OREGON DUI

Blood Alcohol Level (BAC) for Driving Under the Influence (DUI) in Oregon:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .00% or above
• Commercial Drivers: .04% or above
• High BAC: None

Implied Consent and Chemical Test Refusal: Oregon's Implied Consent Law stipulates that if you are pulled over in the state of Oregon, and the officer who pulls you over has a reasonable suspicion that you are driving under the influence of alcohol, you must consent to a chemical test to determine your BAC. Your BAC may be tested by a sampling of your breath, urine or blood. Failure to allow the officer to conduct such a test will result in the suspension of your license for between 90 days and 3 years. Seek an Oregon criminal defense attorney for advice and to help you understand the complexities of your situation if you have been arrested for a DUI. The law, and in particular the sentencing in DUI cases can be very intricate, and a lawyer who specializes in DUI law in Oregon could be extremely helpful to you.

Oregon DUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First DUI Conviction: 1 year. You must also complete a drug or alcohol treatment program and participate in a Victim Impact Panel Program.
  • Second DUI Conviction: 3 years, if your second DUI conviction is within 5 years of your previous DUI. Completion of an alcohol treatment program and participation in a Victim Impact Panel Program are mandatory.
• Monetary Fines:
  • First DUI Conviction: Minimum of $1,000. However, if your BAC is .15% or above, you will be fined $2,000. You will also have to pay a minimum of $300 in other DUI fines. Expect a fine of up to $10,000 if a child under 18 was in the car and 3 years younger than the driver.
  • Second DUI Conviction: You will incur a minimum fine of $2,000. But, if there was someone under age 18 in the car, and he/she is 3 years younger than the driver, you may be fined up to $10,000. Further, if you had a BAC of .15% or above, you will be fined a minimum of $2,000. You will incur various DUI fees of $300, minimum.
• Community Service: You must accomplish 80 hours of community service after your first DUI offense.
• Probation: If you drive while your license is suspended, you may be sentenced to probation. The court may also order probation at its discretion for a DUI offense.
• Motor Vehicle Impoundment: Yes, after your second DUI offense.
• Ignition Interlock: Following the suspension of your license after your first DUI conviction, you must install an ignition interlock device in your car for at least 1 year. After your second DUI conviction, you are required to install an ignition interlock device in your vehicle for 2 years.
• Prison Time:
  • First DUI: 48 hours minimum to 1 year maximum.
  • Second DUI: Maximum of 1 year.

Oregon DUI Arrest - Criminal Charges Consult a criminal defense attorney if you have been criminally charged with a DUI in Oregon.

Potential Criminal Consequences: An arrest for DUI will be charged as a Class A Misdemeanor. Your third DUI offense within ten years of your first two offenses is classified as a Class "C" felony offense.

Reinstating Your License After Oregon DUI Conviction: To reinstate your driver's license, your insurance carrier must complete and file a SR-22 proof of insurance form with the Oregon Department of Motor Vehicles (DMV). The fee for a license reinstatement in Oregon is $75.

Effect of Oregon DUI on Car Insurance: Liability insurance will become much more expensive after you have been convicted of a DUI. You are required to have your insurance company file a SR-22 proof of liability insurance form before your license will be reinstated. You must maintain SR-22 insurance for at least three years after the revocation or suspension of your license has ended.

Effect of Oregon DUI on Driving Record: Your Oregon DUI conviction is a permanent mark on your record.

Under 21 and DUI: You will be charged with violating Oregon DUI law if you are under 21, you have any amount of alcohol in your system and you are operating a motor vehicle. The same penalties that apply to adults will apply to you if you violate the Zero Tolerance Law in Oregon. In addition, after you are convicted of violating the Oregon Zero Tolerance Law, you must file proof of a SR-22 insurance policy before your license can be reinstated.

Oregon DUI Resources

Oregon Department of Motor Vehicles

http://www.oregon.gov/ODOT/DMV/

Oregon Transportation Safety

http://www.oregon.gov/ODOT/TS/