Oregon DUI Laws & Attorneys
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The Oregon Trail was the only practical corridor that opened up the entire western United States; but it was tough going and many people perished during the journey west. The major danger on Oregon’s freeways these days is injuries or perishing by drunk drivers, and facing tough drunk driving penalties.
In Oregon, the exact charge is called "driving under the influence of intoxicants” (DUII). Consequently most people use the term DUII, but it is interchangeable with DUI (driving under the influence).
Oregon’s DUI ‘per se’ law states that a blood alcohol content (BAC) of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving under the influence if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was under the influence.
Every driver in Oregon has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of an Oregon DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Oregon DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint, solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for an Oregon DUI, even though you are not “legally drunk”.
After being charged with an Oregon DUI you’re going to face two adversaries: the criminal courts, and the Oregon Department of Transportation, Motor Vehicles Services Division (DMV). If your license was suspended or revoked because of a DUI, you will be offered a formal hearing. DMV hearings may be a crucial opportunity to let your Oregon DUI defense attorney cross-examine and rebut testimony, confront evidence offered by those involved in your arrest and investigation.
You have the right to make a request within 10 days after your notice of suspension for an administrative hearing with the DMV to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. DMV sanctions can also be imposed even if you are found not guilty in a criminal court case.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact an Oregon DUI specialist. In any case, when you are stopped and arrested for suspicion of an Oregon DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with an Oregon DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by an Oregon DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to an Oregon DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Oregon DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, and Oregon drunk driving laws should be taken very seriously. Oregon DUI convictions and penalties can be long lasting and severe, both in court and with the Department of Motor Vehicle Services, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. An Oregon DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting an Oregon DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, diminished educational opportunities, inability to rent or own cars, forfeiture of vehicles, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Oregon DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving under the influence is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from an Oregon DUI attorney might save them thousands of dollars in the years to come.
What Are Statutory Court Costs?
Additional costs for court or administrative services regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a DUI conviction. The arresting officer will confiscate your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
A plea bargain is not an option. However, effective Oregon DUI counsel may be able to negotiate a plea to a lesser charge.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Oregon DUI specialist, a specialized plea is very difficult.
Is Being Punished by the Oregon DMV and the Criminal Courts Double Jeopardy?
Like most states, Oregon law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Oregon DMV administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Oregon and most states have an out-of-state Driver’s License Compact Agreement, meaning that Oregon DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Oregon DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Oregon administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program, have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I Get a Limited Driver's License?
You may be eligible for a hardship permit if your license was suspended. Limited licenses are not generally available for those whose license has been revoked. There is also a waiting period of 30 days to 1 year.
With a limited license you are only allowed to drive for work, court ordered programs, and medical treatment. Vehicles driven by the offender must be equipped with an ignition interlock device.
You may have to get an SR-22 high risk liability insurance certificate. Your Oregon DUI attorney will be invaluable with this and other conditions.
What About Enhanced Punishments For Oregon DUI Convictions?
Some circumstances may lead to sentence enhancements: prior DUI convictions, the presence of a minor in the car (may carry a fine up to $10,000), speeding, reckless driving, an elevated BAC level, and causing an accident with injuries or property damage. The additional penalty for habitual offenders is 5 years loss of license for 3 or more offenses within 5 years.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Oregon multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Oregon DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
What is the Diversion Program?
In Oregon the Diversion Program allows a DUI case to be taken out of the criminal process for one year. If the offender completes the requirements the court will dismiss the DUI charge with prejudice (resolved as if the plaintiff had been found guilty, but without the penalties).
– Oregon DUI Criminal Penalties –
The penalties listed below may vary in different jurisdictions, and is intended as a general indicator and should not be projected or interpreted as a guarantee of results. Sentences are always within the discretion of a judge and may vary from case to case.
1st DUI Offense
May be eligible for diversion program.
$1,000 up to $6,250 in fines.
Statutory fee $150.
Conviction fee $130.
1 year suspension of driver’s license.
