Oregon uses the term "driving under the influence of intoxicants" (DUII) instead of DUI (driving under the influence). You can be convicted of a DUII in Oregon if you drive with a blood alcohol concentration (BAC) of .08% or more (often called a "per se" DUI) or while impaired by alcohol, drugs, or a combination of the two. Oregon law specifies that having a BAC that's over the limit within two hours of driving is considered a DUII.
When you're arrested for most crimes, there aren't any penalties unless you're actually convicted of the offense (either by entering a plea or being found guilty at trial). But if you're lawfully arrested for a DUII, there can be administrative consequences—such as license suspension and fees—regardless of whether you're ultimately convicted of the crime. And if you're convicted of a DUII, you'll face additional criminal penalties.
This article covers the penalties for a first DUII offense in Oregon.
A DUII is considered a first offense in Oregon if you don't have any prior DUII convictions. In other words, prior convictions count no matter how long ago they occurred.
A DUII arrest carries administrative penalties, with or without a criminal conviction.
If you're lawfully DUII arrested for a first-offense DUII and chemical testing shows you have a BAC of .08% or more within two hours of driving, you'll typically be facing a 90-day administrative license suspension, even if you aren't subsequently convicted of a DUII.
If you refuse to submit to a chemical test in violation of Oregon's implied consent laws, your license will likely be suspended for a year.
Drivers convicted of first-offense DUIIs are required to have ignition interlock devices (IIDs) on their vehicles for one year after completing their license suspension period. IIDs are also required to obtain and drive with a hardship permit (for driving to and from work, medical appointments, and substance abuse treatment) during the period of license suspension. The driver will be responsible for paying the costs of having the IID installed and maintained.
For a first DUII in Oregon, the driver generally faces jail time or community services, fines, license suspension, and having to complete some type of substance abuse education or treatment.
When a driver is convicted of a first-offense DUII, the judge must sentence the driver to serve a jail sentence or perform community service. A jail sentence for a first offense can range from two days to one year. If the judge orders community service, it must be at least 80 but no more than 250 hours.
For most first-offense DUIIs, the minimum fine is $1,000, plus a $255 conviction fee. However, if your BAC was .15% or more within two hours of driving, your fine will be at least $2,000. The maximum fine, in either case, is $6,250. The maximum fine is raised to $10,000, however, if you had a passenger in your vehicle who was under 18 years old and you were at least three years older than the passenger.
A first DUII conviction carries a one-year license suspension.
All drivers convicted of DUIIs in Oregon must complete a screening interview for the purpose of determining an appropriate substance abuse treatment program; the driver is then required to complete any program recommended by the screener. The driver will generally have to pay for the costs of the treatment program and a $150 fee for the screening. The court can also order the convicted driver to attend a "victim impact" treatment session that will cost the driver from $5 to $50.
Many drivers with first-offense DUIIs will qualify for Oregon's DUII diversion program. Drivers who participate in diversion programs are initially required to enter a plea of guilty or no contest to the DUII charge. But if a driver successfully completes one of these programs, the driver's case will be dismissed after one year.
To get into a DUII diversion program, an eligible driver must file a petition with the court requesting diversion and pay a $490 filing fee. The driver needs to file the petition within 30 days of being charged with a DUII. Generally, a driver is ineligible for diversion if the driver:
Drivers who participate in DUII diversion make a one-year agreement with the court. The conditions of the agreement typically require the driver to:
After completing DUII diversion and paying all the fees, the driver can apply to the court to have the case dismissed.
Oregon's DUII laws are complicated and the facts of each case are different. If you've been arrested or charged for DUII, you should contact an experienced criminal defense attorney in your area who can help you decide how best to proceed with your case.