DUI in Oregon -seeking advice, stories

robwessel · Post by **robwessel** » Sat Mar 01, 2008 5:43 am

A week ago I recieved a DUI charge in Portland. I am a first-time offender with no prior arrest history of any kind (although I have had run-ins with the law on the playa as well, but that's another story).

I'm looking for constructive advice and insight from people who have had
DUI charges in Oregon within the past few years, or from people who are familiar with the process.

In particular I'd like to hear about people's personal experiences, and advice regarding, 1)license suspension hearings (with the DMV); 2)court appearances and court-appointed lawyers, and 3)the Diversion program.

Thanks very much.

Rolan Headon · Post by **Rolan Headon** » Sat Mar 01, 2008 3:05 pm

You might try this question on the 12 step thread...

MrMullen · Post by **MrMullen** » Sun Mar 02, 2008 10:22 am

I know you are looking for constructive advice but I am going to call you a dumb ass anyway. With that out of the way, here is my constructive advice, from the perspective of a California resident.

If you really do have a drinking problem, a DUI is a key sign that you maybe, you really need to sit down and be honest with yourself and if your partner and figure that out. Don't listen to your other drunk friends, listen to people who really know you and will really be honest with you.
Next, if Oregon is anything like California, be prepared to separate yourself from about $20,000 in hard earned money.

If you want a leg up before finding yourself in front of a judge, start attending AA meetings now and get your Court Mandated Card started now. When you find yourself in front of the judge, having a good start on filling out this card will help a lot. It's the whole, "I have a problem, I realize that and I am doing something about it" thing. In California, it helps and in some cases, a lot.

That is about the only advice on the subject I can give. Oh ya, stop drinking and driving because if you really hurt some one, being a "Burner" in real prison just means your the ass toy to some serious criminals.

Badger · Post by **Badger** » Sun Mar 02, 2008 1:16 pm

Back to the advice.

Assuming you get a lawyer and not a public defender you might ask if s/he has a forensic toxicologist on retainer. I hear they cam be pricey but a friend had one step up to the plate and the charges - all charges were thrown out. That and the fess were still less than the total amount for the potential fines that would have been slapped on him by the courts and DMV.

dana · Post by **dana** » Sun Mar 02, 2008 3:03 pm

Well if you are seriously considering a court appointed lawyer (public defender), the only reason to do so is poverty.
Its bad math time. How much money to waiste for how much benefit.
I've had friends who pleaded out in Colo. with minimal damage (and absolutely no more drunk driving.)

Unlike the harsh criticism from one or two here - the simple fact is that we all fuck up at times til we learn better, especially when you're younger. When I was young I drove when I was drunk a few times. I got pulled over twice and ran into very understanding and amazingly considerate officers. (One made me pull over and camp in Wyoming, and the other drove me home in Missouri.)

Now it is a whole different ball game. Serious penalties and officers can be a little nastier . Take a look at the police officer's report immediately. If he is blatantly lying about what happened, expect it to get ugly in court.

Post by **mdmf007** » Sun Mar 02, 2008 7:44 pm

Get the best attorney you can get.

And dont simply do what a buddy of mine did and fold, his public defender just let the DA do his thing.

He now has 400 hours of community service
1000 dollar fine
2 years of probation
cant leave state of WA
PO meetings monthly
3 AA meetings a week.

Ridiculous when I see others pay 3-5k on an attorney and walk, He doesnt have that kind of dough and got burned.

Rolan Headon · Post by **Rolan Headon** » Wed Mar 05, 2008 12:17 am

I think Dana is right...the only time to ever trust yourself to a PD is poverty, borrow the money from family if possible...there but for luck go most of us and hopefully you've learned a hard lesson -- alcohol is a hard drug and tho much encouraged is a gateway-to-tragedy drug. They'll never win the war on drugs as long as sport figures are pushing the Jesus drug to children. Yes I drink and am not a molecule holier than you.

The laws are financialy harsh indeed and the bars and sporting events are serving us who drove there...

mojo · Post by **mojo** » Wed Mar 05, 2008 11:16 am

I think that in most states, if you are offered Diversion, TAKE IT!. It usually means a "no harm, no foul" outcome with only minor fees to be paid for court costs and program costs. There will be no conviction on your record and your license will not be suspended. Usually in order to participate, you will have to petition the court, be interviewed, and attend the alcohol education program.

It also usually means no community service or jail time as well.

Rob the Wop · Post by **Rob the Wop** » Wed Mar 05, 2008 12:00 pm

I don't have advice, but I do have a story.

