DWI/DUII - Drunk Driving Laws And Attorneys In Oregon
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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OREGON DRIVING UNDER THE INFLUENCE (DUII) LAW
Oregon’s Implied Consent Law
This law means that by driving a motor vehicle you have implied that
you will consent to a breath, blood, or urine test, if a police officer asks
you to take such a test. The officer may ask you to take a test if the officer
has arrested you for driving under the influence of intoxicants (DUII).
Refusal to take a test is admissible as evidence in court. If you are under
21, you will fail the test if you have a reading of any percentage. If you
are over 21, you will fail the test if your blood alcohol reading is 0.08
percent or more. An implied consent suspension is separate from any
suspension you may receive as a result of a DUII conviction.
If you have a valid Oregon driver license in your possession, the officer
will confiscate it and issue a 30 day temporary driving permit. After
30 days, the suspension is in effect. Suspension lengths vary. If you are
arrested for driving under the influence of intoxicants, and you:
a) Take a breath test and fail it, DMV will suspend your driving
privileges for 90 days. If you have any prior alcohol-related entries on
your driving record within five years, DMV will suspend your driving
privileges for one year.
b) Refuse to take a breath test, DMV will suspend your driving
privileges for one year. Conviction of this charge may result in a fine
up to $1000. If you have any prior alcohol-related entries on your
driving record within five years, DMV will suspend your driving
privileges for three years.
c) Refuse to take a urine test, DMV will suspend your driving
privileges for one year. If you have any prior alcohol-related entries
on your driving record within five years, DMV will suspend your
driving privileges for three years. The suspension for refusing a urine
test will not start until any other Implied Consent suspension (even
from the same arrest) is over.
d) Refuse to take a blood test while receiving medical care in a health
care facility following a motor vehicle crash, DMV will suspend
your driving privileges for one year. If you have any prior alcohol related
entries on your driving record within five years, DMV will
suspend your driving privileges for three years.
e) Fail a blood test while receiving medical care in a health care
facility following a motor vehicle crash, DMV will suspend your
driving privileges for 90 days. If you have any prior alcohol-related
entries on your driving record within five years, DMV will suspend
your driving privileges for one year.
Driving While Intoxicated
You may be found guilty and convicted of driving while under the
influence of intoxicants (DUII) if you drive a vehicle while you are under
the influence of intoxicating liquor, a controlled substance, an inhalant, or
any combination of these substances.
You may be charged with DUII if you commit the offense any place
open to the general public for use of motor vehicles. This includes both
public and privately owned areas, such as shopping center parking lots,
even if a fee is charged for use of the areas.
If you are arrested and take an implied consent test, a blood alcohol
reading of less than 0.08 percent is indirect evidence that may be
used, with other evidence, to decide if you were under the influence of
intoxicants. A reading of 0.08 percent or more is enough to establish that
you were under the influence of intoxicants. If a chemical test is not
taken, you still may be convicted if the police have enough evidence to
convince the judge or jury that you were driving under the influence of
intoxicants.
Diversion Agreement
If you are cited for DUII and you have no other alcohol-related actions
on your record in the past 10 years, and the court agrees, you may
be able to enter a diversion agreement. If you complete the diversion
requirements, you will not have a conviction for DUII on your driving
record. The diversion agreement will show on your record.
The court cannot offer you diversion if you have a commercial driver
license or the offense occurred in a commercial motor vehicle.
DUII Conviction
If you are convicted of DUII:
First Conviction: Mandatory suspension of your driving privilege
for one year.
Second Conviction: Mandatory suspension of your driving privilege
for three years, if the offense occurred within five years of another
DUII conviction.
Third or Subsequent Conviction: Permanent revocation of your
driving privilege.
A fourth or subsequent DUII conviction is a felony offense, if the
offense takes place within ten years of three other DUII convictions.
If you are under 18 years of age and you are convicted of DUII, DMV
will suspend your driving privileges until you are 18 years old or until you
are eligible for reinstatement, whichever comes later.
When a DUII suspension ends, you must meet several reinstatement
requirements before you can obtain a valid driver license. These
requirements include filing proof of future financial responsibility for
three years, installing an ignition interlock device in your vehicle for one
year, (two years for a second or subsequent DUII conviction), submitting
a DUII Treatment Completion Certificate, and paying a reinstatement fee.
