I just got a DUI in Portland

[Dvipercop]

BUT - the lesson learned:
1 - You can delay the test by pulling my "changed my mind" trick which got me an extra hour to sober up



Unfortunately in Oregon this would count as a refusal to blow which is worse for you in the long run.

[Fastbrew]

Bummer dude. Of all the times we spin our wheels sober and don't get stopped - bad luck. I stopped drinking and operating vehicles when I started riding motorcycles years ago. It gave me a feeling for how much even one beer affects my handling.

[stugray]

Originally Posted by Dvipercop

BUT - the lesson learned:
1 - You can delay the test by pulling my "changed my mind" trick which got me an extra hour to sober up

Unfortunately in Oregon this would count as a refusal to blow which is worse for you in the long run.

In CA and CO, you have (had) to do either a blood OR a breath - your choice.
I just changed my choice at the last minute.

[Dvipercop]

Originally Posted by stugray

In CA and CO, you have (had) to do either a blood OR a breath - your choice.
I just changed my choice at the last minute.

I understand, just saying in Oregon that would count as a refusal to blow. Good option for those in CA or CO though.

[wrohdejr]

The delay thing doesn't work. Also for FYI the Blood is more accurate then the breath. You alcohol stays longer in your blood then it does in your lungs. Also you are more likely to have a higher number with the blood then the breath if taken at the same time. So trying to delay the test doesn't do anything except seal your fate. While i don't recommend this to anyone, i would just keep saying i want to speak to my lawyer before consent. If it's late at night or the weekend it can take hours or even days for the lawyer to show up.

[BRZPDX]

What about the old turn off car when getting pulled over, chug a beer right in front of the cop. drinking in your car is legal if the vehicle is shut off. now they won't know if you were drinking before you chugged that beer. old trick in Japan, keep a small bottle of sake in the glovebox, just in case.

[evan]

Originally Posted by BRZPDX

What about the old turn off car when getting pulled over, chug a beer right in front of the cop. drinking in your car is legal if the vehicle is shut off. now they won't know if you were drinking before you chugged that beer. old trick in Japan, keep a small bottle of sake in the glovebox, just in case.

All the good ideas are JDM..yo.

[wrohdejr]

Most states have clauses in the law that say intent to drive. This means you can get a duii even if the car is off. Example passed out in the front seat or sleeping in a car with the keys with in reach. If there is an intent to operate you can get a a Duii.

[DarrenDriven]

I went to the Victim Impact Panel at Emmanual Hospital ($50 cash). It was a two-hour presentation in a large (100+ seat) auditorium. The first hour was a retired trauma nurse talking about some of the worst DUI-related incidents that she had personally responded to. I was surprised that her slide show was not more graphic, more of a PG-13 show. I think that the shock value aspect of this presentation was undervalued. The second hour was supposed to be three different victims of DUI speaking, but one cancelled, so there were only two. The first was a Mexican guy who had been drunk and crashed his own car, severely injuring himself. The second was a 50's-aged guy who had killed a teenage girl who had been walking on the side of the road. He got eight DUIs in five states before this happened, and he was sent to prison for ten years. Wow.

Meanwhile, my insurance found out that I have a suspended license and sent me cancellation notices for all four of my vehicles. I just sold my FR-S and motorcycle, so I don't care about two of them, but I am hoping that I can get my hardship permit paperwork finalized before the cancellation begins on the other two. My agent thinks that I can prevent the cancellations if I get my license back before the cancellation starts. Getting the SR-22 paperwork from State Farm took three weeks! My hardship permit application depended on this paperwork, so even though I started the application early I still got it in over a week after I could have. It takes at least a week to process after DMV receives it in Salem, so I am just waiting at this point. I still don't know the cost of the SR-22 through State Farm, but I will find out soon.

Overall not being able to drive hasn't impacted me as much as I thought it would. I have enough friends, family and neighbors that I haven't had any issues getting rides when I need them. I figured out the Trimet app and getting around on the bus/MAX hasn't been too much of a hassle. (With the exception of New Years Eve, when buses stopped running after midnight but I didn't know that because my phone had died).

More to come. Added insurance costs? Relapse issues? (hell no!)

[Elkton86er]

Originally Posted by BRZPDX

What gets me is dining out and events. I know if I go to a club/bar/party I'm getting fucked up so I pre arrange transportation. but basketball games, dinner dates, I'm gonna have a couple cold ones and drive home.

