Doré Law Firm

Tag: traffic

  • Milwaukie Is (Finally) Fixing Photo Radar Problems

    Oregon Law is Clear About Warning Drivers of Photo Radar

    Oregon Law sets out the requirement for warnings signs at the borders of cities using photo radar:

    [quote align=”center” color=”#999999″]ORS 810.439(1) sets out the pertinent prerequisites to the issuance of a violation on the basis of photo radar camera: “Notwithstanding any other provision of law, in the jurisdictions using photo radar: a citation for speeding may be issued on the basis of photo radar if the following conditions are met: …  (D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all major routes entering the jurisdiction.”[/quote]

    For years I’d been making the argument that, because Milwaukie didn’t have signs posted on 17th or on Johnson Creek, they couldn’t use photo radar:

    Old Milwaukie on 17th
    Milwaukie’s Old Setup on 17th – No Warning Signs

    [quote align=”center” color=”#999999″]

    Here, the City is in violation of ORS 810.439 because no R10-18 signs are posted on Johnson Creek at the jurisdictional boundary where that route enters the city. Johnson Creek is a major route entering the jurisdiction of Milwaukie. There are no R10-18 signs posted on Johnson Creek at the jurisdictional boundaries. This is a clear violation of ORS 810.436.

    The City may argue that placement of a signs elsewhere in the area is sufficient to meet the requirements of ORS 810.439. The City would be incorrect. ORS 810.439 requires warning signs at all points where a major route enters a jurisdiction using photo radar. The City’s compliance with ORS 810.439 is binary: it either is or is not in full compliance. Here, it is not in compliance.

    [/quote]

    The City Is Installing Proper Signs

    Milwaukie is now going through the process of installing proper signs. There are warning signs on Se McLoughin, SE 17th and, finally, on Johnson Creek. That’s a lot of the “major routes” entering town. Is it all of them? If not, this argument may still be alive and well. Contact me if you know of a “major route” entering Milwaukie that doesn’t have the proper signs.

    photo 1
    Milwaukie’s New Setup on 17th – Tiny “Traffic Laws Photo Enforced” Warning Sign in the Distance

     

     

    It’s Still Worth Fighting Milwaukie Photo Radar Tickets

    Just because milwaukie is finally getting in compliance with the Oregon legislature’s rules about photo radar doesn’t mean the tickets aren’t worth fighting. There are still plenty of issues to be raised: jurisdiction, if the speed limit being enforced is the actual speed limit and, like in recent case, the City may not prove all the elements of the violation.

    Contact me today to discuss your case. I offer a phone or in-office consultation. Let’s see what we can do to keep your ticket off your record.

     

  • Pass the Attitude Test When You Get a Traffic Ticket

    Stopped for a Traffic Ticket? Time to Pass the Attitude Test.Cop in Rearview

    You had to pass a driving test to get your license. If you have really bad luck, you may have to pass a sobriety test. But every time you get stopped by the police, it’s time for the attitude test.

    What is the Attitude Test for Traffic Tickets?

    The attitude test is given by the officer and is completely subjective. It’s all about how the two of you interact. If you come across as a jerk, you fail. If you come across as friendly, you pass. Neutral – you probably pass. You just don’t want to stand out in the officer’s mind as a jerk.

    What does failure look like? Being smug; disrespectful (mentioning “pigs” or “bacon” usually equals a fail); yelling; swearing; reminding the officer that you “pay their salary;” pulling over a spot that is obviously unsafe for someone to be on the shoulder (like in a gore point).

    What does passing look like? None of the above, obviously. Being polite; not arguing the ticket. Does that sound like rolling over or knuckling under? Could be – but you’re better off not taking the chance that your objection be taken the wrong way or that you say something that will be used against you later. Then we can fight the allegations in court.

    Passing the Attitude Test Can Determine Your Fate.

    If you fail the attitude test, you could get tons of tickets dropped on your head from that one traffic stop. Why? Because most us can violate a few traffic laws all at the same time – speeding, not signaling 100 feet before a lane change and then making a u-turn. Oops. Passing the test will usually get you one ticket plus some warnings – or if you’re very lucky, warnings all around.

