A recent question on our forum ask if the state could charge a driver for drunk driving eight months after the drunk driving accident occurred. The statute of limitations, which is determined by each state’s legislature, is the amount of time the state or prosecutor has to initiate a criminal case against the driver. If the state does not file the charges within the prescribed statute of limitations, the state is usually not allowed to do so in the future.

Statutes of limitations for misdemeanors and felonies can vary by state. Many states allow the state to file misdemeanor charges up to a year after the offense. Talk to a drunk driving lawyer for more information about your state.

The question that should be asked, however, is not whether drunk driving charges can be filed, but whether or not the state gathered enough evidence at the time of the drunk driving accident to prove their drunk driving case.

What does the state have to prove for a drunk driving arrest?

To convict a driver a drunk driving the state must prove beyond a reasonable doubt that the driver either was operating or intending to operate a motorized vehicle (which was operable) while they were either under the influence of alcohol or drugs (including narcotic, hallucinogenic, or habit producing drug) or that their blood alcohol concentration was 0.08% or higher.

Obviously chemical testing is the most damning evidence. It generally provides objective, scientific evidence against the driver. If the state has gathered blood alcohol concentration information against the driver the drunk driving defense attorney may discredit the evidence if they can prove:

• The breathalyzer equipment was not inspected according to established procedures or it was not in proper working order and may have registered an inaccurate blood alcohol concentration level.
• The police officer did not properly perform the test which may have registered an inaccurate blood alcohol concentration reading.
• The police officer did not follow accepted procedures or failed to give the driver accurate information prior to administering the test.

What if the driver did not take a blood alcohol content test?

Obviously, the drunk driving case becomes much more difficult for the state to prove if the driver did not take a blood alcohol concentration test, but not impossible. Drunk driving evidence can also include witness testimony, physical evidence such as a field sobriety test, slurred speech, stumbling, blood shot eyes and other physical impairments.

What do I do if I have not been charged after my drunk driving arrest?

Some drivers are stopped for drunk driving and then have to wait weeks to find out from the district attorney whether or not they have been charged for drunk driving. Keep in mind, the D.A. has months to file  their drunk driving charges and if you took a urine or blood test the D.A. may simply be waiting for the results of the blood alcohol content test to be returned to them, which could take three months or longer, before they file charges again you.

The best thing to do if you have been arrested for drunk driving is to contact a drunk driving lawyer. There are immediate steps that must be taken to stop an administrative license suspension, regardless of whether or not the state decides to charge you with a crime. A drunk driving lawyer may provide a free consultation to review your DUI case and determine the next steps. If you are arrested for drunk driving, even a first time DUI arrest, you could be facing high fines, jail time, probation and a suspended driver’s license. State laws vary, review our state DUI pages for more information about the specific penalties you might face if convicted of a DUI in your state.

Related articles

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California Minors arrested for Drunk Driving

Recently states have implemented more severe drunk driving laws for minors. Although in many states a driver may be able to legally operate a motorized vehicle with a blood alcohol concentration up to 0.08%, underage drivers or minors in the state of California are unable to legally driver if the blood alcohol content level is 0.01%.

These laws are called “zero tolerance” laws and it means that if a minor consumes as little as one beer or one class of wine, the driver can face a one year license suspension by the California Department of Motorized Vehicles (or a one delay in getting their driver’s license). Minors who refuse to the blood alcohol content test at the time of their arrest may face additional penalties such as a driver’s license suspension of one to three years. Although this is not considered a criminal offense, this civil offense is illegal under California Vehicle Code 23136.

At the time of the California DUI arrest, the California driver’s license is confiscated by the police officer, and the driver has a 10 days to request an Administrative Hearing. At the Administrative hearing the minor has the option to hire a drunk driving attorney to represent them. Minors may also have witnesses attend the hearing, testify on their own behalf and cross-examine witnesses for the state.