In addition to any other sentence that may be imposed, the court shall
impose a fine on a person convicted of driving while under the influence
of intoxicants as follows:
(a) For a person’s first conviction, a minimum of $1,000.
(b) For a person’s second conviction, a minimum of $1,500.
(c) For a person’s third or subsequent conviction, a minimum of
$2,000 if the person is not sentenced to a term of imprisonment.
$10,000 is the maximum fine that a court may impose on a person
convicted of driving while under the influence of intoxicants if:
(a) The current offense was committed in a motor vehicle; and
(b) There was a passenger in the motor vehicle who was under 18
years of age and was at least three years younger than the person
driving the motor vehicle.
Fee to be paid on conviction; screening and treatment; mandatory
imprisonment or community service; attendance at victim impact
treatment session; session fee.
When a person is convicted of driving while under the influence of
intoxicants in violation of ORS 813.010, a court shall comply with the
following in addition to any fine or other penalty imposed upon the
person under ORS 813.010:
(1) The court shall require the person to:
(a) Pay to the court the fee described under ORS 813.030 in addition
to any fine imposed under ORS 813.010; and
(b) Complete a screening interview and a treatment program as
provided in ORS 813.021.
(2) The court must impose and not suspend execution of a sentence
requiring the person either to serve at least 48 hours’ imprisonment,
which shall be served consecutively unless justice requires otherwise,
or to perform community service for times specified by the court under
ORS 137.129. For purposes of this subsection:
(a) A court may provide for the imprisonment to be served in jail,
minimum security facilities or inpatient rehabilitation or treatment
centers.
(b) Whenever the judge provides for the mandatory imprisonment to
be served other than consecutively, the judgment must specifically so
provide and the judge must state the reasons in writing.
(3) In a county that has a victim impact program a court may require
the person to attend a victim impact treatment session. If the court
requires attendance under this section, the court may require the
defendant to pay a reasonable fee to the victim impact program to offset
the cost of the defendant’s participation. The fee shall be established for
each county by the victim impact panel coordinator and steering
committee of that county and shall be not less than $5 or more than $50.
Please refer to http://www.leg.state.or.us/ors/813.html for current state
statutes on penalties, laws, and fines of a DUII in Oregon.
Oregon’s Implied Consent Law
This law means that by driving a motor vehicle you have implied that
you will consent to a breath, blood, or urine test, if a police officer asks
you to take such a test. The officer may ask you to take a test if the officer
has arrested you for driving under the influence of intoxicants (DUII).
Refusal to take a test is admissible as evidence in court. If you are under
21, you will fail the test if you have a reading of any percentage. If you
are over 21, you will fail the test if your blood alcohol reading is 0.08
percent or more. An implied consent suspension is separate from any
suspension you may receive as a result of a DUII conviction.
If you have a valid Oregon driver license in your possession, the officer
will confiscate it and issue a 30 day temporary driving permit. After
30 days, the suspension is in effect. Suspension lengths vary. If you are
arrested for driving under the influence of intoxicants, and you:
a) Take a breath test and fail it, DMV will suspend your driving
privileges for 90 days. If you have any prior alcohol-related entries on
your driving record within five years, DMV will suspend your driving
privileges for one year.
b) Refuse to take a breath test, DMV will suspend your driving
privileges for one year. Conviction of this charge may result in a fine
up to $1000. If you have any prior alcohol-related entries on your
driving record within five years, DMV will suspend your driving
privileges for three years.
c) Refuse to take a urine test, DMV will suspend your driving
privileges for one year. If you have any prior alcohol-related entries
on your driving record within five years, DMV will suspend your
driving privileges for three years. The suspension for refusing a urine
test will not start until any other Implied Consent suspension (even
from the same arrest) is over.
d) Refuse to take a blood test while receiving medical care in a health
care facility following a motor vehicle crash, DMV will suspend
your driving privileges for one year. If you have any prior alcohol related
entries on your driving record within five years, DMV will
suspend your driving privileges for three years.
e) Fail a blood test while receiving medical care in a health care
facility following a motor vehicle crash, DMV will suspend your
driving privileges for 90 days. If you have any prior alcohol-related
entries on your driving record within five years, DMV will suspend
your driving privileges for one year.