    The attitude test also comes back into play in court. How? The officer will have taken notes about your traffic stop. My stomach always drops when I see the officer has written that my client was “a jerk” or “yelled throughout,” etc.

    Passing the Attitude Test Can Be Tough.

    It can be hard to pass the attitude test. Many officers are friendly out on the street. Some aren’t so friendly. However, a lot of those “unfriendly” officers are acting, in my opinion, out of a desire to control the situation. They don’t know if you’re an average joe or someone that might want to hurt them – consequently, they take control through a brusque attitude. It doesn’t work well as customer service for average joe but probably makes the other guys think twice. A lot these officers, by the way, are some of the nicest folks you’ll meet when they’re not pulling you over.

    What Can You Do if The Officer Treats You Poorly?

    You have some options if you feel an officer that stopped you on the road treated you poorly. First, write down everything that happened. Second, after your case is done, file a complaint. (Filing a complaint while your case is pending is a bad idea for obvious reasons.) At worst, you may feel better. At best, if the officer really is mistreating people on the road (and this wasn’t just one bad interaction), he or she may get enough feedback to take a second look at how their work methods are affecting the people they pull over.

    Finally, turn in your survey. According to a report by OPB, Portland Police are participating in a national survey that is “focus[ing] … on the quality of the encounters people have with police and on peoples’ perceptions of the police department.” Bad results should catch the eye of PPB brass and maybe bring about a kinder, gentler traffic stop.

    But What About My Ticket if I Fail the Attitude Test?

    Best thing to do: Get an attorney. A traffic ticket attorney can defuse any leftover ill will by acting as a go-between for you and the officer. A traffic ticket attorney can also appear on your behalf so there’s smaller chance that the officer will recognize your face and have that bad interaction come back to them. I’ve been able to smooth many a ruffled feather by explaining my client’s situation that led to the failure of the attitude.

    If you’ve got a traffic ticket – especially one where you’re worried you failed the attitude test – give me a call.

  • Top Traffic Tickets: Illegal U-Turn Ticket

    One of the stranger Oregon traffic laws is the Illegal U-Turn Ticket. In other places, you can do U-turns willy-nilly. Take No UTurnWashington, for example: “The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.” U-turns allowed unless they’re unsafe or interfere with other traffic.

    Not so under Oregon’s U-turn law. Many intersections have No U-turn signs… and others don’t. Unfortunately, that doesn’t mean you can turn at all of those unsigned intersections.

    You Can Do U-Turns in Oregon – But Do It Right to Avoid an Illegal U-Turn Ticket.

    You’ll get an illegal u-turn ticket if you do a u-turn at any intersection that has a traffic light – unless a sign says you can.

    You’ll get an illegal u-turn ticket if you do a u-turn between intersections in a city.

    You’ll get an illegal u-turn ticket if you do a u-turn any place where your vehicle can’t be seen for 500 feet in each direction in a city (that’s generally 2.5 city blocks in Portland or almost the length of 2 football fields) or 1000 feet (over 3 football fields) in each direction outside a city.

    Where Can You Do a U-turn and Not Get an Illegal U-turn Ticket?

    In a city:

    • At an intersection with a traffic light and a u-turn allowed sign.
    • At an intersection without a traffic light if there is 500 feet of visibility in front and behind your vehicle.

     

    Outside of a city:

    • At an intersection with a traffic light and a u-turn allowed sign.
    • Anywhere else where there is 1000 feet of visibility in front and behind your vehicle.

    What Should You do if You Get an Illegal U-turn Ticket?

    Make a note of where you are, the type of signs the intersection has, where the officer was when he saw the alleged u-turn and how much visibility there was in each direction.

    Your best bet for keeping it off your driving record is working with an experienced traffic ticket attorney, like me. Contact me for a confidential consultation.

     

  • Top Traffic Tickets: The Turn Signal Ticket

    I get a lot of phone calls about turn signal tickets. The complaint I hear from people is that the police stopped them and gave
    them a turn signal ticket  – even though they used their turn signal!

