Bend DUII arrests: The numbers, what they mean and how Oregon’s DUII laws are changing
(Update: Adding video, comments from Bend PD, Deschutes County medical examiner)
BEND, Ore. (KTVZ) -- NewsChannel 21 set out to look at the differences the numbers can tell us between drug- and alcohol-related DUII arrests in Bend and their impact on the community, as well as some changes in state law related to DUII.
The number of Driving Under the Influence of Intoxicants arrests in Bend during 2023 was just slightly lower than the record number of 684 recorded the year before.
Among those arrests, there isn't a large distinction between drug- and alcohol-related DUIIs. The vast majority of arrests for intoxication are alcohol-related, while the the drug-related DUIIs include alcohol as well.
In 2022, of the nearly 700 DUII arrests made in Bend, only 88 were solely drug-related, the data shows.
According to Bend Police Communications Manager Sheila Miller, "What we find often is that people have both alcohol and drugs in their system, but if they test positive for alcohol, that is enough to prove impairment."
"So we don't necessarily then do a blood test to prove drug impairment as well, which is why the vast majority (of the DUII arrests) are alcohol, but there may be some of those that are alcohol plus drugs, plus marijuana," Miller explained Friday.
“When I looked at the numbers, we were at at least 40 between Thanksgiving and today, so that’s more than one a day," she added. "And we’re probably about one a day or more than one a day.”
If officers suspect a driver is impaired, they will perform a field sobriety test. If the driver fails, they'll be taken into custody, followed by a Breathalyzer test. If the driver refuses, officers can get a warrant for a breath or blood test.
Police can also use urine toxicology testing. If the breath test is negative, but officers suspect impairment, the driver is given a blood test. Typically it's ordered if the driver has caused a crash and is taken to the hospital.
St. Charles Trauma Doctor Annie Onishi said, "In general, every trauma patient gets a blood alcohol level drawn, as well as a urine toxicology screen. That stuff is totally admissible in court, and is not part of your protected medical record. There's many times folks have indulged or imbibed in all sorts of illegal and legal substances. And again, this is something that we can catch on a urine toxicology screen.”
With the new year, Oregon's DUII law is changing slightly. Miller commented shortly before the new year began, “Right now, it's drugs and alcohol generally. But beginning in January, if you show signs of impairment from things that are, you know, over-the-counter like NyQuil or NoDoz or something like that, and you're impaired because of those things, you can also receive a DUI.”
Starting in 2024, drivers could be subject to a DUII if they overuse over-the counter medications or prescription drugs.
Penalties for DUIIs start at a minimum of $1,000 and can increase to $2,000 if you blood alcohol level is greater than 0.15, nearly double Oregon's legal limit of .08. Your driver's license will also be suspended for a year, and after the year, an ignition interlock device will be need to be installed, which prevents people from starting their vehicle if their alcohol level is too high.