A couple friends of mine were coming home from a bar down the street on their golf cart. Unfortunately, the cart had broken down so the guy was pushing the golf cart along the side of the road while his girlfriend and her friend were in the cart. A drunk driver swerved off the road, crushing the guy between his car and the golf cart. The girlfriend was slammed into the steering wheel, then tossed out of the cart. Her friend seen it at the last instance and was able to jump out in time. Her friend then got up and prevented the driver from leaving the scene with two people unconcsious and bleeding. Had she not been there, both my friends would be dead.

The guy lost his leg. He used to be an avid martial artist, he spent many years and loved competing. No more. The girl had internal injuries and some damage to her liver that severely limits what she can drink and will most likely have issues as she grows older.

The driver was just fine, not a scratch on him.

You will find I have little sympathy for drunk drivers nowadays. The are very rarely the ones that pay for their drinking when something happens. Hopefully you will pay for it now and learn.

theCryptofishist · Post by **theCryptofishist** » Thu Mar 06, 2008 8:15 pm

Thank you, Rob the Wop.
Rest in Peace, Scottmoof[url] Rest in Peace, Sweet, Sweet Margaret. ... to court.

ragabashpup · Post by **ragabashpup** » Thu Mar 06, 2008 9:20 pm

I can not condone drunk driving but I do know Oregon is really harsh on it. My SO's step brother is in jail for killing a woman while driving drunk. He is only in for 7 years, I wish it was longer. He took her life away and she was only 24.

I actually left my own brother in jail when he got picked up for a DUI. I have no sympathy whatsoever. At 24 years old I know lets see...7 people that have died as a result of drinking and driving. Some of them were driving. Others were passengers and some were in a different car.

I would like to see harsh punishments for anyone caught drinking and driving...because if it was my child that died as a result of it I would have to hunt the person down..and do very bad things to them and I would be the one going to jail afterwards.

I have been lurking on this one since it started and finally decided to open my trap.

Badger · Post by **Badger** » Fri Mar 07, 2008 8:23 am

The original poster wasn't asking for your opinion of his actions. He was asking about advice on how to deal with a tough situation which he finds himself in.

I'm sure no one knows just how much he fucked up more than he does. Reminding him of it only makes you come across as sanctimonious in spite of the loss of friends you've suffered.

Kinetik V · Post by **Kinetik V** » Fri Mar 07, 2008 10:12 am

The original poster put this topic into "Open Discussion". Considering how much attention is focused on DUI prevention these days, and how so many people have been impacted by injuries or death to friends, family, or even themselves by DUI stupidity staying silent is not an option.

In short this ain't the 3playa and it's closed off definition of community...we will speak up and one may not always like what we have to say...but it will get said. Perhaps if less time was spent trying to curb alleged sanctimonious behavior and it was spent instead on pounding the message home on just how bad this sort of behavior is...that....would be time well spent.

dana · Post by **dana** » Fri Mar 07, 2008 11:13 am

Well there's another wrinkle that the original poster didn't mention, which was the blood alcohol level. They have dropped the acceptable level in most states now (I believe.) Two drinks and you may get nailed, (but still be reasonably functional.)

I have seen someone in a remote part of Northern California barreling down the highway, weaving all over it (so that I just pulled over and stopped.) As he passed I saw him pouring back a beer. At the time I felt like the appropriate penalty would be a bullet to the head.

But thats not quite the same kind of drinking most of us will get busted for.

Token · Post by **Token** » Fri Mar 07, 2008 3:07 pm

DUI is a broad term and can cover anything from driving while under prescription medication, smoking pot in a convertible to boozing it on the road. OP did not say which.

The mention of the Diversion Program, a vehicle usually reserved for ones first drug offense, maybe hints that we are taking controlled substance other than liquor.

Either way, and especially if drug related, do whatever it takes to get a good attorney, not a public defender. Borrow money, fill up credit cards, etc. Drug offenses will keep you from getting a good job later in life, when they do background checks on you.

The Diversion Program is a great way to get your "slap on the wrist, get out of jail free card", do community service, AA/NA, counseling etc over months to years of probation and then as a reward: never have a judgment entered by the court (Deferred Entry of Judgment). With Diversion and DEJ, you can later legally claim that you have never been convicted. You can't buy a gun, but you can get a good job.

Good luck and do use that diversion program.

ibdave · Post by **ibdave** » Fri Mar 07, 2008 4:59 pm

Kinetic V wrote:The original poster put this topic into "Open Discussion". Considering how much attention is focused on DUI prevention these days, and how so many people have been impacted by injuries or death to friends, family, or even themselves by DUI stupidity staying silent is not an option.

In short this ain't the 3playa and it's closed off definition of community...we will speak up and one may not always like what we have to say...but it will get said. Perhaps if less time was spent trying to curb alleged sanctimonious behavior and it was spent instead on pounding the message home on just how bad this sort of behavior is...that....would be time well spent.