Driving While Intoxicated
You may be found guilty and convicted of driving while under the
influence of intoxicants (DUII) if you drive a vehicle while you are under
the influence of intoxicating liquor, a controlled substance, an inhalant, or
any combination of these substances.
You may be charged with DUII if you commit the offense any place
open to the general public for use of motor vehicles. This includes both
public and privately owned areas, such as shopping center parking lots,
even if a fee is charged for use of the areas.
If you are arrested and take an implied consent test, a blood alcohol
reading of less than 0.08 percent is indirect evidence that may be
used, with other evidence, to decide if you were under the influence of
intoxicants. A reading of 0.08 percent or more is enough to establish that
you were under the influence of intoxicants. If a chemical test is not
taken, you still may be convicted if the police have enough evidence to
convince the judge or jury that you were driving under the influence of
intoxicants.
Diversion Agreement
If you are cited for DUII and you have no other alcohol-related actions
on your record in the past 10 years, and the court agrees, you may
be able to enter a diversion agreement. If you complete the diversion
requirements, you will not have a conviction for DUII on your driving
record. The diversion agreement will show on your record.
The court cannot offer you diversion if you have a commercial driver
license or the offense occurred in a commercial motor vehicle.
DUII Conviction
If you are convicted of DUII:
First Conviction: Mandatory suspension of your driving privilege
for one year.
Second Conviction: Mandatory suspension of your driving privilege
for three years, if the offense occurred within five years of another
DUII conviction.
Third or Subsequent Conviction: Permanent revocation of your
driving privilege.
A fourth or subsequent DUII conviction is a felony offense, if the
offense takes place within ten years of three other DUII convictions.
If you are under 18 years of age and you are convicted of DUII, DMV
will suspend your driving privileges until you are 18 years old or until you
are eligible for reinstatement, whichever comes later.
When a DUII suspension ends, you must meet several reinstatement
requirements before you can obtain a valid driver license. These
requirements include filing proof of future financial responsibility for
three years, installing an ignition interlock device in your vehicle for one
year, (two years for a second or subsequent DUII conviction), submitting
a DUII Treatment Completion Certificate, and paying a reinstatement fee.
In addition to any other sentence that may be imposed, the court shall
impose a fine on a person convicted of driving while under the influence
of intoxicants as follows:
(a) For a person’s first conviction, a minimum of $1,000.
(b) For a person’s second conviction, a minimum of $1,500.
(c) For a person’s third or subsequent conviction, a minimum of
$2,000 if the person is not sentenced to a term of imprisonment.
$10,000 is the maximum fine that a court may impose on a person
convicted of driving while under the influence of intoxicants if:
(a) The current offense was committed in a motor vehicle; and
(b) There was a passenger in the motor vehicle who was under 18
years of age and was at least three years younger than the person
driving the motor vehicle.
Fee to be paid on conviction; screening and treatment; mandatory
imprisonment or community service; attendance at victim impact
treatment session; session fee.
When a person is convicted of driving while under the influence of
intoxicants in violation of ORS 813.010, a court shall comply with the
following in addition to any fine or other penalty imposed upon the
person under ORS 813.010:
(1) The court shall require the person to:
(a) Pay to the court the fee described under ORS 813.030 in addition
to any fine imposed under ORS 813.010; and
(b) Complete a screening interview and a treatment program as
provided in ORS 813.021.
(2) The court must impose and not suspend execution of a sentence
requiring the person either to serve at least 48 hours’ imprisonment,
which shall be served consecutively unless justice requires otherwise,
or to perform community service for times specified by the court under
ORS 137.129. For purposes of this subsection:
(a) A court may provide for the imprisonment to be served in jail,
minimum security facilities or inpatient rehabilitation or treatment
centers.
(b) Whenever the judge provides for the mandatory imprisonment to
be served other than consecutively, the judgment must specifically so
provide and the judge must state the reasons in writing.
(3) In a county that has a victim impact program a court may require
the person to attend a victim impact treatment session. If the court
requires attendance under this section, the court may require the
defendant to pay a reasonable fee to the victim impact program to offset
the cost of the defendant’s participation. The fee shall be established for
each county by the victim impact panel coordinator and steering
committee of that county and shall be not less than $5 or more than $50.
Please refer to http://www.leg.state.or.us/ors/813.html for current state
statutes on penalties, laws, and fines of a DUII in Oregon.
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