any other place, on any charge of an offense in any degree for aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault that resulted from the operation of a motor vehicle; and d. If this is my second or subsequent diversion, I have not been convicted of any criminal offenses involving a motor vehicle. 4. The DUII offense described in the attached petition for which I am charged did not involve any deaths or any physical injury to any other person (“physical injury” means impairment of physical condition or substantial pain—ORS 161.015). 5. At the time of the alleged offense, I did not have a commercial driver’s license. 6. At the time of the alleged offense, I was not operating a commercial motor vehicle. Occasionally, the DA's Office will object to a defendant's entry into diversion even though they meet the eligibility requirements set forth above. This sometimes happens if there was a child in the car when the defendant was arrested for DUII or if the defendant has a number of DUII convictions more than 15 years old. See ORS 813.220. Entry into diversion does not affect the implied consent license suspension that may have been imposed for a breath or blood test failure or refusal. A challenge to this suspension must be done in a separate and earlier proceeding (the DMV hearing discussed above). Likewise, entry into diversion does not affect other criminal charges (such as hit and run, reckless driving, or criminal mischief). Some jurisdictions, however, will dismiss violations such as speeding if you enter diversion. Contact an Oregon DUI attorney to learn more.

The Oregon DUII Guide


What is required from a person opting to enter the DUI diversion program?

In order to successfully complete diversion a defendant must do each of the following: a. Pay to the court the required diversion fees ($386). b. Complete an alcohol and drug abuse assessment as directed by the court. You must pay the assessment fee ($150) directly to the assessment agency. You must also give the agency accurate and truthful information about your use of drugs and alcohol. The agency will recommend a treatment. c. Complete the recommended treatment program. You must pay the treatment provider directly. d. Attend a victim impact panel and pay the participation fee ($5 - $50) as ordered by the court. e. Comply with state laws that prohibit the use of intoxicants. f. Do not use any alcohol or other intoxicant during the term of the diversion agreement, except for: • sacramental wine given or provided as part of a religious rite or service; • alcohol or a controlled substance taken as directed pursuant to a valid prescription; or • a non-prescription drug that contains alcohol so long as taken in accordance with the directions for use that are printed on the label. g. Keep the court advised at all times of your current mailing and residential addresses. h. Install an approved ignition interlock device in all the vehicles you operate during the term of the diversion agreement when you have driving privileges.

The Oregon DUII Guide


What will the Oregon DUI diversion program cost? There are no fines associated with diversion. However, there are a number of fees that are required for completion of the program. Effective January 1, 2012, you can expect to pay: • $386 in fees to the court; • $150 for the alcohol / drug evaluation (also known as the diagnostic assessment); • $50 or less for the victims impact treatment session (commonly referred to as the victims panel class); • Fees for each of the alcohol / drug treatment classes which will vary; • Fees for the urine tests (UA's); • Fees for the ignition interlock device if you intend to drive during your one year diversion period. The treatment fees will vary depending on which state certified treatment provider you select and the length of treatment that you are required to complete. Note that the providers' fees vary widely so check with your health insurance for possible coverage and call around.

The Oregon DUII Guide


Is a DUII diversion the same as a conviction? No. If you successfully complete the diversion program, the DUII charge is dismissed and no conviction results. However, if diversion is terminated for failing to comply with the program requirements a conviction is automatic.

The Oregon DUII Guide


Will an Oregon DUI diversion go on "my record?"

Yes. A DUI diversion will go on your Oregon driving (DMV) record as a diversion (not as a conviction). See the sample entry below.

Oregon does not use a point system so points are not assessed. In Oregon, DUI diversions and DUI convictions cannot be expunged or sealed.

The Oregon DUII Guide


If I enter the diversion program will my (implied consent) suspension for failing or refusing a breath or blood test be rescinded, shortened, withdrawn, or cancelled?

No. Entry into diversion has no effect on your implied consent license suspension (the suspension for failing or refusing the breath / blood / urine test). However, successful completion of diversion means that you will receive no additional one year license suspension for a DUII conviction. Remember that the implied consent suspension and the DUII charge are separate issues.

The Oregon DUII Guide


Can I complete diversion even though I live in another state? Yes. Although it is more work to set up, you will be able to complete the diversion program even if you live in another state.

The Oregon DUII Guide


Will I be able to plea bargain / negotiate my Oregon DUI charge down to a lesser offense such as "negligent driving," "reckless driving," "reckless operation," "reckless driving involving alcohol," "wet reckless," "impaired driving," "driving while impaired," or a "driving while ability impaired drugs?"

No. While plea agreements of this type are common in some states, in Oregon this practice is prohibited by state law (see below). Other charges, such as a reckless driving ticket, are subject to plea negotiations, charge reduction or dismissal.

The Oregon DUII Guide


ORS 813.170 Plea agreement prohibited. (1) [A] person charged with the offense of driving under the influence of intoxicants shall not be allowed to plead “guilty” or “no contest” to any other offense in exchange for a dismissal of the offense charged. No district attorney or city attorney shall make any motion and no judge shall enter any order in derogation of this section. This section does not prohibit [entry into] diversion as provided under ORS 813.200. (2) Notwithstanding ORS 135.881 to 135.901, a person charged with the offense of driving under the influence of intoxicants shall not be allowed to enter into any program of supervised performance or diversion except as provided under ORS 813.200.

The Oregon DUII Guide


What about the Base Fine listed on my ticket? You will not have to pay any fine including the base fine amount if you enter diversion. If you're convicted of DUII or other charges you will face fines for those offenses. However, those amounts will almost certainly be substantially less than the base fine listed.

The Oregon DUII Guide


I'm not eligible for diversion. What type of sentence can I expect if I am convicted of a first time DUI in Oregon? A person convicted of a DUII for the first time can expect to receive a sentence of a period of probation with conditions that include: Between 2 and 20 days jail; a $1,000 - $2,000 fine; approximately $300 in additional court fees and assessments; a one year ODL suspension; an alcohol / drug evaluation and treatment; and attendance at a Victims Panel class.

The Oregon DUII Guide


How much jail time will I have to do if I am convicted of a DUII in Oregon? The amount of incarceration (jail or prison) received will depend on a number of factors, including (but not limited to) the following: • • • • • • • •

your prior driving record especially your DUII history; your level of intoxication; whether there was a collision involved; whether there was an injury to another person in the collision; which Oregon county or municipal court your case is in; what judge you are sentenced by; whether there was a passenger / child in your car; whether the judge feels you have accepted responsibility for your actions.