    Unfortunately, Oregon law is a bit tricky about those signals. You have to use them at the right time and in the right place.Turn signs

    When do You Have to Use Your Signal to Avoid a Turn Signal Ticket?

    There are actually three statutes that control when you have to use your turn signal in a car or truck (there’s another one for turns on bikes and another for turns on motor assisted scooters. Turning is a big deal in Oregon.

    Turning Left or Right: ORS 811.335 will earn you a turn signal ticket if you don’t use your signal on a highway before turning the vehicle left or right when the movement can’t be done with safety OR you signal for less than  100 feet traveled.

    The 100 foot requirement is very strict.

    In State v. Bea, 318 Or 220 (1993), the Oregon Supreme Court held that the 100 foot requirement applies even where the turn made is the only available option. In Bea, the car turned at an L-shaped intersection without signaling. Even though the car had to turn, it was a traffic violation to not signal 100 feet beforehand.

    In State v. Arthur, 158 Or App 62 (1999), the Court of Appeals held that the 100-foot requirement applies even if there is an intervening stop – i.e. you can’t turn your signal on at the stop sign. It even applies, the court said, if you pull onto a highway and immediately make another turn where it is impossible to drive 100 feet. The court said you might have an impossibility defense but it would still technically be a violation of the statute.

    Changing Lanes:  ORS 811.375 will earn you a turn signal ticket if you don’t use your signal before “changing lanes by moving right or left upon the highway” when the movement can’t be done with safety OR you signal for less than  100 feet traveled.

    The 100 foot requirement can be tricky. At 60 mph, that’s 1.14 seconds of signal. At 30 mph, 2.28 seconds of signal. Crawling in traffic at 5 mph, that’s 13.68 seconds of signal before changing lane.

    The same strictness about the 100-foot requirement probably applies here, too.

    In a Roundabout: ORS 811.400 will you earn you a turn signal ticket if you don’t use a signal before changing lanes or to exit “from any position within a roundabout.” Oddly, this violation is a Class B traffic violation (the second-most serious type) whereas the other two  are Class D violations (the least serious).

    What Can You do to Avoid a Turn Signal Ticket?

    Signal, Signal, Signal. Signal before changing lanes, turning at corners, in a roundabout and entering the road.

    Signal early, Signal often. 100 feet can be further than you think. Put your signal on well before you plan to make your move. If you spot a police car nearby, make a note of where you put the signal on. I’ve seen people win their cases by testifying that the saw the police car, made a special note of it and made a special note of where they turned on the signal.

    Signal each move. It’s not part of the statute that you have to signal each lane change separately – just that you have to signal for 100 feet before moving left or right – but most police officers interpret it that way and some will give you a ticket for each lane change that wasn’t properly signaled. You might be able to beat it in court… but why run the risk of picking up the ticket?

    Signal even if you’re not sure that you’re going to turn. You can’t be dinged for having your signal on and changing your mind.

    What Should You do if You Get a Turn Signal Ticket?

    Did you get a turn signal ticket? Your best bet for keeping it off your driving record is working with an experienced traffic ticket attorney, like me. Contact me for a confidential consultation.

  • Top Traffic Tickets: Failing to Stop for the School Bus Ticket

    There are tons of ways to get traffic tickets – the Rules of the Road for Drivers is chock full of them. One of the top ways to get Kids getting on a school busa ticket, especially now that school is back in session, is not stopping for the school bus.

    When Do You Have to Stop for the School Bus?

    Under ORS 811.155, a driver must stop for a school bus if:

    • The driver approaches a bus;
      • The bus has to be a school bus (that says “school bus” on it), a worker transport bus or a bus for a religious organization that’s transporting children. The Blitz Bus doesn’t count!
    • The bus is stopped on a roadway;
      • Roadway means ” the portion of a highway that is improved, designed or ordinarily used for vehicular travel.
    • The bus is using flashing red “bus safety lights.”
      • That’s the fancy way of saying a pair of alternately flashing red lights on the front and back of the bus.