Minor Drivers in California with Blood Alcohol Content of 0.05% to 0.08%

Minor drivers arrested with a blood alcohol content level of 0.05% or higher face a misdemeanor drunk driving charge. Penalties become increasingly severe with every subsequent drunk driving arrest. For a first arrest the driver faces the following drunk driving penalties:

1. Fines and penalties of $100

Plus the following civil penalties (for violating California’s zero tolerance laws):

1. One year license suspension
2. Mandatory attendance in a 3 month alcohol program prior to license reinstatement
3. Possible participation in a youth drunk driving program which can include visiting the emergency room, an alcohol recovery center, talking to and visiting with the coroner and potentially interacting with victims of drunk driving accidents.
4. Additionally, a judge will expect the minor to abstain from further use of illegal drugs or alcohol

Minor Drivers in California with Blood Alcohol Content of greater than 0.08%

Minor drivers who are arrested with a blood alcohol content level above the illegal limit of 0.08% will be convicted of a California drunk driving charge. This blood alcohol content level is the illegal limit for all drivers, not just those who are over 21 years of age. If a minor is convicted of a misdemeanor drunk driving charge in California there are serious drunk driving penalties.

Penalties for minors convicted of a California drunk driving charge include:

1. 3 to 5 years informal probation
2. Six month license suspension
3. Up to one year in jail
4. Up to $1,000 in fines
5. Alcohol education course

Hiring a Drunk Driving Lawyer

If you have been arrested for drunk driving and you are a minor, this can be extremely serious. Do not wait to talk to someone about your drunk driving charges, especially if your blood alcohol concentration levels were above 0.08%.

Related articles

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• Reinstating License after Georgia Drunk Driving conviction (duiattorneyhome.com)
• Drunk Driving and Hardship License in Mississippi (duiattorneyhome.com)

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Can I appeal my drunk driving conviction?

You have just been found guilty of drunk driving and given your drunk driving sentence. This is upsetting news that could alter your life for some time. What options do you have if you and your drunk driving attorney believe that your DUI conviction was obtained through error? You can file an appeal. By filing this appeal, you ask a higher court to examine your drunk driving case and the processes surrounding it. They are looking for any errors that were made that contributed to an erroneous drunk driving conviction or unfair sentencing.

When should I appeal a Drunk Driving Conviction?

Different states have different timelines. Many states give you only 7-10 days after your drunk driving conviction to notify the court of your intention to appeal. Although the appeal must be filed in short order, the actual appeals process takes several months from start to finish. It is imperative that you speak with your DUI attorney shortly after your drunk driving conviction and decide if an appeal is appropriate.

What is involved in the drunk driving appeals process?

You must argue that due to legal error (s), the jury’s decision was affected in a negative way. The same could also be said if a legal mistake influenced the drunk driving sentencing. Your DUI attorney should state in the appeal if he believes your case should be dismissed, or if you deserve a new trial, or a re-sentencing.

It is important to note that the higher court will not consider any new DUI evidence. They will only examine the lower court’s drunk driving case and legal procedures used against you. They will study the court’s transcripts and examine any items that were admitted into evidence.

When you challenge the drunk driving conviction, your DUI attorney will file a brief with the court. The Prosecutor will file his own brief with the court saying why the state stands behind the drunk driving conviction and sentencing. In most states, you will have the opportunity to file a second brief with the court countering the Prosecutor’s brief against you. In some cases, the court may call both sides in to hear oral arguments before they reach their verdict.

What can I do during the Drunk Driving appeal process?

You could join an alcohol education program while you are waiting for your appeal to be decided. Not only could you learn something that could help you, but it would leave a good impression on the court. It shows that you are taking hold of your life and working to avoid any mishaps in the future.

Possible defenses to use during your drunk driving appeal

Maybe your original DUI attorney did not represent you properly. Your new attorney can highlight the inadequacies of your former drunk driving lawyer and explain how you were adversely affected.

If you were not told your rights before police conducted your chemical test, then you could use this to challenge your license suspension. In most states, police must explain that you have a right to refuse and then tell you the consequences if you do refuse.