Remember, you will not go to jail on for a DUII charge if you enter and successfully complete the diversion program.

The Oregon DUII Guide


I really don't want to go to jail. Is there any way to avoid jail time? Maybe. Different jurisdictions offer some alternatives to incarceration. These may include community service, work release, work crew, home confinement aka electronic monitoring. Often, jail is the only option. Talk to your Oregon DUII lawyer about what may be available to you. In this attorney's opinion, a short jail sentence is always preferable to a lengthy period of community service.

The Oregon DUII Guide


I am licensed to drive in a state other than Oregon and I was cited for a DUII in Oregon. Will my driver license be suspended?

Oregon only has the authority to suspend your right to drive in the State of Oregon. However, Oregon and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact." Oregon will report an Oregon DUII conviction to the home state of the driver (assuming the home state has also adopted the Compact). Your home state will then generally take action to suspend your license. This also works in reverse. If you are an Oregon licensed driver and you are convicted of a DUI charge in another state, Oregon will likely suspend your license if it learns of the conviction within 180 days of the conviction. See the statute below:

The Oregon DUII Guide


Even if Oregon does not report your suspension (say because you entered diversion), your home state may still learn of an implied consent license suspension through the National Driver Register (sometimes referred to as the National Driver Registry). The National Driver Register (the "Register") serves as a central repository of information on individuals whose privilege to drive has been revoked or suspended or who have been convicted of serious traffic offenses. The records maintained in the Register consist of identification information including your name, date of birth, gender, driver license number, and the reporting state. The substantive information—the reason for the suspension or conviction and associated dates— resides in the reporting state. State motor vehicle departments can query the Register to determine if an individual's license or privilege has been withdrawn by any other state. All 50 states and the District of Columbia participate in the Register. You can request your record from the Register here.

The Oregon DUII Guide


Will I have to install an ignition interlock device on my car? Probably. An ignition interlock device (IID) is a computerized breath analyzer that connects into an automobile ignition system. Prior to starting a vehicle equipped with an IID, a driver must provide a breath sample by blowing into the IID. The IID prevents the vehicle from starting if the alcohol content in the driver´s breath sample exceeds a certain limit. State law now requires persons committing a DUII on or after January 1, 2012, to install an ignition interlock device during any part of the one year diversion period that the person has driving privileges. See HB 3075 (2011). Additionally. a person convicted of an Oregon DUII must install an IID in order to: • receive a hardship permit during the suspension period for the DUII conviction; and also to • reinstate your ODL after the DUI conviction suspension period ends for a period of one year (for a first DUI conviction) or two years (for a second or subsequent DUI conviction) following the end of the conviction based suspension.

The Oregon DUII Guide


How do I go about getting an ignition interlock device installed in my car?

Contact one of the IID installers in your area to arrange for installation. You may also contact the DMV Ignition Interlock Division at 503.945.5400 for answers to your IID questions.

The Oregon DUII Guide


How many "points" will go on my license if I get a DUII? Oregon does not use a point system. Both a DUII conviction and a DUII diversion will go on your driving record, but points are not assessed.

The Oregon DUII Guide


What happens if I was on probation when I got arrested for an Oregon DUII? Committing a new offense while you're on probation for a previous crime creates two problems. First, you face the new DUII charge. Second, you face a probation violation hearing for failing to "obey all laws" (a standard condition of probation). The most serious scenario is when you receive a new Oregon DUII offense when you're already on probation for a previous DUII. When this happens, its in your best interest to speak to an Oregon DUII lawyer right away.

The Oregon DUII Guide


Since my arrest I've received letters from various Oregon attorneys / treatment providers. How did these people find out that I was arrested? In Oregon, adult arrest and suspension records are "public records" and are subject to disclosure upon written request. Some Oregon lawyers and treatment providers make public record requests from government agencies in order to obtain a list of persons arrested for a DUII offense. After receiving the arrest / suspension information, the firm sends a letter outlining their services. Keep in mind that even though these records are "public," individual records are usually not accessible unless specifically requested.

The Oregon DUII Guide


After my arrest, my mug shot and name were placed on a website. Is this legal? Unfortunately, yes. Arrest records including mug shots are public records. Any person paying a fee can request and receive this information and re-publish it.

The Oregon DUII Guide


Will I be able to vacate, seal or expunge my Oregon DUI or otherwise remove the offense from my record?

Oregon law does not allow an individual to seal or expunge a DUI diversion or a DUI conviction. Simply put, most traffic offenses cannot be vacated, expunged or sealed under Oregon law. However . . . In 2009, the Oregon Legislative Assembly passed House Bill 2318. Under this law-which became effective January 1, 2010--DUI arrests (and other traffic crime arrests) may be expunged if the charge was dismissed (other than diversion-related dismissals) or if the prosecutor declined to prosecute (no-complainted) the case. [DUI convictions and dismissals resulting from the successful completion of the diversion program still cannot be sealed or expunged.] Example One: You were found not guilty of the DUII charge after a trial. You may expunge this arrest (assuming you meet the other eligibility requirements). Example Two: You were arrested for a DUII charge even though your breath test showed only a 0.05 percent. You went to court, and the case was called as a "no complaint." You may expunge this arrest after waiting one year. Example Three: You were arrested for a DUII charge and entered the diversion program. Your DUII was dismissed after one year following your successful completion of the diversion program. You cannot expunge this arrest.

The Oregon DUII Guide


What will an Oregon DUII charge do to my insurability?

If your insurance company finds out about an entry into the diversion program or a DUII conviction one of two things are likely to happen. Either your insurer will raise your rates or you may be cancelled or non-renewed. Of course, it is possible that your insurance carrier may not find out about your DUII on their own. However, if you are convicted of a DUII or if you apply for a hardship permit you will need to file an SR-22. [This is an important consideration in deciding whether to apply for a hardship permit if you enter diversion on your DUII charge.] You can only get an SR-22 from your insurance company so they will necessarily learn of the DUII arrest / conviction when you request one. If your insurance company misses the diversion or conviction at the time it happens, it generally has three years to cancel your policy or raise your rates because of the DUII.

The Oregon DUII Guide


What is an SR-22?