I used to work with a guy who had a high level job and went to a Phillies game one night. Drove about a mile to the home of the "designated driver" who drove the gang to the game and back. Rain delays & etc., led to more than expected drinking. Got back to the friends house after the game and was driving the mile back home when he hit a pick-up truck with some kids riding loose in the back. One of them died at the scene.

All we knew was that he was replaced at work. About a year later he visited the workplace as part of his sentence and related to us his story and his 18-month jail term (this was in the early 90s). Lost his job, convicted felon, guilt of taking a life, had to tell his 6-year-old kid that "Daddy is going to jail". His only silver lining was that he had a $1 milliion liability insurance umbrella policy which lawyers for the kid's family immediately settled for so he didn't have a huge civil judgement hanging over him when he got out of jail. Otherwise it completely ruined his life.

I've had a liability umbrella policy ever since hearing this story...

[BRZPDX]

Originally Posted by Elkton86er

I used to work with a guy who had a high level job and went to a Phillies game one night. Drove about a mile to the home of the "designated driver" who drove the gang to the game and back. Rain delays & etc., led to more than expected drinking. Got back to the friends house after the game and was driving the mile back home when he hit a pick-up truck with some kids riding loose in the back. One of them died at the scene.

All we knew was that he was replaced at work. About a year later he visited the workplace as part of his sentence and related to us his story and his 18-month jail term (this was in the early 90s). Lost his job, convicted felon, guilt of taking a life, had to tell his 6-year-old kid that "Daddy is going to jail". His only silver lining was that he had a $1 milliion liability insurance umbrella policy which lawyers for the kid's family immediately settled for so he didn't have a huge civil judgement hanging over him when he got out of jail. Otherwise it completely ruined his life.

I've had a liability umbrella policy ever since hearing this story...

That's some scary shit..

[DarrenDriven]

After DMV returned my thick envelope containing the hardship application for having $0.15 too little postage (I even put an extra stamp on it to make sure it arrived!), then lost some of the paperwork after I re-mailed the application, I eventually got my hardship permit a full month after filling out the application. With the hardship, I could drive from 10a-10p seven days a week within the four counties that make up metro Portland. I'm thankful that I am self-employed so I could make up any reason to drive instead of being confined to just driving to work and back. After a month of my hardship I got my full license back and now I can drive anywhere, anytime, as long as I am driving a vehicle with the ignition interlock installed.

I finished out my 90 days of drug and alcohol group sessions, consisting of the entrance interview, fourteen weekly sessions and an exit interview -- along with six pee tests along the way. I actually started to enjoy the sessions as the weeks went by. It got entertaining and at 90 minutes they weren't really long enough to get too boring. Of course, now that I have finished with them I won't miss them!

At this point I just have to finish out the year with the interlock installed in any vehicle I drive, and not operate a vehicle under the influence of any intoxicants. It sounds easy, but 40% of offenders get a second DUI! I will not be one of them.

[Traxem]

Originally Posted by Dvipercop

I understand, just saying in Oregon that would count as a refusal to blow. Good option for those in CA or CO though.

I'm an attorney, but I work only in WA. $2,500 is cheap for a DUI attorney. If you get a DUI, always get an attorney. The subject is very politically sensitive; no judge or prosecutor want to be labeled as being easy on DUI. You have an uphill battle from the start and it requires some manuevering in the system to get favorable results.

As for "waiting", it doesn't always work because alcohol takes time to absorb into your body. This explains why sometimes the BAC results is higher an hour after the arrest.

Secondly, if you refuse to blow at the police station (not the portable machine carried by the cop), you will get a refusal ticket plus a one year suspension. Then the police will obtain a warrant to draw your blood. This is WA law, which should be similar to other states. After the arrest, the DOL will suspend your license (without a conviction--they shoot first) unless you can show that there is potentially a problem with the stop or charge. In my office, we retain an expert ($300) who will review the report and provide an opinion. For example, if the police described in his report that his reason for suspecting that you had been drinking is from the glassy eyes and flushed red skin tone, you will need an expert (e.g., scientist, doctor) to explain that these are actually indicative that someone is NOT intoxicated (which is true, but most people don't know this and neither you nor your lawyer will be qualified to testify about this). Always get a lawyer!

I hope this helps!

[DarrenDriven]

Thanks @Traxem!