If you have recently been convicted of drunk driving and believe you have a good chance at an appeal, you should contact an experienced DUI attorney in your area immediately to examine your drunk driving case.

Related articles

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A recent question posted on our forum indicated a North Carolina resident was charged with drunk driving in North Carolina, not while they were operating their motorized vehicle but while they were walking out of Walmart. The driver wants to know if this is legal and how they should fight against this drunk driving charge.

State courts have upheld that a driver, even if they were not physically driving, could be considered in “actual physical control” of their car if they were sitting in their car, had the keys in their possession or even if they were sleeping in their car.

North Carolina Drunk Driving Laws

In 2006, the North Carolina legislature made substantial changes to the drunk driving laws of North Carolina. These laws were effective December 1, 2006. According to the law, a driver “commits the offense of impaired driving if he drivers or is in actual physical control of a vehicle which is in motion or has the motor running.”

North Carolina Court of Appeals has upheld “actual physical control” statutes and state they can include:

• Admission by the driver that they were driving even if they were not seen operating the vehicle
• Drivers asleep behind the wheel
• Drivers seated in the car with the heater running
• Drivers found asleep with the engine running at a stop sign

The statute specifically related to a public vehicular area which is defined as “ a highway, any street, or any public vehicular area within this State.” The statute excludes property or land which is not open to the public for use, but the appeals court decided that private businesses and parking lots can be considered “public vehicular areas.” The ruling also stressed that whether or not the business is open or serving the public at the time of the North Carolina drunk driving arrest is irrelevant.

North Carolina defines impaired driving as either consuming drugs or alcohol to the extent that the driver has “lost normal control of their bodily or mental faculties causing appreciable impairment or their blood alcohol concentration is above 0.08% with or without mental or physical impairment observed.”

Hiring a Drunk Driving Lawyer

What is the best course of action for our driver in North Carolina? They need to talk to a drunk driving lawyer. The driver did not mention whether or not they admitted to operating the vehicle or what observations the police officer made at the time of the drunk driving arrest concerning the driver’s behavior.

For instance, did the driver stumble through the parking lot, drop a bag of groceries, fumble with their keys, get in their car and start the car- with the full intention of driving even though they were clearly intoxicated? Without more information about the DUI arrest, it is impossible to say for sure.  If there is little evidence they were intoxicated it may be helpful to get video surveillance which might prove that they were not physically impaired and not close to their car.

Drunk driving laws vary by state; talk to a DUI lawyer who understands drunk driving laws in North Carolina.

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Missouri drivers who are arrested for drunk driving and have a blood alcohol content of 0.08% or higher or who refuse to take a blood, breath or urine test will have their license suspended. The arresting officer will confiscate their license and give them a Notice of Suspension/Revocation (administrative license suspension notice).

The Notice of Suspension or Revocation or administrative license suspension notifies the driver that they will not be able to legally driver 15 days from the date of the drunk driving arrest. Drivers are allowed to request an administrative hearing, and drivers may continue to operate their motorized vehicle  for 15 days after the administrative hearing decision is mailed to them.

Requesting an Administrative Hearing after a Missouri Drunk Driving Arrest

After the driver has been issued the administrative license suspension they must make a written request to the Missouri Department of Revenue, General Counsel’s Office, P.O. Box 475, Jefferson City, MO 65105-0475.

Drivers may request an Administrative Hearing in person or via telephone. Drivers are allowed to hire a drunk driving lawyer to assist with the Administrative Hearing. Drivers who do not request the Administrative Hearing within 15 days from the date of the drunk driving arrest will not have an administrative license hearing and no further appeals can be made regarding drunk driving administrative penalties in Missouri.

Administrative Hearing Process in Missouri

The Missouri Administrative Hearing is conducted by a hearing examiner who is considered both the prosecutor and the judge. Drivers may have a DUI lawyer present. The hearing examiner will review the following:

• Is there probable cause to suggest the driver was intoxicated?
• Was the driver’s  blood alcohol content above the legal limit of 0.08% or higher for an adult and 0.2% for a minor?

