DUI/DUII Laws in Oregon

Laws and penalties for DUI/DUII in Oregon.

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In Oregon, you can get a DUI/DUII (driving under the influence of intoxicants) if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Oregon says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Oregon and other details about Oregon DUI/DUII law.

In Oregon, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI/DUII?

Here are the consequences for not taking a breathalyzer or blood test in Oregon, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

1 year license suspension; fine of $500 - $1,000

3 year license suspension; fine of $500 - $1,000

3 year license suspension; fine of $500 - $1,000

 

In Oregon, when do police have to measure your blood alcohol content (BAC)?

In Oregon, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI/DUII even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Oregon?

In Oregon, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is 0%. Oregon is a "zero tolerance" state.

What are the minimum jail times for a DUI/DUII in Oregon?

Here are the minimum jail times for a DUI/DUII in Oregon, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

2 days jail

No minimum required

No minimum required

 

How long will prior DUI/DUII convictions remain relevant for sentencing purposes in Oregon?

In Oregon, prior DUI/DUII convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 10 years.

Can a DUI/DUII be “pleaded down” to a "wet reckless" in Oregon?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in your state.

If you are interested in contacting a lawyer, you can find a DUI/DUII lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI/DUII offenders in Oregon?

Yes, they are required for all convictions. Period of use required: for first offense,1 year after license suspension ends; for second offense, 2 years after license suspension ends.

Where can I get more information about DUI/DUII laws in Oregon?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI/DUII arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Oregon DUI/DUII attorneys in your area.

Last updated on 09/01/2010.

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