Every year, about 25,000 people are arrested for drunk or drugged driving, the Oregon Department of Transportation says. Each year, 40% of all traffic deaths are a direct result of driving under the influence of alcohol or some other intoxicating substance.
Oregon uses the term “DUII” (driving under the influence of intoxicants) to sum up all offenses related to driving while impaired by alcohol and drugs.
It is illegal to drive a motor vehicle with a blood alcohol concentration of 0.08% or more in Oregon. A BAC of 0.08% is evidence of driving under the influence of alcohol. But DUII also encompasses the use of marijuana, heroin, meth, and inhalants.
Understanding Oregon’s DUI laws is important to avoid serious legal trouble. If you have been arrested for drunk driving, seek a free consultation with a Portland DUI attorney at Rizk Law.
What Is Considered a DUI in Oregon?
Oregon DUI laws (ORS 813.010) provide that “A person commits the offense of driving while under the influence of intoxicants if the person drives while the individual:
- Has 0.08 percent blood alcohol content as shown by chemical analysis of their breath or blood
- Is under the influence of intoxicating liquor, cannabis, psilocybin, a controlled substance, or an inhalant
- Is under the influence of any combination of intoxicating liquor, cannabis, psilocybin, a controlled substance, or an inhalant
- Has a 0.08 percent BAC or more within two hours after driving a vehicle and without consuming alcohol in the intervening period.
The law means that it is illegal to drive with any degree of impairment caused by intoxicants.
Is a DUI a Felony in Oregon?
It is a common misconception that a first-time DUII is a felony in Oregon.
Driving while under the influence of intoxicants is a Class A misdemeanor in Oregon. Class A misdemeanors are the state’s most serious level of misdemeanor charges and are punishable upon conviction by a fine of up to $6,250 and/or up to 364 days in jail.
But DUII can be charged as a Class C felony if the driver was in a motor vehicle and has been convicted of DUII three times in the 10 years prior to the fourth charge.
The offense aggravated DUII is also a Class C felony. It will be charged in cases of:
- A driver with more than 0.15% blood alcohol concentration
- Property damage
- Bodily injury or death
- An accident involving a driver with a 0.08% BAC or higher and passengers younger than 18 or at least three years younger than the driver.
A Class C felony, the least serious class of felonies in Oregon, is punishable by up to 5 years in prison and a fine of up to $125,000.
You need the guidance of an experienced DUI attorney in Oregon if you are facing any charge related to driving under the influence of intoxicants.
Consequences of a DUII Conviction in Oregon
Being convicted of misdemeanor DUII in Oregon has serious consequences. The punishment includes:
- A fine ranging from $1,000 to $6,250 depending on blood alcohol levels.
- Up to 364 days in the county jail. At a minimum, the judge must impose 48 hours in jail or 80 hours of community service for a misdemeanor DUII conviction.
- Mandatory suspension of your driver’s license for 1 year for a first DUI conviction. Your license will be suspended for 2 years upon a second DUII conviction, and permanently revoked upon a third DUII conviction.
- Alcoholism evaluation. This costs $150, and you must complete any treatment program recommended by the evaluator.
Possible additional consequences include:
- Requirement to attend a victim impact panel, at which speakers share how their lives were changed because of a driver’s decision to get behind the wheel after drinking.
- Requirement to install an interlock breath test device on your car, even after your license suspension has ended.
- Probation
- Court order to not drink alcohol or use or possess drugs unless prescribed by a doctor
- Payment of fees and assessments that can exceed $400
- Payment of part or all of any court-appointed attorney fees
- Payment of restitution if any property was damaged, such as in a car accident.
What Happens if You Get a DUI Ticket in Oregon?
If a police officer arrests you for DUII, you should cooperate, but you have the right to decline to answer the officer’s questions. Even if you are innocent, it is a crime to resist a police officer while he or she is placing you under arrest.
The law enforcement officer must explain why you are being arrested and read you your Miranda rights before asking you any questions. Upon arrest, the officer may search you and your clothing without a search warrant. An officer is also permitted to conduct a limited search of the area that you occupied at the time of your arrest, such as your vehicle.
You will be booked at the police station. You may be fingerprinted and photographed. Your personal belongings will be taken during booking. You should be given an itemized receipt for the items taken from you. Your property should be returned when you are released from custody.
Besides giving your name and address, you do not have to answer any questions after a DUI arrest. You do not have to sign any papers. Anything you say may be used against you later.
If the police question you, you should say you would like to speak to an attorney before answering any questions. The number of phone calls you are allowed will likely be limited, so you might want to contact a relative or someone else who should know where you are and who will contact a lawyer for you.
After a DUII arrest in Oregon on a misdemeanor charge, the police will usually release you within a few hours or hold you overnight. If you’re charged with a felony, or if someone was injured or property was damaged, you may be required to post bail. This requires 10% of the total bail. If bail is $15,000, for example, you’ll need to pay $1,500. There are no bail bondsmen in Oregon.
Your first court appearance should be held within 96 hours of your arrest. At the arraignment, a judge will state the charges you face, your rights, and any bail and release conditions required of you. You will be asked to enter a plea. You can plead guilty and be sentenced, not guilty and go to trial, or ask to enter Oregon’s DUII diversion program.
If you plead not guilty, a preliminary hearing will be scheduled. At the hearing, a judge decides whether there’s enough evidence to prosecute.
After being released from jail, you have 10 days to challenge your license suspension. You may request an Oregon Driver & Motor Vehicle Services (DMV) hearing.
Oregon DUI Cases Have a No Plea-Bargaining Policy
There is no plea bargaining for DUII in Oregon. If you complete the DUII Diversion Program, the court may automatically dismiss the DUII charge at the end of one year. If you do not receive notice of dismissal, you must file a motion at the end of the diversion period asking the court to dismiss the DUII charge.
To have the DUII charge dismissed, you must do all the following:
- Pay the required diversion program fees.
- Pay restitution if ordered.
- Complete an alcohol and drug abuse assessment. The assessor may recommend a treatment program.
- Complete the recommended treatment program. This includes a fee.
- Attend a victim impact panel and pay the participation fee.
- Not use any alcohol or other intoxicant (including marijuana) during the diversion agreement. Comply with state laws that prohibit the use of intoxicants. You can use:
- Sacramental wine as part of a religious rite or service.
- Alcohol or a controlled substance taken as directed with a valid prescription.
- A non-prescription drug that contains alcohol if you follow the directions for use as printed on the label.
- Keep the court advised of your current mailing address.
- Install and use an approved ignition interlock device in all vehicles you operate during the term of the diversion agreement when you have driving privileges.
How Can a Portland DUI Attorney Help?
You should contact a DUII attorney as soon as possible after a DUII arrest in Oregon. An experienced criminal defense attorney can analyze the evidence against you and explore potential defense strategies to protect your freedom.
Our Portland DUI lawyers at Rizk Law can guide you through the whole process and ensure that the law is applied fairly in relation to your unique circumstances. This requires the representation of a reputable defense attorney who understands Oregon’s DUII laws and who is respected by local prosecutors and judges.
It is important never to face DUII charges or criminal charges of any kind without an experienced criminal defense attorney guiding you. If you have been charged with driving under the influence of intoxicants in Oregon, contact Rizk Law in Portland ASAP for a free initial consultation.