Drivers have the right to subpoena the arresting officer if they want them to appear at the administrative hearing. The records of the drunk driving arrest, however, including the testimony of the arresting officer, may be sufficient to prove the two points listed above.

Administrative License suspension and penalties in Missouri

Drivers who have not been arrested or convicted for DUI in the past 5 years and who have the administrative license suspension upheld will have their license suspended for 30 days. A 60 day period of restricted driving privileges will follow the administrative license suspension.

Drivers who have their license suspended may have them reinstated after the suspension period has passed but they must meet certain requirements prior to reinstatement.

To reinstate a Missouri driver’s license drivers must do the following:

1. A completion form for the Substance Abuse Traffic Offender Program (SATOP). Contact the Division of Alcohol and Drug Abuse at 573-522-4020 for questions.
2. Pay the reinstatement fee of $45. Payment must be made to the Missouri Department of Revenue. Drivers should include their full name, address, date of birth, and driver license number on their reinstatement payments.
3. Proof of financial responsibility for 2 years from the date the license revocation or suspension was initiated. Contact your insurance company for more information about SR-22 insurance.
4. Installation of an ignition interlock device. This is only required if you have more than one conviction or test refusal on your record. The ignition interlock device must be kept on your motorized vehicle for 6 months following your reinstatement. The Missouri Department of Transportation must also certify the installation.

Keep in mind, administrative license penalties are separate from drunk driving penalties assessed in Missouri if a driver is convicted of a Missouri drunk driving charge.

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Administrative License Process in Mississippi

If you are stopped for drunk driving in Mississippi the police officer will ask you to submit to a blood content test (BAC). Under Mississippi Implied Consent Laws you have implicitly agreed to submit to a blood alcohol content test (BAC) when asked to do so.

If you submit to the blood alcohol content test (BAC) and if your blood alcohol content is more than 0.08% or higher, your driver’s license will be confiscated and the law enforcement officer will give you a temporary driving permit.

Drivers have the legal right to request an Administrative License Hearing within 10 days from the date of the license suspension to investigate whether the administrative license suspension was valid. State administrative hearings may vary, but basically, in all states, the administrative license hearing allows the court to review the following facts:

• Whether the Mississippi officer had reasonable grounds to believe the
  arrested person had been driving, attempting to drive, or was in
  actual physical control of a vehicle while under the influence of intoxicating
  liquor, narcotics, or drugs.
• Whether the person was arrested
• Whether the person refused to submit to the blood alcohol content test (BAC) upon the request of the law enforcement officer
• Whether the officer informed the arrested person of his or
  her right to have a similar blood alcohol content test (BAC) or tests conducted by a person of his or her own choosing
• Whether the officer informed the arrested person of the
  fact that refusal to permit the blood alcohol content test (BAC)would result in suspension of his or her license or driving privilege

If this was your first drunk driving arrest and you did not refuse the blood alcohol test (BAC) you can generally get your hardship license after a 30 days suspension if you can prove that not driving will interfere with your employment, your education or your medical care. To prove hardship and get your hardship license you may need evidence or an affidavit from either your employer, medical physician or your school. If the court agrees to give you a hardship license you will have to pay a $150 fee.

Keep in mind, the administrative suspension hearing and subsequent license suspension is separate from the drunk driving suspensions and drunk driving penalties which may be assessed if you are ultimately convicted of drunk driving in Mississippi.

Convicted of drunk driving in Mississippi

What if you are convicted of drunk driving in Mississippi? If this is your first Mississippi drunk driving offense, your license will be suspended for 90 days to one year. For a second drunk driving conviction your license will be suspended for 2 years and for a third drunk driving conviction you may have your license suspended for 5 years.

