Oregon's DUII (driving under the influence of intoxicants) laws prohibit driving:
Under Oregon law, "under the influence" is defined as having one's physical or mental facilities are "adversely affected to a noticeable or perceptible degree" as the result of ingesting drugs and/or alcohol.
A DUII arrest will normally result in administrative (license-related) penalties even if the person is never convicted in criminal court. And if the offender is ultimately convicted of a DUII, criminal penalties are imposed in addition to the administrative consequences.
In Oregon, a motorist can commit attempted DUII by intentionally engaging in conduct that constitutes a "substantial step toward" driving with a BAC at or above .08% or while under the influence.
Additionally, an offender can commit a DUII offense while driving something other than a car, truck, or motorcycle. For purposes of the DUII laws, the definition of "vehicle" is broad and can include boats, bicycles, mopeds, scooters, and motorized wheelchairs in some circumstances. However, devices that are powered exclusively by human power (except bicycles) are exempt from Oregon's DUII laws.
Oregon imposes mandatory minimum sentences for DUII convictions. The penalties increase depending on how many prior convictions the offender has and how close together the convictions occurred. The chart below details the minimum and maximum penalties for a first, second, and third DUII.
|
Jail |
48 hours (or 80 hours community service) to 1 year |
48 hours (or 80 hours community service) to 1 year |
90 days (if convicted of DUII at least two times in the past 10 years) to 5 years |
|
Fines |
$1,000 ($2,000 if BAC is .15% or more) to $6,250 ($10,000 if passenger is under 18 years and is at least three years younger than the driver) |
$1,500 ($2,000 if BAC is .15% or more) to $6,250 ($10,000 if passenger is under 18 years and is at least three years younger than the driver) |
$2,000 (if the person is not sentenced to a term of imprisonment) to $125,000 (if convicted of a class C felony) |
|
License Suspension |
1 year |
3 years |
Permanent (may petition the court to restore license after 10 years) |
|
1 year |
2 years |
2 to 5 years (depending on the timing of prior convictions) |
The trial judge has the discretion to impose additional incarceration, community service, and/or fines beyond the minimums. In deciding whether to do so, the judge is likely to consider factors like criminal history, the offender's BAC, and whether the offense involved injuries or property damage.
Oregon's "implied consent" laws require all motorists who are lawfully arrested for a DUII to submit to a breath, blood, or urine test. Motorists who refuse testing face the following license suspension periods.
|
1st Offense |
2nd offense |
3rd Offense |
|
|
License Suspension |
1 year |
3 years |
3 years |
A suspension for refusing to take a urine test is consecutive to any other suspension imposed under the implied consent laws.
Generally, a BAC of .08% or more is considered a failed test. But for a person who holds a commercial driver's license, a BAC of .04% or more qualifies as a failed test. Motorists who fail a chemical test face the following license suspension periods.
|
1st Offense |
2nd offense |
3rd Offense |
|
|
License Suspension |
90 days |
1 year |
1 year |
The consequences for a second or third offense refusal or failed test apply if within the last five years the motorist had a DUII conviction, participated in a diversion or similar drug/alcohol program, or had a suspended license due to an implied consent violation.
All DUII offenders are required to complete a screening assessment and a substance abuse treatment program. The screening assessment is $150 and determines the type of program the offender must complete. Oregon law also requires all DUII offenders to attend a Victim Impact Panel (VIP). The fee for the VIP ranges from $5 to $50. The offender is usually responsible for paying the VIP and assessment fees.
Finally, a DUII offender will typically serve a period of probation. The type and length of probation vary, but usually, it will not exceed five years.
Under Oregon law, plea bargaining is prohibited in DUII cases. Therefore, someone charged with a DUII in Oregon generally only has two options to resolve the case: pleading guilty or going to trial. In other words, an offender can't plead guilty or no contest to another offense in exchange for a dismissal of the DUII charge. However, certain offenders can obtain a dismissal by completing a diversion program.
Oregon's DUII and implied consent laws are complicated and the facts of each DUII case vary. If you have been charged with a DUII in Oregon, you should seek the advice of a local criminal defense attorney.