Kinetic, I know it's been a bad week/month for you, but badger really didn't say anything bad at all... stop and smell some rose's.... ommmm ommmm

Badger · Post by **Badger** » Fri Mar 07, 2008 5:16 pm

Not to worry. He's in his cyclical stalking mode again.

It'll pass as soon as he transitions over into the other polar mode.

theCryptofishist · Post by **theCryptofishist** » Fri Mar 07, 2008 9:11 pm

Badger wrote: I'm sure no one knows just how much he fucked up more than he does. .

What makes you so damn sure? He didn't say anything. Lots of people have multiple duis with no apparent learning. IF this a wake up call and he never does it again, never, never, never then I don't mind if he minimizes teh damage. If he don't learn, I hope a bloodsucking werewolf sucks him dry.

Rolan Headon · Post by **Rolan Headon** » Sat Mar 08, 2008 6:21 am

(Wish the straight world would drop the lie that alcohol is somehow not a drug, in its own category.)

The promotion of alcohol is such a tragedy and a disgrace when it meshes with driving and macho images (real men can hold their booze, Indians without ten thousand generations of drinking are character flawed wimps) and the socialization of youth. Liqour store owners, especially in the ghettos are drug pushers n a way. Here in the wine country a popular motto is "All we ask is a bottle a day..." Art cars are sometimes operated by the inebriated, hopefully slowly...

Tragedy ,tragedy, tragedy...and we need to change our ways as the laws attempt to force...but I wonder how many of the righteous angry and injured commentators here have NEVER driven under the influence themselves even once?

Kinetik V · Post by **Kinetik V** » Sat Mar 08, 2008 7:35 am

Badger wrote:Not to worry. He's in his cyclical stalking mode again.

It'll pass as soon as he transitions over into the other polar mode.

It's sure good to see our resident pseudo-psychiatrist practicing internet medicine and making incorrect online diagnosis again! How's that working out for ya? Obviously not so well...you still haven't got it right after 6 years of trying.

So Badger...since you're so pious and all...how about having a chat with D/L about drinking and driving? It seems your friends have messes of their own that need to be cleaned up. But I doubt you'll say anything...you'll give it your tacit approval until one day he crashes along some bay area interstate on his way home and then you'll be like why didn't I say something when I had numerous chances to do so? And in this case you've got enough influence to really make a difference...I'm just wondering if you'll find it in yourself to speak up and prevent a tragedy...or will you instead spend your time writing some snarky reply here?

(For what it's worth when I was 16 I drove home from a party and I don't remember how I even made it home. Rather than turn a blind eye to it two of my friends pulled me aside and had that talk with me....and I never drove drunk again. From then on if there's not a designated driver I don't drink, period. But that wouldn't likely be the case if those two hadn't sat me down and talked about it.)

theCryptofishist · Post by **theCryptofishist** » Sat Mar 08, 2008 7:39 pm

Rolan Headon wrote:Tragedy ,tragedy, tragedy...and we need to change our ways as the laws attempt to force...but I wonder how many of the righteous angry and injured commentators here have NEVER driven under the influence themselves even once?

The one time that might count was after being dosed and needing to get the truck to the other side of the bay. And I waited until my ex-deputy-sheriff, husband-to-be said he thought I was okay.

theCryptofishist · Post by **theCryptofishist** » Sat Mar 08, 2008 7:48 pm

Kinetic V wrote:
Badger wrote:Not to worry. He's in his cyclical stalking mode again.

It'll pass as soon as he transitions over into the other polar mode.
It's sure good to see our resident pseudo-psychiatrist practicing internet medicine and making incorrect online diagnosis again! How's that working out for ya? Obviously not so well...you still haven't got it right after 6 years of trying.

So Badger...since you're so pious and all...how about having a chat with D/L about drinking and driving? It seems your friends have messes of their own that need to be cleaned up. But I doubt you'll say anything...you'll give it your tacit approval until one day he crashes along some bay area interstate on his way home and then you'll be like why didn't I say something when I had numerous chances to do so? And in this case you've got enough influence to really make a difference...I'm just wondering if you'll find it in yourself to speak up and prevent a tragedy...or will you instead spend your time writing some snarky reply here?

*crypto knocks Kinetic's and Badger's heads together, hard there is a resounding crack!*

I've had it with this crap. You both have behaved dispicably. You both have things to be heartily ashamed of. Neither is doing himself any credit. Just fucking stop. It's a total waste of energy, and your points are unprovable. It just looks like hissy fit at this point. I'm tired of it, it's a monumental waste of energy, and No One Fucking Cares.

Badger · Post by **Badger** » Sat Mar 08, 2008 8:04 pm

I've had it with this crap.

You know where the 'plonk' feature is darlin.' It's just a click away.