How do you reinstate your license after you have completed your drunk driving suspension? You will have to do several things:

• Pay all of the fines for your Mississippi DUI.
• Pay the license reinstatement fee. Contact the Mississippi Department of Public Safety for the amount of your fines.
• Contact the DPS and make sure your record has been cleared.

Hiring a DUI lawyer in Mississippi

Regardless if you are simply requesting an administrative license hearing , you are fighting your third Mississippi DUI or if you need help getting your Mississippi hardship license,  it is time to contact a DUI lawyer. Mississippi DUI penalties and fines for DUI are very severe. Do not try to fight this alone.

Related articles

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One of the greatest fears for most drivers after a Connecticut drunk driving arrest is getting their driver’s license back as soon as possible so they can return to work.

For example, if you were arrested for drunk driving in Connecticut and refused to submit to a blood alcohol content test you will face a 6 month administrative license suspension. If your blood alcohol content is between 0.08% up to 0.16% you will have your license suspended for 90 days. If your blood alcohol content is higher than 0.16% or higher your license will be suspended for 120 days. These administrative DUI penalties are in additional to DUI penalties you could face if you are eventually convicted of DUI.

So what can you do if you lose your license because you either failed the blood alcohol content test or refused to take the blood alcohol content test? Connecticut offers what they call a special work permit, also known as a hardship license in many states, which allows drivers who have had their license suspended for DUI to drive for very specific reasons.

Who qualifies for a Connecticut Hardship License?

• Connecticut drivers who have only been arrested for one drunk driving offense.
• Connecticut drivers who can prove that the inability to drive would endanger or dramatically affect the ability of the driver to support their family.
• Connecticut drivers who have not caused any severe injuries or accidents from their drunk driving.
• Connecticut drivers who do not have a history of reckless driving and driving infractions.

What do I do to get a Connecticut hardship license?

According to the Connecticut Department of Motor Vehicles, the DMV will issue hardship licenses according to Connecticut State Law Title 14 Sec. 14-37a (Amended 2010) and statutes defined in the Regulations of Connecticut State Agencies in Sec.14-37a.

Drivers must submit an application for the Special Permit to Operate a Motor Vehicle To and From Work (form A-62) to the DMV and a $100 non-refundable payment with the form.

According to Connecticut state law, the Connecticut hardship license is used to travel to work or to school. The driver should carry the Connecticut hardship license at all times and violation or misuse of the permit can result in additional license suspension penalties or traffic citations.

 Connecticut hardship license applications should be addressed to:

Connecticut Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, CT 06161-2525

Hiring a DUI lawyer in Connecticut

DUI laws regarding obtaining a hardship license vary by state. Although the administrative license suspension may be fairly straightforward if you have been convicted of drunk driving whether or not you are granted a Connecticut hardship license may be more at the discretion of the DUI court.

Contact a Connecticut DUI lawyer to find out what is available in your state. DUI penalties are severe and Connecticut has very specific requirements which must be completed to get a Connecticut hardship license during a DUI suspension. For example, DUI offenders who have attended rehabilitation programs or who can show that a license is critical for continued employment, medical appointments, attending school or for dependent care may have a greater chance of getting a Connecticut hardship license.

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Nothing seems more confusing to North Texas drivers than the fact that when they are arrested for DWI (driving while intoxicated) or drunk driving  in North Texas they face not only criminal DWI charges but also a possible Administrative License Suspension which is a civil procedure.

A North Texas administrative license suspension is initiated if the North Texas driver either fails a blood or breath test because their blood alcohol concentration is 0.08% or higher or they refuse to submit to a blood alcohol concentration test (BAC).

Drivers, under the Texas Implied Consent Law, have given their implied consent to submit to a BAC test when ask to do so by a Texas law enforcement officer. This is a mandatory requirement that drivers agree to when they choose to operate a motorized vehicle on Texas roads.

If you are arrested for your first drunk driving charge and you refuse to take a chemical test you will have your license suspended for 180 days. North Texas drivers who take the BAC test and have a BAC above the legal limit will face a 90 day suspension of their driver’s license. Keep in mind, these drunk driving administrative license suspension penalties are imposed regardless of whether or not you are ultimately convicted of a North Texas drunk driving charge.

