OregonDUI^.08

As a criminal defense attorney in Portland I am keenly aware of the scope and magnitude of substance abuse in our fair city. It is not uncommon for people to be pulled over while under the influence of something, and I see it happen to people from all walks of society. Doctors, lawyers, masons, carpenters, students, even bicyclists get DUIs!

For most people their first DUI in Oregon is their last DUI anywhere ever. They pay their dues, learn their lessons, and move on. For others, however, sobriety is a constant struggle. When people can't stay sober they make poor decisions, like the decision to drive even though they have one DUI or one diversion on their record. Or maybe even two or three or four DUIs on their record.

In Multnomah County, a person with a second DUI charge is looking at a good 20 days or so in jail if he's lucky, plus all of the other fines and fees and assessments and probation. A person on DUI number three or more can be looking at several months and jail and even felony treatment. This means formal probation with a probation officer, heaps of fines, and again -- treatment.

Thankfully, our ever-progressive city of Portland has devised a program to offer people in that situation some help. This program is called DISP -- The DUI Intensive Supervision Program. This program is not for the faint of heart or the weak of will. You are basically exchanging a few months in jail for three years of extremely close supervision.

A person in DISP must not drink any alcohol for three whole years. They cannot own a car and they cannot drive. They must attend regular AA or NA meetings and they have to report to their PO fairly frequently. Now, the better a person does in the program, the less supervision they will get. By the last year of the program, a successful person will only have to call their PO once a month or so just to check in and tell them all is well.

An unsuccessful person might be in this program for a full five years, or they might not even complete it all. I have seen it with my own eyes folks: people who get into DISP and don't take it seriously go to jail for a long, long time. I saw a man with three DUIs get thrown into jail for three years on them. The justification here is that a person with such a problem and without any remorse or desire to get better is a menace to society.

For those of you who do not live or who were not charged with a DUI in Multnomah County, there are other similar programs elsewhere. I don't know about Washington County, but I do know that Judge Thomas in Clackamas County has pioneered a program there called "DUI Court." It is very similar to DISP with one notable exception. When you enter into DISP in Multnomah County, you are put into jail for one single night. In Clackamas County they want you to do some time first, and it usually is not just a slap on the wrist. I had one case where they wanted my client to serve 180 days before becoming elgible for early release into DUI Court.

Long story short: if you're going to get a third or fourth DUI, do it Multnomah County. And call me.

-DJD (JD) , 9/28/2008