DUII: Signs of Impairment

Have you ever drunk too much? I never have.

With so many amazing wines, beers, and spirits crafted here in Oregon, it’s not hard to see how one might have a glass too many every now and then. It is not unlawful for you to drive after having a drink. I don’t think anyone will argue this point, even in a bar around closing time.

The legal limit in the State of Oregon is .08%. However, you can be charged and convicted of DUII with a BAC of less than .08%. I dare you to bring this up at the next family gathering that continues into the early hours of the morning. I promise your grandfather will tell you the legal limit is .15%, and your sketchy cousin will tell you he was arrested last Friday night for DUII, and the officer let him go after he demanded to be released because his Breathalyzer result was a .07%.

Your grandfather is thinking of the presumptive limit in the 1960’s from wherever he used to live, and nobody believes your cousin…remember his alleged girlfriend? To be arrested and convicted of driving under the influence of intoxicants, your physical or mental faculties need to be adversely affected by the use of intoxicating liquor to a noticeable or perceptible degree. Your low BAC does not matter if your physical and mental faculties are impaired to a noticeable or perceptible degree.

So the question is what do you look like when your physical and mental faculties are adversely affected to a noticeable or perceptible degree?

The images that come to mind hopefully bring a smile to your face. Perhaps there were awesome experimental dance moves unveiled for the first time ever at a wedding over the course of 5 consecutive songs. Perhaps you were being too nice, too chatty, and making too many plans with a person you don’t really like. Maybe you were boisterous, charming, and funny, and delivered the perfect off color joke no one saw coming? I would argue that these are all wonderful yet obvious signs that your physical and mental faculties are impaired to a noticeable or perceptible degree.

There are also less obvious signs. Misplacing your phone, purse, or wallet, neglecting to zip your fly or properly button a shirt, dropping an object you were holding, tripping over a rock, responding to a question too slowly, making a wrong turn in your car, making a wide turn, running a light, getting turned around in a neighborhood, not being able to find your proof of car insurance and other documentation…these incidents are common, and in and of themselves do not make one intoxicated, but the more of them that occur together at a time, the more indicative of physical and mental impairment they become.

Signs of impairment are essential to be arrested, charged, and convicted of DUII. They are also the reason why your low BAC does not mean you will not be convicted of DUII.

Enjoy your drink. Enjoy friends and family. Know how alcohol affects you, and if you have had too much to drink, do not drive. Even if you have not had too much to drink, don’t put yourself in a position where you could even be suspected of DUII. Let someone else drive or call a cab.

Good news, Salem! "The Salem City Council​ passed an ordinance at the May 8 City Council meeting​ that makes it easier for transportation network companies (TNCs), like Uber or Lyft, to operate in City limits. Because ordinances go into effect 30 days after Council approval, TNCs can apply for a license to operate in the City on June 7, 2017. Once a TNC receives its license, its network of drivers can begin working within City limits."

http://www.cityofsalem.net/Pages/salem-city-council-approves-code-changes-to-allow-ridesharing-companies.aspx

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