What You Need to Know About Drunk Driving Penalties in Oregon

In Oregon, driving under the influence of alcohol or intoxicants is called a DUII and it is taken very seriously. If you are charged with this crime, you should always seek help from an experienced DUII lawyer who can assess your case and discuss your legal options.

As a general rule, every case in extremely different.  There is no way to explain every possible scenario or go into detail about all of the aspects regarding a DUII in one blog post.  For advice on any legal matter, you should always meet with an attorney in the privacy of their office.

Here is some what you need to know regarding a basic rundown of DUII penalties:

First Offense

  • Diversion. This is common for many people. It can easily be described as a “get out of jail free card”, or a “bite at the apple”.  The end result, if successfully completed, is that no conviction goes on your record.  There is much more information that a person who is diversion eligible needs to know. One should always speak with an attorney before making any decisions regarding their case.

Second Offense/First Conviction

  • Mandatory one-year license suspension;
  • Minimum of 48 hours in jail or 80 hours of community service;
  • Minimum fine of $1,000. If BAC is .15 or above, the minimum fine is $2,000;
  • Ignition interlock device installation for 12 months after license suspension ends;
  • Participation in a drug and alcohol program;
  • Participation in the Victim’s Impact Panel program;
  • There are also many other potential penalties that should be talked about with your attorney.

Third Offense/Second Conviction

  • Three-year license suspension if offense occurs within five years of previous DUII offense;
  • Minimum fine of $1,500 or more depending on your BAC;
  • Ignition interlock device installation for two years after the court suspension has ended;
  • Participation in drug and alcohol treatment;
  • Participation in Victim’s Impact Panel program;
  • There are also many other potential penalties that should be talked about with your attorney.

Fourth Offense/Third Conviction
If the third DUII conviction occurs within 10 years of the first and second, it is considered a class C felony.

  • Permanent revocation of license (regardless if it is within 10 years);
  • Substantial incarceration;
  • Minimum fine of $2,000;
  • Participation in drug and alcohol treatment;
  • Participation in Victim’s Impact Panel program;
  • There are also many other potential penalties that should be talked about with your attorney.

Defining DUII

You can be arrested for DUII if you are caught driving under the influence of any intoxicant.  Oregon has a limit .08 or higher (.04 for CDL), keep in mind that you can still be prosecuted for having a BAC below the legal limit, the prosecution just needs to prove that you were impaired to a noticeable and perceptible degree.  To determine your BAC, a police officer will administer a breathalyzer test, which measures the alcohol content in your breath.

To determine if your driving has been significantly impaired, the officer may administer a field sobriety test. During the test, you will be asked to complete a series of tasks, such as: standing on one foot, walking in a straight line, and following a light with your eyes.
If the officer suspects that your BAC is over .08, he or she may take you back to the police station to administer the breathalyzer, blood, or urine test there.
DUII attorneys are an excellent resource if you are in trouble with the law or if you simply want to know more about Oregon’s drinking and driving policies. If you or a loved one need assistance in a DUII case, call an attorney today.