Portland Criminal Defense Attorney BlogThis is the blog for James F. O'Rourke, Jr. and Associates. In this blog we will present information, commentary and our own opinions and philosophy regarding the areas of law in which we practice. It is the purpose of this blog to be informative, helpful and thought provoking. The dynamic interface between the individual and the government is the law. What we mean by that is that when the government sets certain goals, it creates laws to achieve those goals. Those laws touch the lives of the people under the jurisdiction (power) of the government. As criminal defense lawyers, it is our job to make sure that the people we represent receive all of their rights and protections under the law. In some cases, that involves advocating for changes in the law or reinterpretation or correct application of the existing law. As personal injury lawyers, it is our job to make sure that our clients receive all their rights under the law and to secure compensation for the people we represent for injuries and damages they suffer which are caused by the intentional, reckless or negligent acts or omissions of others. |
Oregon Legislature creates “Super DUII” Minimum Fine
The 2009 Oregon Legislature created a new mandatory minimum fine for people who have such a high blood alcohol concentration (BAC) that they are deemed “Super DUII.” Generally, the minimum fines for DUII are based on whether or not a person has a previous DUII conviction: a first conviction draws a fine of $1,000; a second $1,500; and a third $2,000.
The Legislature has now enacted a provision that requires a $2,000 minimum fine for anyone who was arrested and had a breath test result showing a BAC (Blood Alcohol Concentration) over .15.
The thinking here is dubious at best. As an experienced Oregon DUII Lawyer I can state from experience that enhancing penalties has little effect in deterring people from driving under the influence. Most people have no idea what the penalties for DUII are in Oregon until they get a DUII. Even if they do know about the large fines, we have to remember that a DUII offense is almost always the product of diminished judgment caused by drinking. Deterrent information is not useful to people under the influence of intoxicants – alcohol.
Finally, it seems particularly misguided to tie the amount of the fine to a person’s BAC. Most DUII drivers are unaware of the degree of their intoxication and cannot estimate their BAC based on consumption. Since a person will be unable to tell the difference between whether they are at a BAC of .12 or .15 it seems unfair to treat them differently in terms of a fine.
James F. O’Rourke is an experienced Portland DUII Lawyer.
Tags: Portland DUII Lawyer
Uncategorized | jforourke June 4, 2010