    When Do You Not Have to Stop for the School Bus?

    You don’t have to stop for a school bus if:

    • It is stopped on the shoulder of the highway – that’s not part of the roadway.
    • The bus is on a separate roadway – like a highway where the two directions of travel are separated by a grassy median.
      • Just having a center turn lane or paved median isn’t good enough – it has to be a completely different body of pavement.
    • It’s doing anything other than flashing red lights.

    What Should You Do if You get a School Bus Ticket?

    First, at the side of the road, don’t discuss the matter with the police officer. Anything you say can (and will) be used against you in court. You probably won’t be able to talk your way out of the ticket.

    Second, take note of where the bus was, where you were when the bus safety lights turned on and if there was anything that prevented you from seeing the lights or stopping in a safe manner.

    Third, plead not guilty. A school bus ticket – more formally “Failing to Stop for Bus Safety Lights” – is a Class A traffic violation. The default fine is $435.00 but can range from $220.00 to $2000.00.

    Finally, get some help with the case. This is the kind of ticket that police officers are reluctant to dismiss. As an experienced Oregon traffic attorney, I can help you build a defense and help you put your best foot forward in negotiating a good resolution to your case. Contact me for a consultation so we can get to work on your case.

  • Is It Worth It To Go to Court On An Oregon Traffic Ticket?

    Yes, It Is Worth It To Go To Court!

    I often get the question of whether it is worth it to go to court on an Oregon traffic ticket.

    The answer is almost always a resounding “Yes!” But, as you’ll see, you get the best chance of winning if you work with an attorney rather than going it solo.

    Your Options for Dealing with an Oregon Traffic Ticket

    With an Oregon traffic ticket, you generally have five options. Four of the options are listed on the ticket:

    [column col=”1/3″]Option #1[/column]

    [column col=”1/3″]Plead no contest (guilty) and pay the fine.[/column]
    [column col=”1/3″]This is one of the worst options. This option will have you paying the most and having no chance to keep the ticket off your record. The benefit to this option is that it takes the least amount of time and effort. However, beware of any potential suspensions or insurance issues.[/column]

    [column col=”1/3″]Option #2[/column]
    [column col=”1/3″]Plead no contest (guilty) and send a letter of explanation.[/column]
    [column col=”1/3″]This is slightly better than option #1 but is still one of the worst options. Sending a letter of explanation will usually result in your fine being cut in half. This option will save you a little bit of money but the ticket will still go on your record. Any explanation contesting the ticket will be ignored because you will have already plead no contest. The benefit to this option is that it saves some money and takes very little time. However, beware of any potential suspensions or insurance issues.[/column]

    [column col=”1/3″]Option #3[/column]
    [column col=”1/3″]Plead not guilty and request a trial.[/column]
    [column col=”1/3″]This is a good option. By requesting a trial, you get an opportunity to negotiate with the officer and potentially get your charged reduced or dismissed. You can also have a trial where the officer will have to prove the charge by a “preponderance of the evidence” – that means “more likely than not” or about 51%. Because of the reduced burden of proof, it can be very difficult for a person to win their own trial.

    The benefit to this option is that it gives you the best chance to negotiate a favorable resolution on your own. The negative is that negotiations on your own will probably just be about how much to pay and appearing in court is time consuming and expensive if you have to take time off work. [/column]

    [column col=”1/3″]Option #4[/column]

    [column col=”1/3″]Plead not guilty and request a “trial by affidavit.”[/column]
    [column col=”1/3”]This is not a good option. By requesting a trial, you’re contesting the charges against you. In a trial by affidavit, your written sworn testimony is presented to the judge as your side of the story. The officer will be present in court and will have the opportunity to testify. You will, unfortunately, have given up your chance to negotiate and to cross-examine the officer. Pieces of paper will lose to live testimony every time. I have yet to see a defendant win a trial by affidavit.[/column]

    Option #5: Hire an Attorney

    This is the best option. I will be able to take care of your first court date for you (saving you the several hours it can take to

    People Standing Line for Traffic Court
    Skip the Line – Hire Me to Handle Your Case

    see the arraignment judge. For many tickets, I can appear on your behalf – while you stay at work or take care of other obligations – and negotiate a resolution or represent you during the trial. An attorney will catch many of the technical details that will slip by a non-attorney and will know how to present evidence in an admissible way.

