Ignition Interlock Myths: Debunking Mistaken DUII Beliefs

Picture1Although we know that driving under the influence of intoxicants is a highly dangerous decision, the reality is that people drive impaired almost 300,000 times each day. However, fewer than 4,000 are arrested. If you do happen to be arrested and get convicted or enter diversion, you will likely have to get an ignition interlock device. This device prevents an individual from operating the vehicle after consuming alcohol by requiring the driver to blow into a mouthpiece that detects and records the presence of alcohol.

While that might sound simple enough, DUII defense attorneys are asked countless questions about IID requirements, such as factors that could lead to a false reading and whether or not their clients are responsible for installation costs. Confusion surrounding ignition interlock devices often leads to widely held misconceptions. We’re setting the record straight on a few of those below.

MYTH: I’ll fail my IID test if I consume certain foods.

Reality: This one can be true under specific circumstances. IID’s are meant to detect even very small amounts of alcohol in your system, so eating foods—like pastries containing yeast or spicy cuisine—or swishing around alcohol-based mouthwash could skew your reading if you don’t wash out your mouth with water and wait a few minutes before blowing into the IID. Make it a practice to wait 15 minutes after eating or drinking anything prior to getting into your car.

MYTH: Rolling re-tests are unsafe and could cause an accident.

Reality: You’ll have more than enough time to take a rolling re-test safely. When you first get into your vehicle, you’ll need to blow into the device to start your engine. You may also be required to take a re-test sometime during your ride. This could be distracting, it is important to always drive cautiously while using this device.

MYTH: IID’s can shut off the car engine at any time.

Reality: An IID won’t just shut off your vehicle, even if you fail a breath test. These devices prevent a vehicle from starting, but they won’t shut down your car in the middle of a ride for any reason. Taking a rolling re-test will record the violation if you fail, but it won’t stop your car and put you in harm’s way. Remember that the job of an IID is to keep you and others safe. If you have further questions about what your IID is capable of (and what it can’t do), be sure to ask your DUII defense attorney for clarification.

MYTH: IIDs can drain your car battery.

Reality: Unless you just don’t drive your car for two weeks straight, it’s unlikely that your interlock device will drain your battery to the point where it wouldn’t start. It’s understandable that you’d be worried about damage to your vehicle, but this isn’t something you’ll really need to be concerned about. As long as your vehicle’s electrical system is in good working order, there’s no reason why an IID should harm your battery.

MYTH: These devices are expensive to install.

Reality: It’s true that you will have to bear the cost of the IID installation and operation. Some states do have programs to help offenders who cannot afford these costs. Fortunately, they probably aren’t as high as you’d think. MADD estimates that installation costs anywhere from $70 to $150 to install, and anywhere from $60 to $80 every month for calibration and device monitoring. Your DUII defense attorney will tell you that you should refrain from drinking alcohol during this time, so the money you’ll save on alcohol purchases could easily go towards this expense.

If you’ve been charged with driving under the influence of intoxicants, you’ll need an experienced DUII defense attorney to help protect your rights. Contact us today to learn more.

In My Defense: Examples Of Defenses Used In Solicitation Cases

Although being charged with commercial sex solicitation can be scary and stressful, it doesn’t mean you’re trapped in a hopeless situation. An experienced prostitution attorney will know how to argue a legitimate defense on your behalf. You should always be honest with your attorney so they are in the best position to defend your rights. Knowing the facts of your case, they may use one of the following as a defense during your trial.

In some cases, prostitution attorneys will find it’s appropriate to use a “mistake” defense. For example, if the defendant did not intend to engage in a sexual act (e.g., if they simply made a date with an escort service without knowing sex acts were involved), they might not be found guilty under the law. This is an appropriate defense for someone who was arrested in an area known for prostitution or in a massage parlor. This defense could also be explained as a “wrong place, wrong time” situation.

If there is no recorded evidence to support the solicitation charge (i.e., recordings, video footage, or physical evidence), your attorney may use this to argue on your behalf. If there was merely a vague conversation that took place, rather than a concrete agreement that involved the exchange of money, prostitution attorneys may argue lack of evidence. Alternatively, your lawyer could argue that the offer of solicitation was merely a joke rather than a proposition. When the evidence can’t sufficiently convict you, the charges may be dismissed or you may be acquitted.

