Oregon utilizes strict laws to convince motorists in the state to drive sober. A DUI charge in Oregon can lead to significant penalties notwithstanding steep monetary fines and lengthy jail terms.
Drivers who want to avoid getting a DUI in Oregon need to be aware of how much they can legally drink before getting behind the wheel. They also can decide to avoid driving while intoxicated by knowing what kinds of penalties they can receive if they are found guilty of DUI.
DUI in Oregon
Oregon uses the acronym of DUII to refer to the act of driving under the influence of drugs or alcohol. DUII stands for driving under the influence of intoxicants. It not only includes driving after drinking alcohol but also after using cannabis, controlled substances and/or an inhalant.
Oregon also uses different blood alcohol content levels for the many types of drivers who take to the state’s roadways. Drivers who are 21 and older are held to the per se definition of DUII and can be arrested for DUII if their blood alcohol content or BAC levels are 0.08 percent or higher.
Commercial drivers cannot drive with BACs of 0.04 percent or higher if they want to keep their licenses. Just like regular drivers, CDL drivers can also serve time in jail for DUII driving.
Underage drivers in Oregon are held to a strict zero-tolerance DUII law. They cannot drive with any detectable amount of drugs or alcohol in their system. Oregon does not even allow for a 0.02 percent BAC for underage drivers like many other states.
DUII Penalties in Oregon
Oregon metes out a variety of punishments to drivers who are found guilty of DUII. These penalties reflect the number of DUIIs on a person’s record as well as aggravated circumstances like driving with a minor in the car at the time of the offense.
A first DUII in Oregon can result in the offender being sentenced to 48 hours to one year in jail. The jail sentence can be suspended in lieu of 80 hours of community service.
Other first-time DUII penalties include a fine of $1000 to $6250. The minimum fine of $1000 can be doubled to $2000 if the offender had a BAC of 0.15 percent or higher. The fine can go as high as $10,000 if the person had a passenger under the age of 18 in the vehicle at the time of the offense.
Finally, a first-time DUII offender in Oregon can have his or her license suspended for one year. He or she can also be ordered to use an ignition interlock device on all of his or her vehicles for up to one year.
A second DUII conviction leads to penalties like:
- A fine of $1500 to $6250 or a minimum of $2000 with a BAC of 0.15 percent or higher
- A minimum fine of $10,000 if the person had a passenger under the age of 18 in the car
- 48 hours to one year in jail or 80 hours of community service
- Three years license suspension
- Two years use of an IID
A third DUII in Oregon can be charged as a Class C felony and warrants penalties like:
- 90 days to five years in jail
- $2000 to $125,000 in fines
- Permanent suspension of the drivers’ license
- Two to five years’ use of an IID on all vehicles
On a third DUII conviction, the offender can ask the state to reinstate his or her license after 10 years. Judges in Oregon also have discretion to order additional jail time, community service, and fines beyond the minimum. They can consider factors like an offender’s prior DUII history, driving record, and whether or not the DUII caused damage to another person or property.
Oregon Implied Consent Law
In Oregon, motorists give implied consent to breathalyzer or chemical testing when they get behind the wheel of their vehicles. If they refuse, they can receive penalties like having their licenses suspended.
A first-time refusal for testing in Oregon leads to a suspension of one’s license for one year. A second refusal results in loss of one’s license for two years while a third refusal leads to the license being suspended for three years.
In Oregon, driving while under the influence of an intoxicant leads to serious charges that drivers can find difficult to accommodate. These penalties apply to drivers of all ages and those who drive commercially. Drivers cannot get out of a DUI charge by refusing chemical testing and instead can have their licenses suspended for their refusal.