Winter 2017 Scholarship Winner

I would like to congratulate Gary Starks on winning the Persons in Recovery Scholarship. Gary is a student at the University of Louisville and is set to graduate this year. Really happy I could award Gary the scholarship, he’s an amazing success!

Our next scholarship will be awarded this summer. Please remember it only applies to PEOPLE IN RECOVERY FROM DRUG AND ALCOHOL ADDICTION. 

Scholarship Winner

I would like to congratulate Meredith Haberle of Franklin University in Ohio. She’s a Computer Science major and is set to graduate in 2018. She’s an amazing story, having now been in recovery for over 9 years. She’s also set to be the first person in her family to have a college degree. Way to go, Meredith!

If you didn’t win this time around, feel free to reapply when we re-up the scholarship. There will be changes this time around, so please check before reapplying. On that note, please fully read the requirements before applying. This scholarship was for people in recovery from drug and alcohol addiction, not anything else. Thanks for everyone who applied, there were some great essays!


Do I Have to Get an Ignition Interlock Device (IID) While on Diversion?

Yes, unless you meet one of the 2 recognized exemptions. The Oregon DUII Diversion Agreement requires everyone who enters diversion to have an interlock on any car they drive, while they have driving privileges, for the entire diversion period.

There are 2 recognized exemptions. The first is the medical condition. You’d have to have a medical condition, and the documentation to prove it, that would prevent you from using an interlock device. To sum it up, you’d need a doctor to attest to what condition you had, whether it was permanent, and whether it prevented you from blowing more than 5 pounds of pressure for 5 seconds or resulted in a ketone level that causes you to fail the test. On DUII Diversion cases, the judge would have the final say.

The other exemption is the employee owned vehicle exemption. If driving an employee owned vehicle, DMV has a form you and your employer fill out, and you must keep it with you any time your operating an employer owned vehicle with out and IID.

Unless you meet one of these exemptions, you will have to get an IID. Now there is a new law that will potentially allow for the removal of the IID after 6 months, but that will be covered later.

Can I get a Hardship Permit if My License is Suspended for DUI?

Most likely, the answer is yes. But first we need to determine what type of DUI suspension you’re dealing with. There are several suspensions one can get for a DUI in Oregon.

If this is your first DUI and you failed a breath test (blew a .08 or higher) then DMV will attempt to suspend your license for 90 days. For the sake of this post, we’re not gonna address the DMV or Implied Consent hearing where we have a chance to challenge that suspension. On these 90 day suspensions, you should be eligible for a hardship permit, but DMV has a 30 day waiting period for them. So that means that DMV will only issue the permit for the last 60 days of the suspension and you’ll have find alternate transportation for the first 30 days.

Now same situation, your first DUI, but you refused the breath test. DMV will suspend your license for 1 year, and in this situation, there’s a 90 day waiting period. So on the refusal suspensions, you will not be able to drive at all for the first 90 days of the suspension and until DMV approves your hardship permit application.

If you do Diversion and successfully complete it, there will be no additional suspension. Diversion does not have a suspension.

Let say after you do Diversion, you get another DUI (it happens). Then in addition to the DMV breath test and refusal suspensions, you’re also looking at a 1 year suspension imposed by the court if you are ultimately convicted. Now on these suspensions, there is no official waiting period, but you do have to have the convicting judge sign your hardship application. And most times, these judges want to see that your getting some stuff done before they will sign it. These waiting times vary from county to county.

The problem many people fall in to, is that if they fail a breath test or refuse a breath test within 5 years of a previous breath test failure or suspension, then you’re looking a DMV “enhanced” suspension. These are 1 year for a failure and 3 years for a refusal. THERE IS NO HARDSHIP FOR THESE SUSPENSIONS.

Some people get another DUI that will result in a 2nd conviction. If it is within 5 years of the last conviction, this will result in a 3 year suspension. You would be hardship eligible, but as this is a court suspension, the judge’s signature would be required, and DMV makes you jump through a few more hoops. If it’s outside the 5 year window, then it will just be a 1 year suspension.

Now if you get a 3rd lifetime conviction, then the court will revoke your license for life and there will be no hardship permit. You are eligible to petition the court in 10 years to have your license reinstated.

I think that covers them all.

Alcohol by Volume for Popular Whiskeys, Vodka, Gin, and Rum

In a recent post I mentioned the number of drinks it takes to become intoxicated varies depending on many factors. One of the factors is the type of alcohol and the alcohol by volume in the drink. Below you will find some of the statistics when it comes to ABV and the proof of a whiskey, vodka, gin or rum drink.