What do you do if you are arrested for drunk driving in Texas?

If you are arrested for DWI in Texas the police officer will take your Texas driver’s license and give you a temporary driving permit. You can use this permit until the 41^st day after the date it was issued to you.

To challenge the administrative license suspension you must request an administrative license review hearing in writing within 15 days after your license suspension. Keep in mind, if you have requested the administrative license suspension this request will stop the administrative sanctions until you have had the chance to plead your case before the administrative review board.

What happens at the Texas Administrative License Suspension Hearing?

The first step if you have been arrested for a Texas DWI is to contact a Texas DUI lawyer. DWI lawyers in Texas can use the administrative license review hearing to not only potentially avoid a Texas license suspension but the “discovery” phase in the administrative license hearing can allow you and your Texas DWI attorney to gather information about your upcoming DUI criminal case and the strength of the prosecutor’s DWI case against you.

The state has the burden of proof at the administrative license suspension hearing and there are several things they must prove to the court:

• The police officer had probable cause to stop and arrest the driver for a Texas DWI.
• The driver had actual physical control of the motorized vehicle and they were intoxicated in a public place.
• The driver arrested for the Texas DWI was notified by the police officer in writing and orally about the consequences for not taking or failing the BAC test, and the driver refused to provide the specimen when asked to do so by the officer or they had a BAC which was above the legal limit: breath or blood test by registering an alcohol concentration of 0.08% or greater per 100ml of blood or 210 liters of breath.

Can I get my license back after the Texas Administrative License Suspension?

If you can prove that the police officer did not follow the requirements outlined above, the Department of Motor Vehicles will return your Texas license to you immediately.

If you lose your driver’s license at the Administrative License Hearing you must submit a special TDPS form and a reinstatement fee of $125 (cash, cashier’s check or personal check) to the Driver Improvement and Control Texas Department of Public Safety, P.O. Box 15999 Austin, Texas, 78761-5999 to have your license reinstated.

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If you have been arrested for DWI or driving while intoxicated with drugs or alcohol, you may need the help of a qualified Fort Worth DWI lawyer. Regardless of the circumstances, a Fort Worth DWI attorney can help offer DWI advice. Find a DWI lawyer in Fort Worth who has a good reputation for working with Texas prosecutors and judges. Most Fort Worth DWI lawyers will provide a free initial consultation to review your DWI charges and discuss the next steps in the DWI process.

Drivers in Forth Worth or any of the surrounding areas including: Arlington, Grand Prairie, Mansfield, Bedford, Cedar Hill or Coppell can be charged with driving while intoxicated (or more commonly called DUI or driving under the influence in many states) if their blood alcohol concentration (BAC) is 0.08% or higher or if they lost their “normal function of their mental or physical faculties” because they are under the influence of drugs or alcohol.

Fort Worth DWI is serious and contacting a Fort Worth DWI attorney is always a good idea. DUI attorneys can help a driver navigated the complicated DWI legal procedures and answer DWI/DUI questions. Fort Worth DWI attorneys understand the legal consequences of DWI. Find a Fort Worth criminal defense attorney who specializes in DWI cases and has a successful record of providing high quality DWI defenses at a reasonable cost.

Penalties for DWI Convictions in Fort Worth

First DWI Conviction in Fort Worth

Fort Worth Drivers who are charged and convicted with a Class B Misdemeanor DWI in Fort Worth will have the following DWI penalties:

• Fort Worth drivers may be required to pay up to $2,000 in fines and penalties
• Fort Worth drivers may be assessed 24 to 100 hours of community service
• Fort Worth drivers may have to spend up to 180 days in jail

Second DWI Conviction in Forth Worth

• Fort Worth drivers may have to install an Ignition Interlock Device in their car
• Forth Worth drivers may have to pay up to $4,000 in fines and spend at least 72 hours in jail.
• Courts may also require drivers to perform community service for 80 to 200 hours
• Mandatory license suspension may be required for 80 days to 2 years

