Find a Oregon DUI Attorney For Your Case
Oregon DUI Laws Penalties And Fines
Oregon Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Oregon drunk driving laws, Oregon Driving Under the Influence of Intoxicant (DUII) may be proved two different ways:
1. With evidence that you were driving under the influence of intoxicating liquor, a controlled substance, an inhalant, or any combination of these substances; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Oregon drivers under age 21 are DUII if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUII in Oregon is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUII, if a jury believes a police officer’s testimony about evidence that you were driving under the influence.
In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Summary of Illegal BAC Levels in Oregon:
•Adult Driver - DUII with BAC of 0.08 or higher
•Commercial Vehicle Driver - DUII with a BAC of 0.04 or higher.
•Under 21 Driver – DUII with BAC of 0.02 or higher.
Consequences of DUI Conviction in Oregon.
A drunk driving conviction in Oregon has serious consequences, which become even more severe with repeat offenses. A DUII conviction in Oregon remains on your record for 10 years, for purposes of calculating repeat offense levels, but repeater penalties can be higher if your prior offenses are within 5 years.
The arresting officer confiscates a Oregon DUII arrestee’s driver’s license immediately, and issues a 29 day driving pass, pending the results from an administrative suspension hearing.
The hearing must be requested within 10 days, and if you have not won by the 29th day, your automatic suspension begins on day 30.
You can apply for a hardship license on a first or second offense, for medical, educational, or occupational purposes, which will allow you to drive for a maximum of 12 hours per day.
A hardship license is not available on a third or higher offense, and if you were suspended under the Oregon Implied Consent law (see below), the waiting times for a hardship license are longer.
