By WILLIAM FRANCIS
What Booking Is
Booking is a process in which a person goes to a jail, gets photographed and fingerprinted, and is assigned a "state identification number."
Usually, the police move on after an arrest. Booking often doesn't happen until 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 to go then to the Jackson County Jail to be "processed."
Police almost never arrest or hold the people who come to the jail for booking. As soon as they have their pictures and fingerprints done, they go on their way.
How It's Done
To be "booked," or "processed," a person who has been cited for a crime and released without being taken to the jail will have to report to the court and sign a release agreement after being arraigned on a criminal charge.
The release agreement is a promise to appear in court at the next hearing date, and an instruction to report to the jail.
At the jail, a deputy takes pictures and fingerprints. A "state identification number" is assigned. The "process" generally takes a couple of hours.
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.
Arrest and booking procedures have changed in Oregon.
Unless the police decide (or are required otherwise) to put someone in jail, a person who is arrested and taken into custody often won't get booked after an arrest. In many cases, the police leave the arrested person in the custody of a private "detoxification facility." Police also have the discretion to release a driver cited for DUI to a responsible sober person. There are some nice police who give some of their newly-minted defendants a ride home. One way or another, most drivers who are arrested are not taken to jail and are released without being "booked."
To get booked in Jackson County, you have to go to the Jackson County Jail. If you are out of custody, you will have to go see the court clerk at the Jackson County Justice Building and sign a release agreement before you go to the jail.
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, a Multnomah County judge, told me before this measure was enacted that he was interested in tracking the success rates and the recidivism rates of persons enrolled in various DUI treatment programs. He wanted these State Identification Numbers assigned for this purpose. In the meantime, however, the courts seem to have elevated the importance of the booking statutes to a strict, new level of data collection and compliance.
It is unknown to me if any data is being compiled locally that has something to do with the stated intent of this law, which was to collect data on the success of various local treatment programs.
The Official Oregon Booking Statute:
ORS 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.
The courts have viewed their role 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. There are clerks assigned to keep track of defendants who haven't been booked. If a defendant returns to court for a second appearance and hasn't been booked, the judges don't like it.
A person who needs to be 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. On these websites, the photographs that are taken at the jail, and the charges filed against a criminal defendant, are public record. Deputies and 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 images go up immediately when an inmate is taken into custody. These photos are taken down almost immediately when a person is released from jail.
However, it is generally impossible to remove or delete images and files from data-gathering sites. Information and photographs posted on a particular public mugshot website may be removed with the agreement of the mugshot website operator.
The process of having a mugshot removed from a website (and the price of this "service") change frequently. There is virtually always a "fee" for having a mugshot removed from these sites. Recently, mugshot sites have posted links to one or another "mugshot removal" site. Proceed with caution. These cost money.
As you already know, once your mugshot is taken by a law enforcement agency, or has been posted online, it will be available on some server cache, somewhere, forever.
You Can Talk to Me
As you have gathered, there's usually not a lot I can do about the booking process or the mugshot situation. On the other hand, if you have been arrested or charged with a criminal offense, there is absolutely no rational reason to not discuss your case with a qualified, experienced legal specialist who can help you resolve your legal problems.
If you are being investigated or prosecuted in a criminal or DUI matter, you're welcome to call my office, at 541 773-4000. Lines are live from 5 a.m. to 6 p.m.
By WILLIAM FRANCIS
There are a variety of methods to determine the amount of alcohol present in your system. These include breath, urine, and blood tests.
A breath test is a common method used by police to measure your blood alcohol content (BAC). The police usually do this by getting a sample of your breath. As you blow into a hose, a machine measures your breath and then calculates an estimate of your actual, blood-alcohol level. In Oregon, as in most of the United States, the BAC "limit" is .08 percent.
There are a variety of devices that can be used to measure the alcohol in your breath. Throughout Oregon, police use only the Intoxylizer 8000. This device analyzes your breath to give an estimate of BAC. It does this by measuring the amount of infrared light alcohol absorbs when a person is exhaling into a hose that is connected to this device. The principle is, simply, the more light absorbed, the higher the BAC.
If a police officer suspects you of driving under the influence, you can be asked to submit to a breath test to determine the level of alcohol in your system. This is when it is important to be aware of Oregon's implied consent law. This law states that by driving a vehicle in Oregon you have given your implied consent to submit to a breath, blood, or urine test if requested to do so by a police officer.
While you do have a right to refuse to submit any or all of these tests , there can potentially be significant consequences if you choose to do so. By refusing to submit to a breath test evidence of your refusal to take the test can be used against you by the prosecution in your case. In addition, if you fail a breath test that failure can be also be used as evidence against you in a court of law. The arresting officer must inform you of the rights and consequences of deciding to take or refuse the test. You also have the right to call an attorney prior to making a decision on whether or not to take the breath test.
Moreover, there are administrative penalties issued by the Oregon DMV for refusal to take a breath test or failure of a breath test, that are separate and apart from any criminal penalties you may receive. It is important to note that the consequences are more severe for refusal to take the test than if you fail the breath test. Initially, upon failure or refusal of a test, the arresting officer will confiscate your license and issue you a temporary permit which is good for 30 days. (Provided you have a valid Oregon driver's license.) At the time of arrest the officer will provide you with written notice on the DMV's intent to suspend your license. You have ten days from the date of arrest to request a hearing on the suspension. Otherwise, at the end of the 30 days your license will be suspended.
Suspension length depends on whether or not your failed the breath test or refused to take the breath test. For failure of the breath test, your license will be suspended for 90 days for a first offense. Thereafter, your license will be suspended for one year. If you refused the breath test, your license will be suspended for one year for a first offense and for three years for any subsequent offense.
In addition, if you refuse to take the breath test, you cannot request a hardship permit (a license which gives you limited driving privileges) for at least 90 days and, possibly for 3 years if it is not your first offense.
Finally, if you refuse to take a breath test you may be subject to fine. The fine ranges from $500 to $1000.
Things That Can Affect Breath Test Results
Even if you decide to take the breath test and fail it, it is important to be aware that the resulting percentage may not be an accurate representation of your level of intoxication. There are a number of things that can affect the outcome of your breath test.
By WILLIAM FRANCIS
The experience is humiliating, terrifying and unforgettable.
When you were arrested or cited for DUI, you realized immediately that you could be sentenced to time in jail, ordered to pay stiff fines and surrender your driver's license. Then there was more fear and worry. You could lose your job. You could lose your right to travel. You could lose your good reputation.
It's natural to want to turn back the clock. It's common to be angry. It's easy to become confused, frustrated and scared.
If you're in this situation, talk with an attorney who specializes in DUI and other major traffic crimes. A DUI expert can help you understand what's going on.
A competent DUI attorney can look at the facts of your case and see defenses where you thought there were none. For example, a DUI defense attorney will want to know if the police made a lawful stop, or if the police made contact with you improperly or unlawfully.
A police officer may have asked questions and requested that you submit to field sobriety tests. These tests are extremely unreliable and are designed to make you look guilty of DUI.
You may have been asked to blow into a machine. You should know that breath test results can be challenged in court. In Oregon, the state's breath testing machine is the "Intoxilizer 8000." This machine is not the most reliable indicator of a person's blood alcohol content -- and juries are not required to accept the results from this device.