Jameson ABV: 40%, 80 Proof
Jack Daniels ABV: 40%, 80 Proof
Jim Beam ABV: 40%, 80 Proof
Crown Royale ABV: 40%, 80 Proof
Maker’s Mark ABV: 45%, 90 Proof
Johnnie Walker ABV: 40%, 80 Proof
Wild Turkey (101) ABV: 40.5%, 81 Proof
Evan Williams ABV: 43%, 86 Proof
Fireball Cinnamon Flavored Whiskey ABV: 33%, 66 Proof
Southern Comfort ABV: 35%, 70 Proof


Grey Goose ABV: 40%, 80 Proof
Belvedere ABV: 40%, 80 Proof
Ciroc ABV: ABV: 40%, 80 Proof
Stolichnaya (Stoli) ABV: 40%, 80 Proof
Absolut ABV: 40%, 80 Proof
Skyy ABV: 40%, 80 Proof
Svedka ABV: 40%, 80 Proof
Smirnoff ABV: 40%, 80 Proof
Pinnacle ABV: 40%, 80 Proof
Burnetts ABV: 40%, 80 Proof


Bombay ABV: 47%, 94 Proof
Hendricks ABV: 44%, 80 Proof
Seagrams ABV: 40%, 80 Proof
Gordon’s ABV: 37.5%, 75 Proof
Tanqueray London ABV: 47.3%, 94.6 Proof
New Amsterdam ABV: 40%, 80 Proof
Beefeater ABV: 40%, 80 Proof
Plymouth ABV: 41.2%, 82.4 Proof
Genevieve ABV: 47.3%, 94.6 Proof
Fleischmann’s Extra Dry ABV: 40%, 80 Proof


Captain Morgan ABV: 35%, 70 Proof
Malibu ABV: 21%, 42 Proof
Appleton Estates Extra ABV: 40%, 80 Proof
Cacique Antiguo Extra-Aged ABV: 40%, 80 Proof
Brugal Añejo ABV: 43%, 86 Proof
McDowell’s No. 1 Celebration ABV: 40%, 80 Proof
Bacardi Superior ABV: 40%, 80 Proof
Contessa ABV: 40%, 80 Proof
Havana Club Añejo 7 Year Old ABV: 40%, 80 Proof
Montilla Premium ABV: 40%, 80 Proof

The higher the alcohol by volume, and subsequently the proof, the fewer drinks it takes to get “drunk”. Remember, there are other factors that determine how many adult beverages it takes to become intoxicated. If you are on medication or you have a lower tolerance for alcohol the number of drinks to get drunk will be lower than the average person. If you have any questions as it related to alcohol by volume or how the proof of an alcoholic beverage is determined please use this resource.

Busiest Roads in Portland, Oregon During Rush Hour Traffic

It’s important to know where and when traffic is the heaviest, whether you’re looking for the quickest way to work, you’re navigating a new town, or if you’re looking for the safest way to get your kids to and from school.

Below we’ve included a couple of maps of the busiest Portland, Oregon area roadways. We’ll also show you how to do this for yourself in any city across the world later in the article.


Above is a birds eye view of Portland during rush hour on weekdays. Here, we can see that traffic is very congested around the city center, noticing that traffic moves very slow on Interstate 405, Interstate 5, Interstate 84, and Interstate 205 around 5-5:30 p.m. Monday-Friday.


Taking a closer look, we’re able to see not only which Interstates are congested, but which Portland highways and main streets are as well. According to the map, traffic at the intersections of I-405 and I-5 is very bad on both the North and South sides of the city. Interstate 84, coming from the east side of Portland is also very trafficky, as is I-84 West. While most streets downtown are only moderately crowded, NW Lovejoy St., W Burnside Street, SW Clay Street and Highway 99W are perhaps the most crowded roads in downtown Portland. However, the business 405 Turnpike on the west side of Portland looks like it is crowded with standstill traffic during this time of day considering it’s color coded a deep burgundy. We suggest trying to avoid that, though it is only a small section of the overall highway.

When driving anywhere in the United States remember to keep your utmost attention on the road. Unfortunately, there are times when others cause a major accident and you will have to seek the assistance of our RI car accident lawyer friend Kevin Landry. Instead of constantly looking down at your phone for texts, videos or other pieces of content put your smartphone on Do Not Disturb and keep your focus on the road.

How to Find the Busiest Roads in Your City Using Google Maps

1. Search the destination in Google Maps. We’ve chosen Edinburgh, Scotland because we love it there. You should see an information box overlaid onto a map pop up like the one shown below. Here you can find nearby hotels and restaurants in the area, check the weather, view photos and Google Street View, read up on some quick facts about the city, as well as search the traffic patterns.


2. At the very bottom of this prompt box, you’ll usually see an option for “Traffic, Bicycling, Terrain.” Click this. If you don’t see prompt, it may be because the page setup is different. In this case, it will look like Option 2. Click on “Traffic.”