    Your best option to win a traffic ticket is with an attorney. Look over my previous case results and Contact me today to chat about your case and see how I can help.

  • Impaired Driving Isn’t Just About Alcohol – Controlled Substances DUII’s in Oregon

    When most people think of Driving Under the Influence of Intoxicants, they think of drunk driving – that is, they think of someone under the influence of alcohol.  But in Oregon, and most other jurisdictions, alcohol doesn’t have to be involved for a DUII to be charged.  Impaired driving is illegal whether it’s caused by alcohol or some other controlled substance.  I’ve already discussed breathalyzers and how basic alcohol DUII investigations work in Oregon.  Now let’s discuss what happens if the officer believes a person is driving impaired but the breathalyzer results show no alcohol.

    DUII Can Involve Any Controlled Substance

    A person who drives on a public road while under the influence of a controlled substance or inhalant can be charged with DUII in Oregon.  A controlled substance is any drug classified under the federal Controlled Substances Act.  This includes commonly known illegal drugs, such as methamphetamine, heroin, and cocaine.  It also includes many prescription drugs, such as Ambien, oxycodone, and Xanax.  It even involves marijuana, even if the person driving holds a valid medical marijuana card.  Generally over the counter drugs do not fall in this category.  The fact that a drug is taken pursuant to a prescription does not mean that a person can drive while under the influence of that drug; if the person is impaired to a noticeable and perceptible degree, that person can still be convicted of DUII.

    Controlled Substance DUII Investigation Involves a DRE

    Most controlled substance DUII investigations start with the same basic format as an alcohol DUII.  But if the breathalyzer results says there is no alcohol in the person’s system, or there is far less alcohol than expected based on the person’s behavior, then the officer will ask for a Drug Recognition Expert (DRE) to perform a more thorough investigation.  The DRE investigation is a twelve-step process that involves more intensive testing than the usual Field Sobriety Tests.  If the DRE believes that the person is under the influence of a controlled substance then the DRE makes an educated guess as to what the substance is.  The final step is then to have the person give a urine sample so that the police can confirm whether the substance is actually present in the person’s system.  If it is, then the person is likely to face a DUII charge.

    Controlled Substance DUII’s Can be Fought

    There are many possible ways to attack allegations of impaired driving based on controlled substances.  For starters, the state must charge the person correctly; if the state fails to specify that the DUII is based on controlled substances then the case can fall apart.  The DRE process is also considered scientific, so in order for the final results to come in against a person at trial each step must be performed in exactly the correct manner.  If the DRE guesses the substance wrong then the whole case can be thrown out, even if the person was under the influence of something different.  As with all DUII’s, alcohol or otherwise, there is always room to challenge whether the officer originally had enough reason to believe the person was under the influence of intoxicants.  Controlled Substance DUII PicAn amusing recent example is this article talking about the phenomenon of officers claiming that a “green tongue” is adequate reason to believe that a person has recently smoked marijuana.  Finally, even if the state can prove that a person has a controlled substance in their system, the district attorney still must prove that the substance was actually impairing the person at the time of driving.  Unlike alcohol, which leaves a person’s system quickly, many drugs remain in the body for long periods of time.  Simply proving that a person has some marijuana in their system does nothing to prove when the marijuana was consumed and whether the person was being influenced by it at the time they were driving.  There are many ways to fight a controlled substance DUII allegation.  If you find yourself charged, speak to an experienced DUII attorney before taking any action on your case.

  • Hit and Run – What If It Doesn’t Involve Another Car?