An SR-22 is a certificate from an Oregon licensed insurance company certifying that you have purchased liability insurance that meets the minimum required coverage limits. The SR-22 provides proof to the Oregon Department of Motor Vehicles (DMV) that you are insured. If you cancel your insurance or the insurance company cancels your policy before your suspension period is over, the company must notify DMV that the certificate is canceled. You will need to get a new SR-22 certificate on file with DMV within 30 days or your license will be suspended. If you are asked to prove “future financial responsibility� by having an SR-22 on file with DMV, a copy of your insurance binder or your insurance card is not considered acceptable proof. Also, your insurance must cover all vehicles both operated by you and registered in your name. You will generally need to file an SR-22 if you are convicted of an Oregon DUII or if you apply for a hardship permit.

The Oregon DUII Guide


Do I need to file an SR-22 if I enter the diversion program?

If you enter the diversion program on your DUII charge and do not apply for a hardship permit on your implied consent suspension, then you should not need to file an SR-22. A hardship permit requires an SR-22 filing.

The Oregon DUII Guide


I was involved in an accident with my DUII. Do I need to file an accident report?

You will need to file an Oregon Traffic Accident and Insurance Report if you were involved in a collision and one of the following are also present: • • • • •

More than $1500 in damage to your vehicle; More than $1500 in damage to any one person's property other than a vehicle; Any vehicle has more than $1500 and any vehicle is towed from the scene as a result of damages; Injury to any person (no matter how minor the injury); or The death of any person.

If possible, file the report within 72 hours after the incident.

The Oregon DUII Guide


DMV

OREGON TRAFFIC ACCIDENT AND INSURANCE REPORT Tear this sheet off your report, read and carefully follow the directions.

ONLY drivers involved in an accident resulting in any of the following MUST file an Accident & Insurance Report: • Damage to your vehicle is over $1500 • Damage to any one person’s property over $1500 • Injury (No matter how minor) • Any vehicle has damage over $1500 and any vehicle • Death is towed from the scene as a result of damages Oregon law requires these reports be filed within 72 hours of the accident. If you are not able to file within the 72 hours, submit it as soon as possible. If you fail to report the accident to DMV, it may result in suspension of your driving privileges. If the police department files a police report, you are still required to file your own Accident and Insurance Report with DMV. If you are an out-of-state resident, you are still required to file your own Accident Report with DMV. DMV does not determine fault in an accident, but does post the accident to the driving record of those drivers required to report, unless the vehicle is parked. If you have questions, please call the Accident Unit at (503) 945-5098.

INSTRUCTIONS

PRINT OR TYPE ALL INFORMATION. (Use black or dark blue ink and press firmly.) • Complete both sides of the form. • If additional vehicles were involved in the accident, complete the attached Supplemental Report (Form 735-32B), or on a blank piece of paper, write all the information as requested in Section 4, the “Other Driver” Section. • DMV Headquarters will verify the insurance information submitted. Complete the insurance section or a suspension of your driving privileges may occur.

SECTION 1

DATE, LOCATION AND TIME — Clearly identify the date, location and time of the accident. The correct date, location and time is critical to processing your report. If you are unsure of the county, contact any local law enforcement agency for assistance.

SECTION 2

YOUR VEHICLE (# 1) — DMV will consider your accident uninsured if you do not complete ALL of this section. You must list the insurance company name (not agency) and policy number that provided liability coverage for your operation of the vehicle you were driving at the time of the accident. Note the coverage is for liability insurance, not collision or comprehensive coverage. DMV will verify this information with the insurance company. If the insurance company denies the coverage, DMV will suspend your Oregon driving privileges.

SECTION 3

Answer all of the questions in Section 3. DMV will use the information provided in these questions to code the accident. It is important for you to understand “principal purpose of driving” and “paid to drive.” These include ONLY persons employed or being paid for the purpose of driving, NOT driving to reach a destination to perform a service. Property includes, but is not limited to, fixed or real property, landscaping, signs, parked vehicles, and animals. NOTE TO COMMERCIAL MOTOR VEHICLE OPERATORS: In addition to this report, Oregon Administrative Rule requires that Form 735-9229, Motor Carrier Crash Report, MUST be filed within 30 days of a commercial motor vehicle accident when there is a FATALITY, INJURY (requiring treatment away from the scene), or when a vehicle is TOWED from the scene because of disabling damage. Form 735-9229 (attached on back) MUST be submitted with Oregon Traffic Accident and Insurance Report (Form 735-32) to DMV. For questions regarding the Motor Carrier Crash Report, call (503) 986-3507.

SECTION 4

OTHER VEHICLE (# 2) — Completion of this information will help DMV match all driver's accident reports more efficiently. If additional vehicles were involved in the accident, complete attached Supplemental Report (Form 735-32B).

SECTION 5 DESCRIPTION AND SIGNATURE — Describe what happened. It is important for you to sign and date the form.

COMPLETING AND FILING REPORT OTHER SIDE OF FORM — Complete the other side of the form. Information collected from both sides of this form is used by DMV and other officials in making valuable transportation decisions about the roadway systems and driver safety. YOUR COPY — Under Oregon law ORS 802.220 (5), DMV can not provide you a copy of your Oregon Traffic Accident and Insurance Report. If you wish to have a complete copy of your report (front and back), you will need to make a copy for your records. RECEIPT — Attached is a PINK courtesy copy of your report. After you have completed both sides of the form, tear the PINK copy off for your records. If you want a receipt, bring the form, with the PINK copy, to a DMV office and have your copy validated. Without a receipt, you will have no proof of submitting a report. MAIL — Mail the form to Accident Reporting Unit, DMV, 1905 Lana Ave NE, Salem OR 97314 or FAX to (503) 9455267, or deliver it to any DMV office. PURSUANT TO OREGON INSURANCE LAW, AN INSURANCE COMPANY CAN NOT REQUIRE REPAIRS BE MADE TO A MOTOR VEHICLE BY A PARTICULAR PERSON OR REPAIR SHOP. 735-32 (1-11)

STK# 300009


TOTALED VEHICLE NOTICE DEFINITIONS AND INSTRUCTIONS FOR TOTALED VEHICLES IF YOUR ACCIDENT HAS RESULTED IN A “TOTALED” VEHICLE, YOU ARE REQUIRED BY LAW TO FOLLOW APPROPRIATE INSTRUCTIONS IN THIS NOTICE.

DEFINITION OF “TOTALED” VEHICLE “Totaled Vehicle” or “Totaled” as defined in Oregon law (ORS 801.527) means:

A vehicle that is declared a total loss by an insurer who is obligated to cover the loss or a vehicle that the insurer takes possession of or title to.

