COVID-19 Frequently Asked Questions
DUI COVID FAQs
Is RDF Still open right now?
Here at RDF, every team member can work remotely, so we can keep on helping you not only wherever you are, but also wherever we are. Please know that regardless of whether we are working from our offices or from our homes, you will be able to contact your team and we will continue to work on your case to get you the best result.
What will happen to my case if the courts close?
It’s important to note that your case is not going to go away, and you are still expected to complete the requirements that the court has set up for you. Any court appearance might be pushed out to a later date, or it might be telephonic instead of in person. Similarly, you might have a little more time to complete elements of your case that include large group meetings. We don’t yet know all the solutions that are available to us, but rest assured, our attorneys are looking for the opportunities for you during this time.
I’ve heard police aren’t arresting people for DUI right now. Is this true?
People are still being arrested for DUII. But many people are being cited and released to appear at court at a later date, rather than being booked into jail, due to health concerns related to COVID-19.
People are typically transported to a police station after being arrested for DUII. From there, the officer can either book you into the jail (where you can be held until your court date, post bail, or be released by a release officer with release conditions), or issue you a citation and release you (either to a friend or family member, or on your own after you’ve sobered up). A misdemeanor citation is a criminal ticket with a future court date.
Police may not be going through the process of booking people into jail due to the health precautions associated with COVID-19, but they are still actively pulling people over, making arrests and issuing citations charging people for the criminal offense of DUII.
How does COVID-19 affect any requirement to give a breath test?
We don’t believe that there will be any impacts on the requirement for a person suspected of being DUII to submit to a breath test. The mouthpiece that one blows into on the Intoxylizer 8000 is replaced for each person.
I was given an arraignment date, but the court is closed – what do I do?
Most Oregon courts are closed to in-person hearings until June 1. Some jurisdictions however are still moving forward with arraignments. They are encouraged to handle these proceedings remotely (which usually means telephonically), if at all possible. The best answer is to talk with your attorney to determine what is the best course of action given your specific case.
Are courts open to telephonic appearances?
Some. It depends on the court. RDF attorneys are currently at the forefront of those working to use technology to process documents, make court appearances, and resolve cases, without any physical proximity between people. And we’re happy to report that we have had success with several courts in proceeding via entirely remote appearance via telephone. It’s important to understand that the courts are used to operating in very specific, and very set, ways. However, now is a fantastic opportunity for us to work with the courts and prosecutors to find new ways to effectively resolve cases in a timely manner. We’re doing just that.
Is my case still moving forward during this time? Are District Attorneys still working?
Oh, we’re still working. And DA’s are certainly still working depending on which jurisdiction. Your case is still active, and your RDF attorney is still negotiating with the prosecutor as possible to work out the best resolution possible in your case. We are doing everything within our control to move your case forward during these uncertain times.
DMV Hearing COVID FAQs
Are DMV Administrative Hearings still happening? If not, will my license still be suspended after the 30-day window?
Yes, all suspension hearings are still being held, however most of them are moving to a telephonic format. The Implied Consent suspension process remains in effect, and DMV will continue to propose suspensions for failing or refusing a breath, blood or urine test. And you continue to have a right to a hearing to challenge that suspension. What we don’t know is whether that hearing will occur within the normal timeframe or be set out to a later date and time. If your hearing is set out specifically due to the COVID-19 pandemic, know that you will temporarily be allowed to drive until a hearing is held and a decision is rendered as to whether or not to impose the suspension.”
DUI Diversion & Probation COVID FAQs
Does the 30-day window to enter Diversion still apply if my court case has been delayed?
Very unlikely. While DUII diversion is usually only available within the 30 days since the court case has been filed by the prosecutor, there is an allowance to extend that time frame for “good cause.” We can comfortably say that most courts will readily agree that the COVID-19 pandemic constitutes “good cause” to allow DUII diversion entry at a later date. But you’ll want to confirm with your attorney how each specific jurisdiction is handling calendaring.
What are my options for completing treatment classes if I can’t attend in person?
This is developing. The availability of online resources continues to evolve day to day. Slowly, but surely, the courts, evaluators, treatment providers are working together to determine what options are available while adhering to social distancing and the strict guidelines set by the Governor. If you are already engaged in treatment, the best thing you can do is stay in close contact with your treatment provider to follow their instructions as to how to proceed.
Are there online options for the VIP?
This is also a developing resource. There is an on-line option, but not all evaluation services agencies are allowing this in-lieu of postponing the in-person VIP. The best thing you can do right now is consult with your legal team as to what has been offered in your county, or consult with your county evaluator’s office to determine whether county-run VIP’s are operating online.”
How do I submit UA tests?
A new Temporary Rule Notice (TRN) is in effect 03/23/2020 THROUGH 09/18/2020, which “allows completion of a DUII Program without urinalysis during declared infectious disease state of emergency.”
This means that you can complete your DUII Diversion or complete the treatment portion of your probation successfully without the UA component IF you've completed everything else and your ability to take UA's is affected due to the COVID-19 pandemic. Typically, in order to obtain a certificate of completion from a treatment facility, a certain number of random UAs must be completed. This TRN amends that requirement during the pandemic. Make sure to confirm that you meet the qualifications with your specific treatment provider and your supervising agency.
Are there options for discounted treatment costs if I lost my job but still must attend classes?
This will depend on your treatment facility. Talk to them and see what guidance they can offer.
Do I still have to pay my court fees if I lost my job?
Yes, you will ultimately still need to pay your court fees. However, contact your legal team or the court cashier directly as possible to either request a temporary delay in payments or to set up a payment plan. Individual courts have been given the authority to waive collections fees during the COVID crisis.
Can I still attend AA meetings?
You can still attend meetings online.
Do I still have to get an IID installed if I lost my job and am being ordered to stay home?
We have heard that IID providers are being viewed as essential businesses during this time and are open and operational. If you are not allowed to drive without an IID installed, that requirement remains in effect. If you would like to discuss further your options regarding the IID and potential exceptions, speak with your legal team
Are there options for discounted IID fees if I lost my job?
We have heard of IID companies that have offers that their installers may not know about. For example, Lifesaver has a way to sign up for free installation online.
Or, you can call and mention code: LS2020Free, so we recommend doing a bit of research before you have your IID installed, because the offers and options are changing daily. In addition, some interlock companies offer fee discounts to people who receive Supplemental Nutrition Assistance Program (SNAP) benefits.