Third DWI Conviction in Fort Worth

A third conviction for DWI in Fort Worth is considered a 3^rd Degree Felony and has the following DWI penalties:

• Fort Worth drivers may have to serve 2 to 10 years in prison and have to install an Ignition Interlock Device in their car as a condition of their release from state prison.
• DWI fines can be as high as $10,000 and drivers may also face a license suspension for 180 days to 2 years.
• DWI courts may order the driver to attend a drug or alcohol treatment program and serve up to 160 to 600 hours of community service.

Fort Worth’s Implied Consent Laws

Fort Worth drivers who refuse to take a chemical test of their blood, breath or urine, when asked to do so by a Fort Worth police officer, may have their license suspended. Fort Worth drivers have 15 days from the DWI arrest to file a request for an administrative license hearing and challenge their license suspension. Drivers who have failed or refused a chemical test should contact a Fort Worth DWI lawyer. DWI lawyers in Fort Worth can file the license suspension appeal paperwork and help get drivers get their license back. If the courts do not reverse the license suspension, drivers may be able to get a restricted license which allows them to continue to drive to work or to school.

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New Years, 2012, will bring a significant amount of changes in DUI laws for drunk driving or driving under the influence throughout the United States. In Oregon, beginning this Sunday, if you are one of the estimated 11,000 drivers arrested and convicted for driving under the influence of alcohol (DUI) or drunk driving this year, you will be forced to install an ignition interlock device in your car.

Installing an ignition interlock device has been a common DUI penalty for driving under the influence, especially for drivers with multiple DUI convictions, but Oregon now requires even first-time Oregon DUI offenders arrested for drunk driving to install and use this device.

What does the ignition interlock device do?

Ignition interlock devices are traditionally installed on the dashboard of the driver’s car, and the driver must blow into the device, which analyzes the BAC or blood alcohol concentration of the driver. If the driver’s BAC is too high the car will not start.

The ignition interlock device also will require the driver to provide additional breathing samples periodically as they drive. If the driver cannot provide a clean sample, the car will provide a warning (honking horn, lights flashing) and log the event. The “alarm” or warnings continue until the driver shuts the engine off.

Attempts to Bypass the Ignition Interlock Device

Creative drivers who are driving under the influence often attempt to mechanically bypass the system, but given the complexity of most systems, these attempts are generally unsuccessful. The ignition interlock device is made to assess all attempts to “trick” or bypass the system requirements and report these attempts immediately back to the DMV. Unfortunately, the courts do not look favorably on these efforts and most likely will simply extend the required installation period.

It is also illegal to for Oregon drivers who are driving under the influence to solicit another person to blow into their ignition interlock device. According to Oregon law, violation of the law occurs if, “a person unlawfully solicits another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device if the person has such a device as a result of an order or requirement under ORS 813.602 and the person requests or solicits another to blow into the device or start the motor vehicle so as to circumvent the device.”

Drivers who commit this offense will be charged with a Class A traffic violation [1987 c.746 §6; 1989 c.576 §3].

(Information gathered from Chapter 813 of the 2007 Edition of the Oregon Vehicle Code.)

How much does an ignition interlock device cost?

If you are arrested for drunk driving in Oregon and you must purchase an ignition interlock device you can expect to pay between $65-100 per month to rent the device plus additional fees to install it, send information to the Department of Motor Vehicles in your state and to pay for regular maintenance.

Hiring a DUI lawyer in Oregon

States continue to pass severe DUI penalties for drunk driving. Drunk driving in Oregon is a serious crime, and if you are arrested for DUI in Oregon, do not try to fight your DUI conviction alone. Even first-time DUI offenders in Oregon can face high fines, fees, increased insurance cost, potential jail time, loss of license and starting in 2012, mandatory installation of an ignition interlock device.

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