I just got a DUI in Portland

[geezer86]

Get ready for the in car breathalyzer system a Mega PITA.
I got a DUI when I was 21 a $150 fine and hand slap.
That was a lifetime ago. ( geezer)
Never got another I doubt you will either.
Penalties are disproportionate for first time offenders.
There is an industry built around mandatory sentencing for non violent offenders.
Sorry dude.

[Spartiduck]

Try 10000 plus to fight and win

[Tommysfrs]

Sorry to hear about this

[torqdork]

Very sorry to hear about this Darren, but your honestly and candor are probably helping more people here than you can imagine.

Who knows, maybe printing out this thread and showing it to your lawyer and if s/he approves could help persuade the judge toward leniency.

Otherwise, I don't have a personal experience or advice to relate. It sounds like you're doing a good job of that with (to) yourself already.

Take care...

[bboyclo]

From experience I would most certainly hire a lawyer trust me you don't want to deal with all that BS yourself man or a public defender.

[DarrenDriven]

Added to post #1... updated information about this ongoing saga.


I am going to detail the costs and inconveniences for this little deviation.

11/11/14 $50 Cost of eight beers (four for me, four for my friend)
11/11/14 $400? They didn't tow my car, but they could have!
11/12/14 $2500 Retainer for DUI lawyer (Ben Eder of Thuemmel Uhle & Eder)
12/8/14 $132 Installation and first two months for Interlock in my vehicle
12/12/14 $150 for Drug & Alcohol Abuse Assessment
12/13/14 $100 for Interlock Monitoring Fee
12/16/14 $150 for a different Drug & Alcohol Abuse Assessment, including UA
12/16/14 $50 Weekly Group Session #1 of 14
TOTAL SO FAR: $3132 (+$400 if they had towed my car)

Because I hired a lawyer I didn't have to show at my arraignment, where he entered my please of Not Guilty.

I requested a DMV hearing to challenge the validity of the stop, and I met a judge and the arresting officer in a small room in Tualatin. If the officer wouldn't have shown up my license suspension would have been thrown out, but he did show. The judge basically made the officer go step-by-step through the arrest to confirm that it was a legally valid stop. The judge was thorough and probed deeply into each detail, but the officer was very competent and ultimately the validity of the stop was found to be legitimate. I did not have to answer any questions and sat quietly through the officer's testimony.

I had the interlock device installed in my van before my license suspension began, so things would be easier for me later when my license was reinstated. It took about an hour to install at a local car audio shop. Now, to start the van I have to wait up to a minute for the machine to be ready, then blow and hum into the unit for ten seconds until it beeps and registers that I have no alcohol in my system. Five minutes later the unit beeps again and I have to blow/hum while I'm driving, then it stays quiet for at least thirty minutes. If I blow over a 0.02 then the unit will not let me start the car again anywhere from five minutes to 24 hours, and I have to pay a $50 fee. I have to have this unit installed on any vehicle I drive for the next year.

My big day in court was really not scary at all, because my lawyer prepped me and was there next to me. I qualified for diversion because I had no prior drug/alcohol issues, so I already knew what to expect. When it was my turn to go up I basically just answered a few easy questions like my name, etc, and the judge told me I was entering diversion and that I shouldn't drink from this point until diversion ended, when my misdemeanor charge would be dismissed.

Once my license suspension began I had to rely on my feet, bike, public transportation and friends to get around. It's a pain to always have to ask for help, but I have many friends willing to chauffeur me around so it's working out OK. After four weeks of mandatory suspension I qualify for a hardship permit, where I can drive for work during preset hours. I'm self-employed, so I will basically have free daytime driving privileges.

A drug and alcohol assessment that cost $150 was really just a fifteen minute sit-down in a cramped office downtown where an underpaid, overworked employee breezed through a three-page yes/no survey to determine if I was dependent on drugs or not. Total BS, but part of the deal so I can't complain.

Group sessions ($50/each) are ten people plus a counselor who sit in a circle for an hour and chat about their week. It mostly consists of one or two people talking about drama in their lives and is kind of boring, but it's only an hour. The counselor (John McMurry, Sunrise Counseling) is really nice, though, and made the group more than just bearable. I have to do this 14-15 times, with 90 days of clean UAs in order to complete counseling. UAs are "random, but I'm already told that I will have two of them in the first month, then one each of the next two months.

More to come. Insurance costs? SR22? Relapse issues? (hell no!)

[ZionsWrath]

Good luck man. I hope this doesn't affect your job/livelihood. If I got a DUI I would most likely lose my job and have to fight to keep my professional license.

I know your feel though, I am probably going to lose my license for 2 months soon. For having too many points on my license, I guess I am lucky the cop didn't write me for wreckless driving. I got a lawyer too so I don't have to worry about the court dates especially since I work night.

Also worrying what is going to happen with my car insurance. And how I am going to get around with a suspension.

Good luck.

[Special_K]

Damn dude, that sucks and I'm sorry. The scary part is that I'm sure we've all been there when it comes to deciding to drive when we legally shouldn't (I know I'm guilty of it). Thanks for the cautionary tale though, really puts into perspective how quick and forcefully driving under the influence can crash down on someones head. Here's hoping you make it through this smoothly.

[evan]

Let me know if you need any help getting around. I'm not that far
Plus I need an excuse to pull the car out of the garage..

[DarrenDriven]

Originally Posted by evan

Let me know if you need any help getting around. I'm not that far
Plus I need an excuse to pull the car out of the garage..

Thanks man! I'll add you to the list!!

[PoWn3d_0704]

@DarrenDriven, Thanks a bunch for swallowing your pride and posting all of this. I'm a 20 year old kid who has never been pulled over, but has absoutley driven after having a drink at a friends house. I guess I didn't realise how bad a DUI was, and knowing that you are here in my state really just hammers all your points home.

So really, thanks for the perspective.

[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.


Ever since my first duii, I am more careful now. I consider my self a heavy weight when it comes to drinking, so it is hard to determine the legal limit.

[stugray]

I got a DUI in California about 30 years ago, and had an interesting experience that might get someone out of one.

I got pulled over in my driveway and the cops didnt believe it was my brother's house because I couldnt recite the exact address so they refused to just knock on the door to verify and hauled me off.
So at first I said I wanted a breathalizer. After ~40 minutes waiting in the station, they brought me to the machine and asked me to blow.
I said "I changed my mind, I want a blood test".
The officer said "well why didnt you say that in the first place"
I didnt answer "because I want to drag this out and delay it as long as possible".
SO they had to put me back in the cruiser and take me to the hospital (another 20 minutes).
There they put me in a small holding cell alone while they got a nurse lined up (another 20 minutes)
While in the holding cell, I hyper-ventilated as much as I possibly could.
My idea was that by over oxygenating the blood, it would metabolize the alcohol faster.
I wasnt expecting the other effects.
By the time they came to get me, I was so over oxygenated, my eyes were "shaking" and my heart rate was elevated.
When the nurse took my blood, it was the brightest red I have ever seen and the nurse said "WOW! look at that blood! were you injured during the arrest?"
I just said "no".

Here's where I screwed up.
I should have said "Oh, does my blood appear to be abnormal? Would you please make note of that in the paperwork?"

So in the end, the test came back slighly over and I plead guilty.

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
2 - If you have the chance to seriously hyper-ventilate, the blood sample will appear abnormal.

If I had gotten them to put that on the paper work, I'm confident that I could have had the test results invalidated.

But the simplest answer is: Dont drink & drive

[Chen]

It's always the time you have to take a detour on the way home you get caught.