On Thursday, April 12, 2018, Washington County Circuit Court Judge Andy Erwin sentenced 50 year-old Andrew Mascarenas of Cheyenne, Wyoming, to the maximum 60 months in prison for his tenth conviction for Driving Under the Influence of Intoxicants. Mascarenas, who served 21-24 months in prison on his last DUII, appeared in the custody of the Washington County Sheriff’s Office after a jury found him guilty of Felony DUII and Reckless Driving the day before.
These charges stemmed from an incident in the early morning hours of January 14, 2018. Mascarenas left The Dolphin strip club at approximately 2:30am driving a black Nissan Altima. Deputy Gary Upton of the WCSO pulled him over after Mascarenas drove the wrong way down Beaverton-Hillsdale Highway, crossed over the concrete center median divider, and nearly struck another vehicle that was forced to swerve out of the way. Mascarenas claimed to have only had “two beers” during his 5 ½ hours at The Dolphin, but still said that he “drank too much” and admitted that he should not have been driving. Mascarenas refused to take field sobriety tests or a breath test.
At trial the defense claimed that Mascarenas had not been under the influence of alcohol but rather in the midst of a diabetic episode. Jail medical staff had determined his blood sugar was abnormally high the morning of the arrest, but at the time Mascarenas said that was normal for him and higher blood sugar actually makes him feel better. The defense attempted to walk back Mascarenas’ earlier comments about his diabetes and intoxication, arguing that at the time he did not understand what was happening in his own body. The jury rejected these claims and convicted him of all counts.
At sentencing DDA Tucker Rossetto listed the nine DUIIs Mascarenas committed between 1990 and 2012, and discussed the great danger he presents to the community. Judge Erwin agreed, and explained that given the defendant’s history his sentence must prioritize public safety and the need to keep him away from alcohol and vehicles as long as possible. Mascarenas faces immediate transfer to the Oregon Department of Corrections.