A vehicle that has sustained damage that is not covered by an insurer and the estimated cost to repair the vehicle is equal to at least 80% of the retail market value prior to the damage. “Retail market value” is defined as the amount shown in publications used by financial institutions (banks or lenders) in this state.

A vehicle that is stolen, if it is not recovered within 30 days of theft and the loss is not covered by an insurer. In this situation, you must notify DMV within 60 days of the theft.

FOLLOW THESE INSTRUCTIONS IF YOUR VEHICLE IS TOTALED

If your vehicle is totaled, in addition to completing the accident report, follow the instruction that is applicable to your case. Either: 1. SURRENDER the title to the insurer if the damage is covered by an insurer who declares the vehicle to be a “total loss,” and the insurer takes possession of the vehicle; or 2. SURRENDER the title to DMV and apply for salvage title if the damage is covered by an insurer who declares the vehicle to be a “total loss,” but you keep possession of the vehicle; or 3. SURRENDER the title to DMV and apply for salvage title if the damage was not covered by an insurer and the estimated cost of repair is at least 80% of the retail market value of the vehicle before the damage; or 4. NOTIFY DMV that your vehicle has been totaled if, for some reason, you are unable to obtain the title for surrender. You must provide DMV with a signed statement which includes: • A description of the vehicle which includes the year model, make, plate number and vehicle identification number. • A statement indicating the vehicle has been totaled. • A statement that you are unable to obtain the title and why. DO NOT SUBMIT THE TITLE WITH THE ACCIDENT REPORT. You can obtain the Application for Salvage Title (Form 735-229) from any DMV office, by calling (503) 945-5000, or on-line at www.oregondmv.com. Application instructions and fee information are on the back of the form 735-229. If you have questions about salvage titles, call (503) 945-5122.

NOTE: It is a Class A misdemeanor with a penalty of imprisonment and/or fine if you fail to comply with the above requirements. (ORS 819.012)


OREGON TRAFFIC ACCIDENT AND INSURANCE REPORT

DMV

SECTION 1

COMPLETE BOTH SIDES Complete this form ONLY if your accident happened on a highway or premises open to the public, and resulted in any of the following: 1) More than $1500 in damage to your vehicle; 2) More than $1500 in damage to any one person's property other than a vehicle; 3) Any vehicle has more than $1500 and any vehicle is towed from the scene as a result of damages; 4) Injury to any person (no matter how minor the injury); or, 5) the death of any person. ACCIDENT DATE DAY OF WEEK TIME OF DAY COUNTY DO NOT WRITE IN Accident M T W TH F AM Number THIS SPACE S SN PM ROAD ON WHICH ACCIDENT OCCURRED (Name of street, road or route )

WITHIN

FEET

N S

E W

NEAR

MILES N S

E W

WITHIN

FEET

N S

E W

NEAR

MILES N S

E W

MILE POST

TYPE OF ACCIDENT - The accident involved one or more of the following: (Mark all that apply)

NAME OF NEAREST INTERSECTING ROAD

Two vehicles

ATV / Snowmobile

Parked vehicle

More than two vehicles

Motorcycle

Overturned vehicle

Fatality

Motorized Scooter Personal (assisted) mobility device Train

Animal

Bicycle

NAME OF NEAREST CITY / TOWN

Pedestrian

Fixed object / property Other ____________________

SECTION 2 (YOUR VEHICLE # 1)

Complete ALL of this section. If you fail to do so, your driving privileges may be suspended. You MUST list the insurance company (not agency) and policy number that provided liability coverage for the vehicle you were driving. DRIVER’S NAME (LAST, FIRST, MIDDLE)

DRIVER’S LICENSE NUMBER

STATE

DATE OF BIRTH

DRIVER’S RESIDENCE ADDRESS

CITY

STATE

ZIP CODE

MAILING ADDRESS (IF DIFFERENT THAN RESIDENCE)

CITY

STATE

ZIP CODE

VEHICLE OWNER’S NAME AND ADDRESS

CITY

STATE

ZIP CODE

CITY

STATE

ZIP CODE

STATE

YEAR

CHECK BOX IF ADDRESS CHANGE

SAME INSURANCE COMPANY NAME (NOT AGENCY) AND ADDRESS

POLICY NUMBER

SECTION 3

Check all statements that apply:

SECTION 4 (OTHER VEHICLE # 2)

SEX

VEHICLE IDENTIFICATION NUMBER

VEHICLE PLATE NUMBER

MAKE & MODEL

Damage to your vehicle was more than $1500. Damage to any one person’s property (other than vehicle) was more than $1500. Your vehicle was towed from the scene as a result of damages. You or passengers in your vehicle were injured. The accident occured while you were driving your employer’s vehicle. You were driving on your job and being paid for the principal purpose of driving. You were being paid to drive and/or deliver persons or property. You were operating a government owned vehicle marked for transporting mail in accordance with government rules. You were operating an authorized emergency vehicle. You were operating a commercial motor vehicle requiring you to have a commercial driver license. You were transporting hazardous material. A police officer came to the scene. Name of police department: __________________________ City County State Police A citation was issued to you. The citation was: _____________________________________________________________________

DRIVER’S NAME (LAST, FIRST, MIDDLE)

DRIVER’S LICENSE NUMBER

STATE

DATE OF BIRTH

DRIVER’S ADDRESS

CITY

STATE

ZIP CODE

VEHICLE OWNER’S NAME AND ADDRESS

CITY

STATE

ZIP CODE

STATE

YEAR

SEX

SAME INSURANCE COMPANY NAME (NOT AGENT) AND ADDRESS

POLICY NUMBER

VEHICLE IDENTIFICATION NUMBER

VEHICLE PLATE NUMBER

MAKE & MODEL

IF ADDITIONAL VEHICLES WERE INVOLVED IN THE ACCIDENT, USE ATTACHED SUPPLEMENTAL REPORT (Form 735-32B).

SECTION 5

DESCRIBE WHAT HAPPENED: (IF MORE SPACE IS NEEDED, SUBMIT ADDITIONAL PAGE)

I certify all information given on this report is true and accurate to the best of my knowledge. SIGNATURE OF PERSON MAKING REPORT

X

IF NOT DRIVER’S SIGNATURE, STATE RELATIONSHIP

PRINTED NAME OF PERSON MAKING REPORT

REASON DRIVER IS UNABLE TO SIGN REPORT

DAYTIME PHONE #

(

DATE SIGNED

)

PHONE NUMBER OF DRIVER

( 735-32 (1-11)

COMPLETE THE OTHER SIDE OF THIS PAGE

) STK# 300009


YOU INTENDED TO...

