Although some of the information provided below is not consistent with other states, the Oregon Office of Transportation Safety has requested that specific language be used.
Hardcore drunk drivers can be defined as individuals who drive with a high blood alcohol concentration (BAC) of .15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment, or education efforts.
Listed below are the terms most closely matching the definition above which could be used in Oregon to identify these offenders:
The term, hardcore drunk driver, and the attached definition described above is not recognized in Oregon.
Oregon does not identify a BAC level, or specify such in sanctions determined by the courts for the offense of drunk driving.
DUII is a misdemeanor offense in Oregon.
Repeat offenders include those who have been suspended under the implied consent law, which does not require a conviction.
Records on repeat offenses are one of the primary means of tracking the problem of hardcore drunk drivers.
The following are key aspects of Oregon records:
Pursuant to ORS 809.230 - Oregon participates in an interstate compact with all 50 states that involves full faith in credit with any other jurisdiction in the USA. As such, Oregon does consider prior DUII convictions from other states in issuance of new driver¹s licenses.
The approximate number of valid licensed drivers in Oregon is 2.5 million.
In 1996, there were 22,939 DUII arrests made. Of those arrested, 8,875 offenders registered a BAC of .15 or greater.
Oregon keeps statistics on repeat offenders based on convictions and implied consent suspensions.
In 1995, there were 10,279 convictions for persons not eligible for 1st offender diversion.
IDENTIFICATION AND ASSESSMENT
Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.
In Oregon identification of repeat offenders occurs as the result of 2nd or subsequent implied consent suspension and/or conviction.
In Oregon offenders with a high BAC at the time of arrest are treated as follows:
— All offenders are treated the same regardless of BAC.
In Oregon following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
— All offenders. In addition, those not convicted due to diversion must be evaluated as a condition of that program.
In Oregon the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment. For offenders in diversion, the assessment is conducted at arraignment.
In Oregon assessments are conducted by a state-certified private agency. The cost is $90 and is usually borne by the offender unless indigent, when it is paid by the Intoxicated Driver Fund.
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Oregon results of the assessment are provided to the offender¹s attorney, the probation officer, and the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
Oregon has the following specific treatment facility or program which focuses on the hardcore drunk driver: The Office of Alcohol and Drug Abuse Prevention administers a flexible treatment system that customizes treatment needs including focusing on repeat offenders as well as others.
In Oregon all DUII offenders are required to attend education and treatment according to the assessment of the severity of their alcohol or other drug problem.
In Oregon offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.
While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.
The following enforcement techniques are used in Oregon to detect and apprehend drunk drivers:
Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping, Drug Recognition Experts (DRE¹s).
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Oregon there is an Anti-Plea Bargaining Statute for DUII.
In Oregon the period of time in which a judge or administrator can review an offender¹s record (the "look-back" period) is 10 years.
In Oregon there is a diversion program for offenders who have not been convicted of a DUII offense within a 10 year period.
In Oregon at the time of sentencing an individual¹s conviction records only are available for consideration by the court. This information includes only his or her drunk driving convictions unless otherwise requested.
Oregon does not have graduated penalties based on number of offenses except as relates to post-conviction licensing action.
Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.
In the state of Oregon, the following sanctions may only be ordered by the court:
Fines: Up to $5000 with a mandatory minimum of $565.
Incarceration - Mandatory minimums: All offenses - 48 consecutive hours (may be served in an inpatient treatment facility).
Community Service: At the court¹s discretion (may serve in lieu of imprisonment).
Home Confinement with Electronic Monitoring: Allowed by statute.
Victim Impact Panel: At the discretion of the court. Fee $5 to $50.
Action Against Offender¹s Vehicle: Vehicle impoundment/registration suspension may be imposed on 2nd and subsequent offenders for up to 120 days; may also be imposed when an offender is suspected to be driving while suspended. In 1997, legislation was passed to enable all jurisdictions to immobilize and/or impound an offender¹s vehicle.
— Vehicle forfeiture, Plate Seizure: None.
Intensive Supervision Probation: None.
Other Special Assessments/Surcharges: $130 special court fee, $84 Unitary Assessment, $59 County Assessment, $40 special assessment, $237 Diversion Filing Fee, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
— Suspension/Revocation: Oregon has both pre-conviction administrative and post- conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $53.
— Conditional Licensing: For all offenders, a restricted "hardship" license may be granted after the mandatory period of "hard" suspension has been served. Suspension periods are graduated according to number of offenses. An ignition interlock is required. Fee $38.
— Alcohol Ignition Interlock: All offenders must have an ignition interlock device installed prior to conditional licensing. Installation costs $175 + $100 bi-monthly.
— Autotimer, Fuel Lock, Special Plate Markings: None.
—Education: Required, no specific information available. Cost is borne by the offender.
—Treatment: Required, and a range of programs is available. Cost is borne by the offender.
—Intensive Weekend Intervention: None.