DUI / DUII DEFENSE ATTORNEY
How It Isn't Done
Anybody who grew up watching television will think they know what is supposed to happen when a person gets arrested for DUI. The police make a traffic stop. Then there is a flash of blinding light, and when the picture resolves, we see a mugshot of some hapless individual, holding up a sign with jail numbers.
This isn't how it happens anymore. (At least, not in Oregon.)
Unless the police decide to put someone in jail, a person arrested and taken into custody won't get booked after their arrest. In many cases, the police leave the arrested person in the custody of a private facility. Police have the discretion to release a driver cited for DUI to a responsible sober person. Most drivers who are arrested but not taken to jail are released without being booked.
How It Is Done
Usually, booking takes place after a person's first court appearance. When a person comes to court for a first appearance (the arraignment), the judge will direct the person to go the the clerk's window and sign a "release agreement," and thence to the Jackson County Jail.
After the release agreement is signed, the person signing it has to go alone to the jail to be photographed, fingerprinted and "processed."
Why It's Done
A law went into effect in 2016 puts the responsibility for booking DUI defendants on Oregon's courts and sheriffs' offices rather than the police who make the arrest. Somehow, it seems the police have gotten judges to do part of their job for them. The sponsor of this legislation, who is a judge in Multnomah County, wanted the courts to be able to track the success rates and the recidivism rates of persons enrolled in various DUI treatment programs. State Identification Numbers are assigned for this purpose.
Here's the statute:
813.017 Arraignment; booking. When a person is arraigned on a charge of driving while under the influence of intoxicants in violation of ORS 813.010, a court shall ensure that the defendant submits to booking, if the person has not already been booked on that charge.
What It Is
The court has taken its part in the booking process seriously. When a defendant comes to court the first time, the judge will tell the person to report to clerk's window and then the jail. If a defendant returns to court for a second appearance and hasn't been booked, the judges don't like it.
Booking is done at the Jackson County Jail. A person getting booked will present a release agreement to the deputy at the jail window. Another deputy will take photographs and fingerprints. A "State Identification Number" will be assigned. This number and the information associated with it will be stored on federal and state law enforcement databases.
Many persons who are arrested for DUI resist the court's directions to get photographed, because they don't want their pictures on a mugshot website. The photographs taken at the jail, and the charges filed against a criminal defendant are public record. Court clerks have been trained to make it a priority to enter this information into government databases.
Additionally, the Jackson County Jail posts photographs of its inmates on the county website. These photos are taken down when a person is released from jail.
However, photographs posted on public mugshot websites may be removed, only with the agreement of the mugshot website operator. There is generally a charge for having a mugshot removed. The process for requesting mugshot removal changes frequently. There are so many mugshot websites it's often difficult and expensive to remove an image from all of them.