    Most people know that it’s wrong not to stop after an accident.  What many people don’t know, however, is that in Oregon it is actually a Class A Misdemeanor is they don’t take certain steps to notify property owners of damage to property that isn’t a car.  In Oregon a hit and run, legally known as Failure to Perform the Duties of a Driver (ORS 811.700), can be charged for very minor damage.  Any sensible person knows that they must not drive away if someone is injured or if they hit another car, but what if it’s just running into something?

    Hit and Run against Property on Side of the Road

    An accident doesn’t have to involve another car for there to be legal duties.  If a driver damages any “fixture or property” on or next to the road then they have a duty to stop.  This would include road signs, buildings, dumpsters, or even a person’s front yard.  If a driver damages someone else’s property, the person must take reasonable steps to notify the owner of the property of the damage and to provide their name, address, and the registration number of the car.  They must also show their driver’s license if requested.

    Hit and Run Can Include Vegetation

    It makes sense that a person must notify the property owner if they run over someone’s mailbox.  But what about if someone runs into someone else’s front yard or drives their car into a tree?  A recent article in the Oregonian highlights a woman that was cited after driving her truck into a tree and then leaving.  This woman was given citations for criminal mischief (for damaging someone else’s property) and for hit and run for not staying around to report the damage to the tree’s owner.   Whether the vegetation is publicly or privately owned, since it has a value it must be reported if damaged.Truck in Tree

    Is it Hit and Run if the Car is Left Behind?

    Is it really a hit and run if the car is left behind at the scene of the damage?  That’s an interesting question, and one that should be discussed with an attorney if you find yourself in a situation like this.  A couple of years ago I had a case where the client was charged for driving his car through a fence and into someone’s front yard after failing to make a turn in the road.  The client fled and wasn’t found until the next day, but left his car behind as it was stuck in the deep groves left in the garden.  We ended up getting the jury to return a not guilty verdict based on the argument that he had notified the owner of the damage by leaving the car there in plain sight, that he had provided his name and address as it was on the insurance card in the glove compartment, and that the vehicle registration number was also provided as it was on the car itself.  Depending on the facts of the case, you can win a hit and run accusation, so speak to an experienced criminal defense attorney before taking any steps if you find yourself charged with hit and run.

     

  • A DUI Conviction Will Suspend Your License

    Getting charged with a DUI is embarrassing. You might have to do a brief stint in jail. One of the longest lasting consequences is that a DUI conviction in another state will suspend your license.

    As discussed in my previous post, A DUI in Another State is the Worst of All Worlds, there are two ways to lose your license from a DUI: the administrative track (through a DOL or DMV suspension) or following a conviction.

    The Conviction Track

    In Oregon and Washington you will lose your license if you’re convicted of a DUI. Both states have different lengths of suspensions that depend on the severity of the charge and your criminal history.

    Oregon License Suspension After a DUII

    After a DUII conviction in Oregon, the DMV will suspend your license. The length of the suspension will depend on your criminal history.

    1st DUII One Year Suspension 0-day wait for hardship permit
    2nd DUII Three Year Suspension 90-day wait for hardship permit
    3rd/Felony DUII Permanent Revocation* No hardship permit

    *Can petition the court to return driving privileges after 10 years.

    Washington License Suspension After a DUI

    After a DUII conviction in Oregon, the DOL will suspend your license. The length of the suspension will depend on your criminal history and the severity of the offense.

    Blood Alcohol Content .08% – .15%
    No Prior 90-day Suspension Ignition Interlock License*
    1 Prior 2-year Revocation Ignition Interlock License*
    2 or 3 Priors 3-year Revocation Ignition Interlock License*
    Blood Alcohol Content > .15% or Refused Test
    No Prior 1-year revocation, 2 if refused Ignition Interlock License*
    1 Prior 900-day revocation, 3-year if refused Ignition Interlock License*
    2 or 3 Priors 4-year Revocation Ignition Interlock License*

    The ignition interlock license allows anyone with a Washington license to continue to drive so long as they have:

    • -Proof of a functioning Ignition Interlock
    • SR-22 Insurance
    • -$100 fee to DOL
    • $20 monthly fee plus monthly lease on the IID

    The IIL lasts for a minimum of one year and runs through the length of any longer suspension or revocation. The court can order an IIL for up to five years.

