A DUI charge can be incurred in several ways. The standard rule is that a motorist found operating a vehicle with a blood alcohol content (BAC) level of .08 percent or higher will be arrested. The state has lower limits in place for commercial vehicle drivers and for minors. Commercial vehicle drivers who have a BAC of .04 percent or higher and minors (drivers under the age of 21) who have a BAC level of .02 percent and above will be arrested and charged with DUI.
A motorist may also be charged with DUI if they are affected by drugs or alcohol to a “perceptible degree.” In order to determine sufficient intoxication, an officer might ask the driver to perform a series of field sobriety tests. If the officer deems that a motorist is impaired, they may arrest the driver on the sole assumption of intoxication.
Oregon DUI laws only apply to public highways or roadways. A motorist MAY NOT be charged with DUI if they were operating a motor vehicle under the influence of drugs or alcohol on private land.
The state law requires that all DUI offenders must install an ignition interlock device. An ignition interlock is a breathalyzer that is connected to the DUI offender’s vehicle and prevents them from starting the engine unless they provide a sober breath sample.
Oregon’s Implied Consent Law
Oregon has an implied consent law in place, meaning that all drivers in the state must submit to a chemical test of their blood, urine or breath to determine alcohol or drug intoxication. If a motorist were to refuse testing, they will have their driver’s license immediately suspended and will receive a temporary license until a hearing date is established.
A test refusal in Oregon is seen very negatively and is used as evidence in the motorist’s court trial. In Oregon, the penalties for refusing to submit to a chemical test are worse than those of the actual DUI conviction.
Punishment for DUI in Oregon
Any motorist who is found guilty of operating a motor vehicle under the influence of alcohol or drugs will be subject to the following penalties which increase depending on whether a minor was present in the car, BAC level, as well as previous DUI convictions. The convicted motorist may incur one or more of the following punishments:
1st DUI Conviction
• May have to complete DUI Diversion Program
• Imprisonment 48 hours minimum up to 1 year or perform 80 hours of community service
• Fine of $1,000 minimum up to $5,000
o $2,000 minimum if BAC at/above .15 percent
o $10,000 maximum if a child under 18 in the vehicle and was 3 years younger than the driver
• Miscellaneous DUI fees – $300 minimum
• Driver’s license suspended 1 year
• Ignition interlock mandatory for 1 year following suspension
• Must complete drug/alcohol treatment
• Must participate in the Victim Impact Panel Program
2nd DUI Conviction
• Imprisonment up to 1 year
• Fine of $1,500 minimum
o $2,000 minimum if BAC at/above .15 percent
o $10,000 maximum for a child under 18 in the vehicle and was 3 years younger than the driver
• Miscellaneous DUI fees – $300 minimum
• Driver’s license suspended for 3 years (if within 5 years of prior DUI conviction)
• Ignition interlock mandatory for 2 years following suspension
• Must complete drug/alcohol treatment
• Must participate in the Victim Impact Panel Program
3rd DUI Conviction
• Class “C” felony (if within 10 years of other DUI convictions)
• Imprisonment up to 5 years
• Fine of $2,500 minimum
o $10,000 maximum f a child under 18 in the vehicle and was 3 years younger than the driver
• Miscellaneous DUI fees – $300 minimum
• Driver’s license suspended permanently
• Ignition interlock mandatory for 3 years following suspension
• Must complete drug/alcohol treatment
• Must participate in the Victim Impact Panel Program
DUI Diversion Program
The DUI Diversion Program is designed to help motorists avoid a DUI conviction as well as penalties. All first-offense DUI offenders are eligible for the program. The following are causes that will DISQUALIFY a motorist from the program:
• Failure to appear in court
• Having a previous DUI conviction
• If a motorist has participated or is a participant in an alcohol rehabilitation program in the past 10 years
• If a motorist has been convicted of manslaughter, murder, or any type of assault involving DUI
• If the present DUI offense did not result in serious bodily harm or death to another
Seek Legal Help Immediately Following a DUI Charge
If you have incurred a DUI charge in Oregon, seek the help of a top DUI lawyer immediately. Oregon law does not allow for plea bargaining, so you need an excellent Oregon DUI attorney working on your case to prevent serious penalties from being imposed.
DUI lawyers in Oregon work hard to clear their clients of their charges. When you work with an elite DUI attorney in Oregon, you can rest assured that your case will end with the best possible outcome. Call today to schedule a meeting with a leading paralegal in your town.