YOUR VEHICLE

Go straight ahead Make right turn Make left turn Make “U” turn Back–Up Enter driveway (also mark left or right turn) Remain stopped in traffic Enter parked position Slow or Stop Leave driveway (also mark left or right turn) Start in traffic lane Leave parked position Remain parked Overtake and pass

WEATHER CONDITIONS

Passenger car, pickup, van Military vehicle Taxicab Emergency vehicle Any of the above and trailer Private or public agency transit vehicle Bus School bus Other publicly-owned veh. Motorcycle Motor–scooter/bike Personal (assisted) mobility device Truck tractor & semi trailer Truck/truck tractor Other truck combination Farm tractor/farm equip.

Clear Raining Snowing Fog Other

YOUR RESIDENCE

Local resident (within 25 miles of accident site)

Residing elsewhere in state Non–resident of this state: College student Military Temporary job

ROAD SURFACE

Dry Wet Snowy Icy Other

YOU WERE HEADED

North South

East West

On: ____________________

LIGHT CONDITIONS

(name of street, road or route)

Daylight Dawn or dusk Darkness (lighted) Darkness (unlighted) Other

OTHER DRIVER WAS HEADED

North South

East West

On: ____________________ (name of street, road or route)

If this accident involved a pedestrian or bicyclist, complete the following:

WITNESS INFORMATION:

PEDESTRIAN NAME

Pedestrian or bicyclist was going: N S E

DRIVER AND PASSENGER INJURY AND SAFETY EQUIPMENT INFORMATION SAFETY EQUIPMENT CODES INJURY CODE FOR OCCUPANTS 0 1 2 3 4 5 6 7 8 9 10

SEAT POSITION

WRITE one of the codes (1–5) in column D 1 Deceased as a result of the accident 12 Incapacitated - unconscious, could not walk, 2 broken or distorted limbs, etc. 3 Visible injury - lump, abrasion cuts 3 4 Momentary unconsciousness, complaint of 4 pain, nausea, limping 5 No apparent injury 5

No seat belt available Seat belt available but NOT used Seat belt available and in use Child restraint device available Child restraint device in use Child restraint device not available Helmet NOT in use Helmet in use Air bag deployed Air bag available - NOT deployed Air bag NOT available

PASSENGER’S NAMES (your vehicle)

A

B

SEX

AGE

DRIVER FRONT RIGHT

* * MIDDLE RIGHT * MIDDLE LEFT

MIDDLE CENTER

REAR LEFT REAR CENTER REAR RIGHT

* Use only for vehicles with middle row of seats (i.e., vans, SUVs, etc.) Vehicle Damage Diagram N

L E F H

FRONT

WJ

S

D AIR BAG

INJURY

4 EXAMPLE: (From: NE corner To: SE corner (or) From: East side To: West side, etc.)

Sex and age of pedestrian / bicyclist: Male Female Age: _____ Extent of pedestrian / bicyclist injury: Momentary unconsciousDeceased ness /complaint of pain Incapacitated No apparent injury Visible injury

(specify)

R

1 Number each vehicle: 2 Show path by: N Show pedestrian/bicyclist by: Show railroad tracks by:

Vehicle towed Rollover Under car Totaled Unknown

Your Vehicle (No. 1) damage: $ __________ .

C SFTY EQP

From: 1 2 2 1 To:

Pedestrian / bicyclist action: (mark one) Crossing at intersection or crosswalk Crossing not at intersection or crosswalk Walking / riding in roadway with traffic Walking / riding in roadway against traffic Standing in roadway Pushing or working on vehicles in roadway Other working in road Playing in road Hitchhiking Not in roadway Other________________________________

FRONT CENTER

USE ARROW TO SHOW FIRST IMPACT (SHADE IN DAMAGED AREA)

W

ALONG OR ACROSS: (name of street, road or route)

(name of street, road or route)

L

(name of street, road or route)

(name of street, road or route)

WRITE one of the codes (0–10) in column C

BICYCLIST NAME

L


SUPPLEMENTAL REPORT OREGON TRAFFIC ACCIDENT

DMV

3UPPLEMENTALFORMORETHANTWODRIVERSINVOLVEDINTHECRASH !TTACHTHISFORMTOYOUROREGON TRAFFIC ACCIDENT AND INSURANCE REPORT. !##)$%.4$!4%

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34+


MOTOR CARRIER CRASH REPORT

OREGON DEPARTMENT OF TRANSPORTATION ACCIDENT REPORTING UNIT DRIVER AND MOTOR VEHICLE SERVICES 1905 LANA AVE. NE SALEM OR 97314 FAX: (503) 945-5267

INSTRUCTIONS: IF YOU CHECKED A BOX UNDER THE QUALIFYING VEHICLE COLUMN AND A BOX UNDER THE CRITERIA COLUMN, COMPLETE THE REMAINDER OF THE MOTOR CARRIER CRASH REPORT AND SUBMIT TO THE ADDRESS SHOWN ABOVE. IF NO CIRCUMSTANCES LISTED UNDER THE CRITERIA COLUMN APPLY, YOU ARE NOT REQUIRED TO SUBMIT THE MOTOR CARRIER CRASH REPORT. IF YOU HAVE ANY QUESTIONS REGARDING FILLING OUT THE MOTOR CARRIER CRASH REPORT, PLEASE CALL (503) 986-3507.

QUALIFYING VEHICLE

CRITERIA

COMMERCIAL TRUCK (GVWR OVER 10,000 LBS OR ACTUAL WT AT TIME OF CRASH EVEN IF GVWR IS SET UNDER 10,000 LBS ) HAZARDOUS MATERIAL PLACARD COMMERCIAL BUS (DESIGNED FOR 8 OR MORE PASSENGERS) FARM TRUCK INTERSTATE (OVER 10,000 LBS.) FARM TRUCK FOR-HIRE (4 OR MORE AXLES) FARM TRUCK TOWING TRIPLE TRAILERS FARM TRUCK (OVER 80,000 LBS.)