    DUI in Another State

    Oregon and Washington will suspend the licenses of out-of-state drivers that get convicted of a DUI. Thankfully, the law in both states says you should be able to get a IIL (Washington law specifically allows an IIL for out-of-state convictions) or hardship permit (Oregon says your suspension should be treated as if the conviction happened in Oregon).

    In practice, DOL and DMV don’t always follow these rules. They sometimes refuse to issue the alternative licenses. In those cases, you need legal help to enforce your rights.
    f you’re an out-of-state driver, you have to fight the suspension. Otherwise, you’re in for a long time without any driving. You need an attorney that knows the law, how it interacts between the states and that will help you through the process. Give us a call so we can get to work on your case.

  • A DUI in Another State is the Worst of All Worlds

    A DUI in Another State is the Worst of All Worlds

    Getting a DUI in your home state is tough. It’s scary and stressful. Sometimes there’s jail or treatment involved. You almost always get a suspended license when you’re simply charged with a DUI. Getting a DUI in another state is even worse.

    Two Ways to Lose Your License

    There are two ways to lose your license when charged with a DUI. First, the Administrative Track. Second, the Conviction Track.

    Administrative Track

    In Oregon and Washington, everyone who drives a car on a public road gives their “implied consent” to do a breath test. That means, for legal purposes, you’ve already agreed to take the test. Whether or not you actually take the test is up to you but your license can be suspended for refusing to take a breath test or taking one and blowing over the legal limit of .08%.

    Oregon: Morgan already did a great job covering this in her article Should I Take the Breath Test if Arrested for Oregon DUII?: “First, if you fail the breath test, meaning you blow at 0.08% BAC or higher, then your license will be suspended for 90 days. Second, the results of the breath test can then be used against you at any trial for the DUII charge. … If you refuse the test, you will automatically get a one-year drivers license suspension that will start 30 days after the arrest. If you have been convicted of a DUII in the last five years and refuse to take the test, the suspension will be for three years.”

    Washington has a two-tiered system:

    For BAC over .08% (.02% for minors): 90 days If it’s your first in 7 years. 2 year revocation if second or more in 7 years. For minors, one year or until 21, whichever is longer.

    For a refusal: 1 year revocation if first refusal within 7 years and no prior suspensions for a high breath test. 2 year revocation if second or more refusal or first refusal with a prior high breath test suspension. (For minors, 2 years or until 21, whichever is longer.)

    Fighting the Suspension: In both states, you can ask for an administrative hearing. Time is important! You must request your hearing within 10 days of arrest in Oregon and within 20 days of arrest in Washington. If you don’t request a hearing (or if you don’t win the hearing) the suspension will go into effect.

    Bad Results

    It is very difficult for an out-of-state driver to continue driving during a suspension on the Administrative Track.

    Oregon: An Oregon driver, charged in Oregon, can apply for a hardship license. A hardship license – after a 30-day waiting period – will let you drive to, from or for work or school. A driver getting a DUI administrative suspension in another state will not qualify for a hardship permit because they do not have an Oregon license. The Oregon suspension will run its normal course and your home state will suspend your license and, as Washington does, refuse to reinstate until Oregon clears the suspension.

    Washington: A Washington driver, charged in Washington, can apply for the ignition interlock license, or IIL. An IIL – with no waiting period – will let you drive any vehicle with an ignition interlock device installed (and some without if for employment purposes, with your employer’s consent). A driver getting a DUI administrative suspension in another state will not qualify for an IIL because they do not have a Washington license. The Washington suspension will run its normal course and your home state will suspend your license and, as Washington does, refuse to reinstate until Washington clears the suspension.

    The result in both states is at least 3 months without a license.

    What to do?

    If you’re an out-of-state driver, you have to fight the suspension. Otherwise, you’re in for a long time without any driving. You need an attorney that knows the law, how it interacts between the states and that will help you through the process. Give us a call so we can get to work on your case.

    Next time, the Conviction Track.