2 to 3 days in jail (option is house arrest).
1 day Victims Panel Class.
$138 alcohol evaluation and screening fee.
1 year ignition interlock device installed after end of license suspension.
2nd DUI Offense
10 to 30 days in jail (option is house arrest).
$1,500 up to $6,250 in fines.
All the above fees and classes as required for a 1st DUI.
3 years loss of license with 1 prior DUI within 5 years.
Possible impound of vehicle and/or license plates.
2 years ignition interlock device installed after end of license suspension.
3rd DUI Offense
A felony (within a 10 year period).
2 days to 5 years incarceration.
$2,000 to $125,000, fines.
All the above fees and classes as required for a 1st DUI.
Permanent loss of license for 3 DUI convictions.
80 hours of community service.
Possible impound of vehicle and/or license plates.
Possible enhanced penalties of up to 5 years loss of license (see enhanced punishments above).
Underage DUI
1st offense:
Class A misdemeanor.
$1000 fine.
2 days in jail.
90 days loss of license.
Substance abuse assessment and treatment program.
2nd offense:
$1500 fine.
Minimum 2 days in jail.
1 year loss of license.
Substance abuse assessment and treatment program.
3rd offense:
$2000 fine.
Minimum 2 days in jail.
1 year loss of license.
Substance abuse assessment and treatment program.
Minor BAC Test Refusal
1st offense:
Class A misdemeanor.
$1000 fine.
2 days in jail.
1 year loss of license.
Substance abuse assessment and treatment program.
2nd offense:
$1500 fine.
Minimum 2 days in jail.
3 year loss of license.
Substance abuse assessment and treatment program.
3rd offense:
$2,000 fine.
Minimum 2 days in jail.
Substance abuse assessment and treatment program.
3 years loss of license.
– DMV License Suspensions –
1st DUI Offense
90 days to 1 year suspension.
Eligible for hardship permit after 30 days.
Mandatory substance assessment and substance abuse program.
Possible interlock ignition device installed on offender's vehicle.
2nd DUI Offense
1 year suspension.
3 years suspension if present DUI is within 10 year period.
Eligible for hardship permit after 90 days.
Mandatory substance assessment and substance abuse program.
Ignition interlock device.
Possible confiscation of vehicle.
3rd DUI Offense
3 years license suspension and up to permanent loss of license.
Mandatory assessment and substance abuse program.
Ignition interlock device is required.
Possible confiscation of vehicle.
Underage DUI
1st offense:
BAC level of any amount of alcohol will constitute a DUI.
90 days suspension of license with diversion including completion of substance abuse education.
Possible suspended license for 1 year or until 21 whichever is longer.
SR – 22 high risk insurance required for 3 years.
Ignition interlock device is required for 1 year.
2nd offense:
3 years suspension, 2 years ignition interlock.
3rd offense:
Lifetime suspension.
Diversion Eligibility
No prior convictions (including out-of-state) for a felony DUI in the last 10 years.
No additional pending DUI charges (including out-of-state).
No attendance in a diversion, alcohol or drug rehabilitation program in the last 10 years (save for the present offense).
No pending charges for any degree of murder, manslaughter, or injury from a motor vehicle.
Not available for commercial driver’s license.
$358 in fees.
Attend an alcohol or drug treatment evaluation ($150).
Attend and pay ($50) for Victims Panel class.
Any conviction of major traffic laws or prior DUI results in disqualification.
After 1 year your DUI attorney must file a motion for case dismissal.
Commercial Driver’s License DUI
BAC of .04% while driving any vehicle.
1st offense 1 year disqualification.
3 years disqualification if hauling hazardous material.
Subsequent convictions carry a lifetime disqualification.
– Disclaimer –
Only experienced Oregon DUI attorneys should provide you with bonified legal advice concerning Oregon DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Oregon DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Oregon DUI attorney specializing in DUI cases.
– Citations –
813.010 Driving under the influence of intoxicants; penalty
813.010/.20.21.25.30.40.52.95.100.403.420
