Oregon Drunk Driving Records
Drunk driving is referred as DUI, DWI, OUI, OWI, DUII etc. In Oregon, the offense is called Driving under the Influence of Intoxicants or DUII. This is a criminal offense as it poses threat to the life of the driver as well as all others who are on road or on sidewalks. In Oregon, a driver can also be charged for DUII if the intoxication is due to controlled substances, prescribed or over the counter drugs.
There are strict rules for Oregon drunk driving offenses. For adults, the legal limit of Blood Alcohol Content is 0.08% or higher and for the drivers under 21, any percentage of alcohol in their system is punishable if they fail the field sobriety test.
The penalties for DUII include monetary fine, license points, license suspension or revocation, incarceration, community service, probation and attending DUI School, Alcohol Abuse Program or Substance Abuse Program. These get worse if there had been any prior conviction. The worst part is that it adds to your driving record and concurrently is registered as a criminal record against your name.
Obtaining Oregon Driving Records
In Oregon, driving records are maintained by Department of Motor Vehicles. These are public records and anyone can make request to obtain them. The Department maintains the secrecy of personal information like name, address, Social Security Number, phone numbers and license number. Generic information like convictions, violations, suspension or revocation of license and points are provided in the records requested by a second party.
To get your DUII record, you will need your driving record. This request can be made to DMV in person or through the mail. Even when you request personally, documents are sent by mail only. Fill out the 7266 form from http://www.odot.state.or.us/forms/dmv/7266.pdf. Provide the personal details like name, address, birth date and your license number.
Fees are detailed at http://www.oregon.gov/ODOT/DMV/records/available.shtml#DRecs. Make the check payable to DMV Oregon. Send to DMV Headquarters, Attn: Record Services, 1905 Lana Ave. NE, Salem, OR 97314.
You can also call at (503) 945-5000 to follow up the request. If you want the department to have your record faxed to you or dispatched to an address other than the one that they have on file, furnish exclusive details like birth date, place of birth, maiden name of your mother and the address that is in the records.
Oregon Driving Records as Part of a Background Check
Many companies run a background check to know about the criminal records of the prospective employee, especially if driving is crucial to the job. In Oregon, employers or insurance companies can request for open-ended non-employment driving records.
Form 6691 is required, which can be downloaded at http://www.odot.state.or.us/forms/dmv/6691.pdf. The fee for this record is $1.50 which should be paid to DMV Oregon. Mentioned that you know about omission of personal information from such records.
If you have been authorized by the person concerned to obtain the driving records including personal information, send form 7122. You can get this form from http://www.odot.state.or.us/forms/dmv/7122.pdf. You will need to furnish your request with proper documents to prove that you are eligible to get the personal information.
DMV has very strict regulations about the release of such information. Thus if it is figured out that the information extracted from the record section has been misused or violated, you will be charged under Oregon’s Record Privacy Law of ORS 802.175 – 802.191. Criminal procedure or civil action is taken against the offender.
Expunging Drunk Driving Charges
DUII charges, along with other traffic offenses, are not allowed to be expunged or sealed. New legislation due for implemented in 2010 allows DUII arrest records to be expunged only if the case has dismissed or you have not been found guilty by the court.
Not all DUII dismissed cases can be expunged either. Arrests made for cases dismissed that are not related to DUII are expunged. Cases can be expunged if the district attorney declines to prosecute the case. To know more about this new legislation, visit http://www.leg.state.or.us/09reg/measures/hb2300.dir/hb2318.http://www.peoplepublicrecords.org/en.html
According to existing law, everyone charged for DUII in Oregon is guilty as per the records. But after several cases of not-guilty drivers who passed the sobriety test and were booked anyway, the state had to face few lawsuits. The amendment of the expungement law is a result of those lawsuits and now no innocent driver has to carry a criminal record.
Life can become hard with a criminal record and since DUII records cannot be expunged, it is better not to operate a vehicle in an intoxicated condition. Either you can wait till you get sober or call a taxi to reach your home. There is definitely nothing to feel embarrassed about it as it is an intelligent solution rather than ending up in jail with a permanent blemish on the driving and well as criminal record.
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