The bottom line is that if you have been charged with commercial sex solicitation, you need a qualified attorney to defend your rights and represent you in court. Jared Justice is here to help. For more information or to schedule a consultation, contact us right away.

What You Need To Know About Underage DUII Charges in Oregon

Calling a criminal defense attorney might not be something you would like to do, but it is often the right course of action. If you have been arrested or are facing criminal charges for a DUII in Oregon and you are under the age of 21, then it is almost always the right course of action. Because drunk driving is such a stigmatized criminal offense in our society, you will need to put your best foot forward in forming your defense. If you are found guilty of driving under the influence of alcohol, drugs, or intoxicants; your DUII conviction could affect you personally, financially, socially, and professionally.

For young people just starting their careers, this conviction can affect the course of their entire life. When 17% of all fatal car crashes involve an under 21-year-old intoxicated driver, but only 10% of licensed drivers are under 21, it is easy to see why so many judges, juries, and prosecutors take these crimes so seriously. Even if no one was injured in your case, and even if this is your first offense, the consequences can be severe.

What should you know and do if you are an underage driver facing DUII charges? While only your criminal defense attorney can provide specific legal advice about your situation, there are some important things to consider.

Call a criminal defense attorney.

This is the number one action to take following an arrest for drunk driving. Ideally, this should take place before talking to any police officers, but rarely does. Be aware, if you cannot afford a criminal defense attorney, you still have the right to representation.; public defenders often handle many cases at once, which is why most people choose to hire a private criminal defense lawyer whenever possible.

Your attorney will not only make sure that your constitutional rights are protected during every step of the legal process, but they will also advocate for you. For first offenders, it is sometimes possible to have charges dropped if the defendant agrees to certain conditions. A criminal defense attorney will be able to request alternatives to jail time such as the DUII diversion program.

Tell your attorney everything.

Criminal defense lawyers are there to help you. They are bound by law to maintain confidentiality and privilege. It is important to be completely honest with your attorney about your situation, so that they are better able to represent you. Honesty will help with anticipating the questions the prosecutor will raise at trial, and it will also help determine whether or not it is a good idea to go to trial or to negotiate a plea deal.

Listen.

Your lawyer has likely handled dozens of cases like this before. When you are given legal advice by your attorney, remember they are an expert. Advice and guidance are some of the most important things an attorney can give you involving your legal troubles.

While facing a DUII charge as an underage driver can be terrifying, remember that you really are innocent until proven guilty. To stay that way, call a criminal defense attorney as your first line of defense for DUII cases. With legal assistance, a DUII arrest does not have to change the course of your life.

DUII Charges and Diversion

Although the state of Oregon prohibits drivers from operating a vehicle while under the influence of alcohol, drugs, intoxicants, or any combination thereof; such incidents happen more than we’d like to believe. The decision to drive while intoxicated can have serious consequences on your own life and on the lives of others. Even if you have made this kind of mistake, you are still entitled to legal representation in all criminal matters and may not be forced to live with the consequences forever.

If you are charged with a DUII and are a first-time offender, you may be eligible for the DUII diversion program. In certain situations, an individual may be able to have the charges against them dismissed if he or she successfully completes the specific conditions outlined in the diversion program.

Essentially, this program allows a person charged with DUII to plead guilty or no contest in exchange for the chance to complete certain conditions. If these conditions are successfully completed, the charges get dismissed. This gives the charged individual an opportunity to show they are capable of change and rehabilitation while avoiding jail time and a conviction on their record.

Diversion programs generally include alcohol and drug abuse treatment, ignition interlock device installment, a victim impact panel, and more. The defendant must abstain from alcohol and follow through with all criteria. Otherwise, the court may terminate the diversion agreement and the individual will be sentenced.

If you have been charged with a crime, you’ll need qualified legal representation. Whether or not you are eligible for diversion, your lawyer can work with you to defend your rights and pursue the best course of action for your case. Contact Jared Justice today to schedule a consultation.