ANY PERSON SUSTAINING A FATALITY (WITHIN 30 DAYS OF THE ACCIDENT) ANY PERSON SUSTAINING INJURIES REQUIRING TREATMENT AWAY FROM THE SCENE ANY VEHICLE INCURRING DISABLING DAMAGE REQUIRING REMOVAL FROM THE SCENE BY A TOW TRUCK OR ANOTHER MOTOR VEHICLE

MOTOR CARRIER NAME

US DOT NUMBER

AUTHORITY/FILE NUMBER

ADDRESS

CITY

STATE

ZIP CODE

DRIVER INFORMATION DRIVER NAME (LAST, FIRST, MIDDLE)

DATE OF BIRTH

LENGTH OF EMPLOYMENT YEARS

CDL /DL NUMBER

STATE

LICENSE CLASS A B

MONTHS

EXPIRATION DATE OF MEDICAL CERTIFICATE C

D

M

COMPLETE THE FOLLOWING TWO QUESTIONS AS IF DOING A RECAP OF HOURS IN TIME DOCUMENTS AT TIME OF THE ACCIDENT. AT TIME OF THE ACCIDENT, TOTAL HOURS DRIVING SINCE LAST OFF-DUTY PERIOD.

TOTAL HOURS ON DUTY DURING THE PREVIOUS (FILL OUT ONE ONLY, BASED ON TIME DOCUMENTS)

DOES YOUR DRIVER HAVE A MEDICAL WAIVER

TYPE OF WAIVER (SIGHT, DIABETES, AMPUTEE, ETC.)

YES

7 CONSECUTIVE DAYS ____________ 8 CONSECUTIVE DAYS ____________

NO

DRIVER INJURY INFORMATION YOUR DRIVER KILLED

YES

YOUR DRIVER INJURED

NO

YES

RELIEF DRIVER KILLED

NO

YES

RELIEF DRIVER INJURED

NO

YES

TOTAL NUMBER OF PASSENGERS

NO

_____KILLED

_____ INJURED

OTHER DRIVER INJURY INFORMATION TOTAL NUMBER OF OTHER DRIVERS _____KILLED

TOTAL NUMBER OF OTHER PASSENGERS

_____ INJURED

_____KILLED

_____ INJURED

TOTAL NUMBER OF PEDESTRIANS

TOTAL NUMBER OF BICYCLISTS

_____KILLED

_____KILLED

_____ INJURED

_____ INJURED

OTHER MOTOR CARRIER INFORMATION (IF 2 OR MORE MOTOR CARRIERS WERE INVOLVED) MOTOR CARRIER NAME

VEHICLE LICENSE # AND STATE

DRIVER'S NAME

DRIVER'S LICENSE # AND STATE

MOTOR CARRIER VEHICLE INFORMATION YEAR

MAKE

UNIT NUMBER

TRUCK/TRACTOR/BUS LICENSE PLATE NO. & STATE

TOTAL NO. OF AXLES INCLUDING TRAILERS

VEHICLE TYPE (SELECT APPROPRIATE TYPE) 1

Triples (tractor with 3 trailers

5

Standard Tractor/Semi Trailer

9

Heavy Haul

2

Triples (truck with 2 trailers)

6

Straight Truck

10

Bus/Van (8 or more passenger capacity)

3

Straight truck-full trailer

7

Bobtail

11

Auto/Pickup

8

Saddlemount

4

735-9229(4-05)

Doubles (any)

CONTINUED ON REVERSE


CARGO BODY TYPE (CIRCLE ONE)

VAN

FLATBED

TANKER

MOBILE HOME TOTER WRECKER

CONTAINER

PASSENGER

FIXED LOAD

POLE

DROP-BOX

HEAVY HAUL

TOTAL LENGTH OF VEHICLE/COMB

DUMP

BELLY-DUMP

GARBAGE

CAR CARRIER

BULK-HOPPER

MIXER

LIVESTOCK

SADDLEMOUNT

UTILITY

TOTAL WIDTH OF VEHICLE OR CARGO

CARGO WEIGHT

GROSS VEHICLE WEIGHT

COMMODITY INFORMATION COMMODITY BEING TRANSPORTED AT TIME OF CRASH WAS A HAZARDOUS COMMODITY BEING HAULED

YES

WAS HAZARDOUS MATERIAL RELEASED FROM THE VEHICLE CARGO(NOT A FUEL RELEASE)

NO

YES

NO

HAZARD CLASS

CRASH INFORMATION LOCATION OF CRASH (NEAREST CITY OR TOWN)

HIGHWAY AND MILEPOINT/STREET/COUNTY ROAD

DIRECTION OF YOUR VEHICLE (CIRCLE)

N DATE OF CRASH

TIME

S

E

W

DAY OF THE WEEK (CIRCLE ONE)

AM PM

MON

TUES

WED

THU

FRI

SAT

SUN

CONDITIONS AT TIME OF ACCIDENT WEATHER

(CIRCLE ONE)

ROAD SURFACE

(CIRCLE ONE)

LIGHT CONDITION

(CIRCLE ONE)

1. CLEAR

2. RAIN

3. SNOW

4. CLOUDY

5. SLEET

1. DRY

2. WET

3. SNOWY

4. ICY

5. OTHER

1. DAY

2. DAWN

3. DUSK

4. ARTIFICIAL LIGHTS

6. FOG

7. OTHER

5. DARK

6. OTHER

DESCRIBE WHAT HAPPENED BY CHECKING ALL BOXES THAT APPLY. YOUR VEHICLE IS ALWAYS NO.1. IF OTHER VEHICLES WERE INVOLVED, COMPLETE COLUMNS 2 & 3 TO CORRESPOND TO THE ACTIONS OF THE SAME NUMBERED VEHICLES LISTED ABOVE UNDER "OTHER DRIVER INFORMATION". VEHICLES

1

2

ACTION

3

VEHICLES

1

2

ACTION

3

VEHICLES

1

2

ACTION

3

SLOWING - STOPPING

PASSING

JACKKNIFE

STOPPED

CHANGING LANES

OVERTURN

REAR-END

SIDESWIPE

SEPARATION OF UNITS

BACKING

HEAD-ON

FIRE

MAKING RIGHT TURN

SKIDDING

EXPLOSION

MAKING LEFT TURN

VEHICLE OUT OF CONTROL

CARGO SHIFT

MAKING U TURN

ROLL-AWAY

CARGO SPILL (HAZARDOUS)

PROCEEDING STRAIGHT

CONTROLLED RR CROSSING

CARGO SPILL (NON-HAZARDOUS)

INTERSECTION

UNCONTROLLED RR CROSSING

OTHER (DEER, GUARDRAIL, ETC)

ENTERING TRAFFIC (FROM SHOULDER,

RAN OFF ROAD

MEDIAN, PARKING STRIP OR PRIVATE DRIVE)

DID YOUR VEHICLE STRIKE A PARKED VEHICLE

YES

NO

WAS YOUR PARKED VEHICLE STRUCK BY ANOTHER VEHICLE

YES

NO

DESCRIPTION OF ACCIDENT BY CARRIER OFFICIAL

NAME AND TITLE OF PERSON SIGNING REPORT

TELEPHONE NUMBER(S)

SIGNATURE I CERTIFY THE INFORMATION PROVIDED IS TRUE AND ACCURATE

DATE


What if I am facing other charges along with my Oregon DUI?

