As we move into an extra-long holiday weekend the Oregon State Police are already on the lookout for drunk drivers. A news release issued on Tuesday noted that the first of many “saturation patrols” across the state is scheduled to begin Friday in Tillamook County. An OSP news release says that “our main goal is not to catch drunk drivers, but to be seen everywhere and hopefully to deter someone from driving while intoxicated.” But it is always important to remember that the police are there to do more than simply scare people into doing the right thing. This year, as in years past, they will be doing much more than simply being seen.
The news release can be viewed as a kind of opening salvo in the sad but absolutely necessary ritual of reminding people not to combine drinking and driving over the New Year’s holiday. The warning is especially pointed this year because New Year’s Day falls on a Sunday – meaning many people will have Monday off as well, creating a holiday period that runs from the evening of December 30 all the way into the early hours of January 3. Add in the now widespread availability of marijuana – which is legal to consume here in Oregon but which, like alcohol, is considered an intoxicant – and the potential for danger on the roads is significant.
Chapter 813 of the Oregon Revised Statutes (ORS) lays out the legal framework surrounding drunk driving in our state. It defines DUII as operating a vehicle when having a blood alcohol level of 0.08 percent or more, but also allows convictions at a lower level if the alcohol is used in combination with “a controlled substance or an inhalant.” (Section 813.011 (1)(b)) Two DUII convictions in a 10-year period automatically raise the stakes. In that case a third conviction would be a Class C felony under Oregon law, leading to a loss of driving privileges for 10 years and a mandatory jail sentence.