Option 1

Screen Shot 2015-02-15 at 3.06.42 PM


Option 2


3. From here, Google provides you with the option to view live traffic or typical traffic patterns. For our purposes, select “Typical traffic.” You’ll now be able to adjust the day and time of day to see which roads are congested at various times of the day.


Portland’s Highway 26 Has a Yelp Review Page

There are many highways, interstates and intersections that have caused Portland residents and tourists problems over the last decade. This is a new one to us though. Portland’s Highway 26 actually has a Yelp Business page in which you can leave a review. Some of the reviews are quite funny. Here are a few that were a little more tame yet provided some great insight:


Dear Hwy 26,

I dislike you. You need to be at least one lane larger. You are always congested at any given time of the day. You make me want to scream, shout, and give other drivers the finger. Especially when going through the tunnel toward I84 and they cut me off to avoid being stuck in your long, long, line of cars. I’ve gotten in a bad accident on you. Drivers here are nuts and go well over the speed limit around your turns. Every hour seems like rush hour on the west side. And yet, I have to take you nearly every day to get around. Sigh.

Angrily yours,


It’s not your fault Highway 26, it’s ours.
We’ve got plenty of folks who drive this highway like fools.

The stretch between Portland and Hillsboro sucks to high hell.
The stretch between Hillsboro and the coast is a wild ride.
From Portland to Mount Hood is crazy and chock full of white knuckled drivers.

Keep on rockin’ Highway 26.

By the time I have moved on from my current job I will have spent a short lifetime on the 26. Although I don’t take pride in this fact, there are worst freeways to be stuck on. As a commuting veteran on 5 lane freeways, the 26 is a breeze. Yes there is congestion, but show me a freeway that doesn’t! When approaching downtown and once you get into Hillsboro the 26 is a really pretty drive. In the middle there is gets a little strip-mally but that’s Beaverton for you.

I long for the day the 26 wont be a daily part of my life, but all and all it’s alright in my book.

As a DUI and car accident lawyer in the Portland, Oregon area I often field phone calls and receive emails from those that have issues on the roads throughout Portland. Even though some may feel as if Highway 26 is the worst road in America it is important to remember that keeping one’s cool and not getting upset is imperative to avoid any type of misfortune.

That said, there are some situations in which drivers are injured, hurt or are given a DUI. If you are seeking legal representation because of a DUI please contact me today at 503-477-5040. You can also access my Portland DUI Lawyer website for more information.

Can I get a DUI if I blow under a .08%?

The short answer is yes.

There are two ways a prosecutor can prove a DUI in Oregon. The first, and most common way, is to prove beyond a reasonable doubt that your blood alcohol content was a .08% or higher. Usually through a breathalyzer or a blood test.

The second way they can prove guilt is by arguing that you’re impaired. Specifically, your physical or mental faculties were adversely affected by the use of intoxicating liquor to a noticeable or perceptible degree.

Let’s say you blow a .07% and you think you’re in the clear. In reality, cops don’t like to give up on arrests all that easy. So if the officer still thought you were impaired you can still get charged with a DUI.

Portland DUI Lawyer Blog

I’ve started posting recently and I just realized I forgot to introduce myself. My name is Andy Green and I’m a DUI lawyer here in Portland, OR. I also practice criminal defense. A DUI is a crime that affects all people, regardless of background. I want to use this blog to answer common questions I receive from clients about all matters relating to Oregon DUI’s. If you have any questions or something you want me to post about, email me at You can also follow me on google plus here and on Twitter at @DUILawyerPDX. See you soon!

The Difference Between a First DUI and a First DUI Conviction in Oregon

One of the biggest misunderstandings people have when they first contact me is the difference between a first DUI and a first DUI conviction. Now a first DUI could result in a first conviction, but most of the time it doesn’t.

In Oregon, if you are arrested for a DUI for the first time and you meet certain qualifications, you will be eligible for a Diversion. A Diversion is an agreement with the Court that allows you to avoid a conviction.  If you successfully complete the Diversion, the DUI is dismissed after 12 months and a conviction is avoided. A person is only eligible for 1 DUI Diversion every 15 years..

Now if you have already successfully completed a DUI Diversion in the past 15 years and you are arrested for another DUI, then you will be looking at a first DUI conviction.

A first DUI conviction in Oregon will result in a minimum 48 hours in jail or 80 hours of community service. Additionally there will be a minimum $1000 fine and a 1 year license suspension. A conviction will also require the treatment conditions that were present in the diversion as well. Depending on what county your conviction occurs in there will be 12-36 months of either supervised or bench probation.

So given that Oregon allows most people to avoid a conviction on their first DUI arrest, it’s very possible to have been arrested for DUI twice, but only have one DUI conviction.

It’s also important to point out that a person who does DUI Diversion will not have the jail, community service, fines and license suspensions that are associated with a first time conviction.