Additional offenses generally fall into two categories: violations and crimes. Violations--such as careless driving, VBR, failing to obey a traffic control device--are punishable only by a fine (and rarely a license suspension). Traffic crimes--such as reckless driving, hit and run, assault, and criminal mischief--are more serious because a conviction may result in jail time and nearly always result in a license suspension or revocation of some length. Criminal offenses are punishable by possible jail time, fines, and a mandatory driver license suspension. Some of the more common offenses which accompany DUII charges are outlined below.

The Oregon DUII Guide


CRIMINAL CHARGE

HOW COMMITTED

SUSPENSION / REVOCATION

Operating vehicle in a 90 day suspension Reckless Driving reckless manner (longer if prior (misdemeanor) endangering persons or conviction(s)) property. Criminal Mischief in the Recklessly damages 90 day suspension Second Degree property of another in an (longer if prior (misdemeanor) amount exceeding $500. conviction(s)) Assault in the Fourth Degree Recklessly causing physical One year suspension (misdemeanor) injury to another person. Failure to Perform the Duties Committing a hit and run 90 day suspension of a Driver after damaging property of (longer if prior (property damage onlyanother. conviction(s)) misdemeanor) Failure to Perform Duties of a Committing a hit and run One year revocation Driver after injuring or killing (five years if someone (injury / death to anotheranother person. died) felony) Recklessly Endangering Recklessly creating a risk of 90 day suspension Another Person serious physical injury to (longer if prior (misdemeanor) another. conviction(s)) Keep in mind that you cannot enter diversion on any criminal charges other than a DUII charge. Contact an experienced Oregon DUII lawyer to learn more.

The Oregon DUII Guide


What type of penalties might I face if I am convicted of reckless driving in Oregon?

Charges such as reckless driving, misdemeanor failure to perform the duties of a driver (hit and run property damage), recklessly endangering, and criminal mischief in the second degree have fewer required penalties than the crime of DUII. When convicted of one of these charges, you can expect a sentence of probation, a fine, an order of restitution if applicable, and at least a 90 day license suspension. Jail time is possible though not required. The amount of jail time, if any, will depend primarily on the seriousness of the incident and the defendant's driving record.

The Oregon DUII Guide


Are there any special concerns if I have a commercial driver license (CDL) and got arrested for DUII? Unfortunately, yes. In 2005, the Oregon Legislature made a number of changes effecting CDL holders. Among other things, a person may enter Oregon's DUI diversion program only if the driver did not hold a commercial driver license on the date of the commission of the offense. 'Holds a commercial driver license' means a person has a commercial driver license that is: (1) valid; (2) expired less than one year; or (3) suspended, but not canceled or revoked.

The Oregon DUII Guide


But I wasn't driving commercially at the time of my arrest, so even though I have a CDL I can enter the diversion program . . . right? No. No CDL holder may enter the DUII diversion program regardless of whether or not they were driving commercially at the time of the arrest.

The Oregon DUII Guide


I have a commercial driver license. How long will my CDL be suspended for if I am convicted of a DUII? For a first DUII conviction, your commercial license will generally be suspended for one year (the same length as your non-commercial Class C license). This one year suspension applies regardless of whether you were driving a commercial vehicle at the time of your DUII arrest. However, if you were operating a commercial vehicle and transporting hazardous materials while under the influence, your CDL will be suspended for three years for a first DUII conviction. For a second DUII conviction you lose your commercial license for life. You have the right to reapply for a CDL after 10 years. Keep in mind that "a person's commercial motor vehicle driving privileges may be suspended without affecting the person's privileges to operate vehicles which may be operated with a Class C driver license." OAR 735-070-0035(1).

The Oregon DUII Guide


How long will my CDL be suspended for if I failed or refused a breath / blood / urine test? If you're not driving a commercial vehicle, your CDL will be suspended for same length as Class C license holders. Those suspensions lengths are outlined in the table near the top of the page. If you were driving a commercial vehicle, you face a suspension as outlined in the table below: TEST FAILURE OR REFUSAL WHILE DRIVING A COMMERCIAL VEHICLE Breath / Blood / Urine Test Refusal Breath / Blood / Urine Test Refusal while Transporting Hazardous Materials

CDL SUSPENSION LENGTH 3 years 5 years

Breath / Blood / Urine Test Refusal - Increased₁

lifetime

Breath / Blood Test Failure₂

1 year

Breath / Blood Test Failure₂ while Transporting Hazardous Materials

3 years

lifetime Breath / Blood Test Failure₂ - Increased₁ Note 1: Suspension lengths are increased if any of the following has occurred prior to the current DUII arrest: a DUII conviction; a suspension under implied consent law; or a conviction for failure to perform the duties of a driver (hit and run). See ORS 809.404(2) for more information. Note 2: You fail a breath or blood test while driving a commercial vehicle if your BAC registers 0.04% or greater. Note 3: Hardship permits are NOT available to drive commercial vehicles. The Oregon DUII Guide


Are there special concerns for licensed pilots who get an Oregon DUII? Yes. The FAA has special reporting requirements for certain Motor Vehicle Actions including DUI convictions and certain administrative (implied consent) driver license suspensions. Learn more here. The FAA will not necessarily take action against your pilot's license for receiving a DUII, but it is vital that you report the incident if required.

The Oregon DUII Guide


Are there any concerns for mariners licensed by the United States Coast Guard who get an Oregon DUII? Yes. An applicant for a Coast Guard credential must disclose all criminal convictions on their application form. In addition, the Regional Exam Center (REC) performs a National Driver Register check on applicants. Once a DUII conviction is identified, the REC evaluates the applicant's reported conviction and associated facts.

