Read about Oregon DUII law, including the administrative and criminal penalties for a first, second, and third DUII.

DUI/DUII Laws in Oregon

Laws and penalties for DUI/DUII in Oregon.

Instead of "DUI" (driving under the influence), Oregon uses the term "DUII" (driving under the influence of intoxicants). In Oregon, you can get a DUII if you drive with a blood alcohol concentration (BAC) of .08% or higher (often called a “per se” DUI), regardless of whether your driving ability was actually impaired. However, you can also get an Oregon DUII if you drive while your “physical or mental facilities are adversely affected to a noticeable or perceptible degree” as the result of ingesting alcohol, drugs, or a combination of the two. (State v. Stroup, 147 Or. App. 118 (1997).)

(For more information on the difference between the two types of standard DUI charges, see What’s the Difference Between Per Se and Impairment DUIs?)

And Oregon law says that if you’re driving a vehicle, you‘ve generally given consent to submit to a chemical test for the purpose of determining the amount of alcohol or drugs 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 breath or blood test) when suspected of DUII?

Here are the consequences for refusing a breath, blood, or urine 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; “presumptive fine” of $650

3-year license suspension if DUII-related suspension or conviction within last five years; “presumptive fine” of $650

3-year license suspension if DUII-related suspension or conviction within last five years; “presumptive fine” of $650

 

If you refuse chemical testing, Oregon law allows your refusal to be used against you at trial. In other words, the prosecutor can tell judge or jury deciding your case that you refused to submit to chemical testing.

In Oregon, when do police have to measure your BAC?

To be convicted of a per se DUII in Oregon, the prosecution must prove that your BAC was .08% or above while you were driving. However, there will always be at least some delay between when you were actually driving and when your BAC was measured. Even if your BAC is below .08% when measured by law enforcement, it still might be possible for the prosecution to prove that you were above the legal limit while driving. Similarly, a defense attorney can sometimes successfully argue that, although your BAC was over the limit when measured, it was less than .08% at the time you were driving. This is often called a “rising blood alcohol defense.” 

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

Oregon’s criminal DUII statute doesn’t treat drivers differently based on age. In other words—regardless of a driver’s age—to get a DUII conviction, the prosecution must prove the driver was either impaired or had a BAC of .08% or more.

However, for administrative purposes, Oregon is a “zero tolerance” state. This means that the Department of Motor Vehicles can suspend the license of underage drivers (under 21 years old) who drive with any measurable amount of alcohol in their blood—not just underage drivers with BACs of .08% or more.

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

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

1st offense

2nd offense

3rd offense

2 days jail or 80 hours of community service

2 days jail or 80 hours of community service

90 days

 

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

The “look back” period is the amount of time that a DUII/DUI conviction will stay on your record for purposes of increasing the penalties of a subsequent DUII conviction. Oregon has several different DUII look back periods. Depending on the circumstances, the look back period can be five, ten, or 15 years. And for some purposes, a prior DUII/DUI will stay on your record forever.

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

In some states, it’s possible for a defendant to negotiate a "wet reckless," or a conviction of reckless driving involving alcohol, by plea bargaining down a DUII/DUI to a reckless driving charge. However, Oregon law prohibits plea bargaining in DUII cases. So, if you’re charged with a DUII in Oregon, plea bargaining for a wet reckless generally isn’t an option. 

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 DUII offenders in Oregon?

All drivers convicted of DUIIs in Oregon are required to have IIDs installed on their vehicles.  Oregon law requires those with first-offense DUIIs to have IIDs for one year after completing the license suspension period. A driver who’s convicted of a second DUII will need to have an IID for two years. IIDs are also required to get and drive with a “hardship permit” (for driving to and from work, medical appointments, and substance abuse programs) during the period of license suspension. 

Where can I get more information about 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: 4/8/2016

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