The Oregon DUII Guide


I have an OLCC servers permit. Will my DUII cause me to lose my permit? Possibly. Service permits are issued by the Oregon Liquor Control Commission to employees who serve alcohol in restaurants, taverns, bars, lounges, clubs, and other businesses. Oregon law requires you to have a service permit if you work at a business with a liquor license that allows customers to drink on the premises and you mix, serve, or sell alcohol in any manner. Managers who supervise employees who mix, serve, or sell alcohol must also have a service permit. Consult the OLCC's website to determine if a DUII conviction will affect your permit. Generally, a first DUII will not.

The Oregon DUII Guide


Are there special concerns for licensed professionals who are arrested for a DUII? Yes. If you are a health professional that is (1) license by; or (2) certified by; or (3) registered with one of the following Boards: • • • • • • • • • • • • • • • • • • • • • • •

State Board of Examiners for Speech-Language Pathology and Audiology; State Board of Chiropractic Examiners (chiropractors); State Board of Clinical Social Workers (LCSW); Oregon Board of Licensed Professional Counselors and Therapists; Oregon Board of Dentistry (Dentists); Board of Examiners of Licensed Dietitians; State Board of Massage Therapists; Board of Naturopathic Examiners (Naturopathic Physician); Oregon State Board of Nursing (Nurse, RN’s); Board of Examiners of Nursing Home Administrators; Oregon Board of Optometry (Optometrists); State Board of Pharmacy (Pharmacists); Oregon Medical Board (Doctors, Physicians, Surgeons); Occupational Therapy Licensing Board (Occupational Therapists); Physical Therapist Licensing Board; State Board of Psychologist Examiners; Board of Radiologic Technology (Radiology Technicians); State Board of Direct Entry Midwifery (Midwives); State Board of Denture Technology (Denturists); Respiratory Therapist Licensing Board; Department of Human Services, to the extent that the department certifies emergency medical technicians (EMT’s); Oregon State Veterinary Medical Examining Board (Veterinarians, Vets); or State Mortuary and Cemetery Board. The Oregon DUII Guide


Then you must self-report, to the appropriate board, either a misdemeanor or felony conviction within 10 days of the conviction or if you are arrested for a felony, you must report the arrest within 10 days of the arrest. See House Bill 2059 (2009). Most DUI arrests are misdemeanor offenses which are not subject to mandatory reporting. Successful completion of diversion results in a dismissal of the DUI charge which would also not require reporting. However, a DUI conviction or a conviction of reckless driving / hit and run or another crime must be reported within 10 days of the conviction / sentence. An arrest for a felony DUII or felony hit and run would require reporting.

The Oregon DUII Guide


Are there programs for health professionals that have an alcohol or other substance abuse problems?

Oregon physicians may wish to consider contacting the Board of Medical Examiners’ Health Professionals Program (HPP). The mission of the HPP is to protect public health through maintenance of the health of licensees of the Oregon Board of Medical Examiners. HPP services include confidential consultation, intervention, assessment, referral, recovery monitoring, and relapse management. HPP will facilitate the intervention for individuals identified with possible substance use disorder, conduct an initial assessment and refer for a multi-disciplinary evaluation and/or treatment as recommended. Once a licensee diagnosed with a substance abuse disorder has completed a primary phase of treatment, an HPP agreement for continuing care monitoring is implemented. Standard monitoring lasts a minimum of five years and includes an individualized plan of therapeutic recovery activities as well as random urine toxicology screening. Evidence of recovery is obtained through behavioral observations, evidence of healthy choices, and active participation in recovery activities. Participants will be drug tested. Learn more about the HPP here. Medical students should read this information. Oregon dentists may wish to consider contacting the Board of Dentistry Confidential Diversion Monitoring Program. Oregon nurses may wish to contact the Oregon Nurse Monitoring Program.

The Oregon DUII Guide


What will a DUII do to my ability to enter Canada?

Having any type of drunk driving (DUII) conviction generally makes you inadmissible to Canada for at least 10 years. On rare occasions, a person may be deemed rehabilitated when less than 10 years has elapsed since the conviction. Refer to Canada's Citizen and Immigration website to learn more about entering Canada following an Oregon DUII conviction. Keep in mind that if you successfully complete the Oregon diversion program you will not be convicted of a DUII offense. However, you should avoid attempting to enter Canada while you are in the diversion program as your case will show as "pending" until dismissal.

The Oregon DUII Guide


I missed my court appearance. What do I do now?

Failing to appear (FTA) for court is to be avoided. When you miss a court appearance, you could be charged with a separate crime known as "Failure to Appear in the Second Degree" or "Failure to Appear in the First Degree." At a minimum, the court will issue a warrant for your arrest (known as a bench warrant). Talk to your lawyer. If you are in Multnomah County, your lawyer may be able to scheduled a court appearance to recall your bench warrant. Sometimes, your only option is to turn yourself in at the jail on the outstanding warrant. A new court date will then be scheduled for your appearance.

The Oregon DUII Guide


I have a warrant for my arrest for an old DUII charge in Oregon, and I live in another state. Will Oregon seek to extradite me back to Oregon?

Oregon generally does not extradite persons from out of state for misdemeanor warrants. However, if you failed to appear for a felony DUII offense, Oregon very well will seek to bring you back if you're ever arrested in your home state.

The Oregon DUII Guide


I am having trouble getting my license back after a DUII conviction some years back. Can a lawyer help me?

Probably not. To reinstate your license contact the Oregon DMV and find out exactly why you are suspended. You may be suspended for any one of a number of reasons such as: • • • • •

failing to appear in court; failing to pay fines or fees; failing to install an ignition interlock device; failing to provide or maintain an SR-22; failing to provide proof of treatment completion.

Once you know the exact reason(s) that you're suspended, you must take the steps to fix the problems. Generally speaking, a lawyer will not be able to relieve you from the DMV's requirements.

The Oregon DUII Guide


Can I represent myself in court on my DUI and / or other charge(s)?

Yes. You have a constitutional right to represent yourself on any criminal charge no matter how serious. Keep in mind that DUI defense is a complex area of the law as evidenced by the information above. If you cannot afford to hire your own counsel, you definitely should apply for court appointed counsel to represent you. You have no right to court appointed counsel on an appeal of your implied consent license suspension. If you would like to hire an Oregon DUII lawyer for your charge, consider contacting David Lesh at 503.546.2928. There is no charge for the initial consultation.

The Oregon DUII Guide

The Oregon DUII Guide  

What happens following an Oregon DUII arrest.

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