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Oregon DUI Laws & Penalties

Oregon DUI

In an Oregon DUI case, often referred to as an Oregon DUII case which stands for Driving Under the Influence of Intoxicants, you can be arrested based on two different situations.

An Oregon DUI case is something to take very seriously. If you are arrested First, the Oregon per se law makes it illegal to drive if you have a BAC (or blood alcohol content) that is .08% or greater. In addition if your driving is considered to be impacted enough to be considered dangerous by the Oregon police, even if your blood alcohol level is lower than .08% you can also be cited for an Oregon DUII. In this case, the officer will request you to perform field sobriety tests to determine if the alcohol is impairing your ability to drive. 

If you are arrested, you need to contact an Oregon DUI lawyer as soon as possible. Your lawyer will help you request an Oregon DMV hearing. If you do not request this hearing, you will lose your driver’s license automatically. After helping you to request this hearing, your DUI lawyer will help you to get the least possible sentence or possibly get your case dismissed all together depending on the circumstances.

Refusal to Test

When you are arrested for an Oregon DUI, you must submit to a breath or blood test to determine your blood alcohol concentration. If you refuse this test, the officer handling your arrest will immediately seize your driver’s license in accordance with Oregon law. In court, the refusal to test will be viewed as an admission of guilt. 

Penalties for Oregon DUI

In the wake of your Oregon DUI arrest, you are facing possible jail time, fines, license suspension, and court ordered evaluations. Oregon takes drunk driving seriously, and the punishments are quite strict. You cannot plea bargain in Oregon DUI cases either. Here is a summary of the fines and punishments that you face: 

Oregon DUI First Offense

  • Fine of $1,000 to $10,000
  • 48 hours up to 1 year in jail (community service in lieu of jail time)
  • Drivers license suspension for 1 year to 3 years
  • Probation
  • Addiction evaluation
  • Attendance at a Victim Impact Panel
  • Ignition interlock system mandatory on convictions of .08 or greater in order to reinstate a drivers license

Oregon DUI Second Offense

  • $1,500 to $10,000 in fines
  • Jail time of 5 days to 1 year (community service in lieu of jail time)
  • Drivers license suspension for 1 year
  • Vehicle and license plates impounded
  • Probation
  • Addiction evaluation
  • Attendance at a Victim Impact Panel
  • Ignition interlock system mandatory in order to reinstate drivers license on .08 or greater convictions

Oregon DUI Third Offense

  • Class C felony within 10 years of last conviction
  • Up to 5 years in prison
  • Fine of $2,000 to $10,000
  • Vehicle and license plates impounded
  • Permanent license revocation
  • Probation
  • Drug and alcohol addiction evaluation
  • Attendance at a Victims Impact Panel

Oregon BAC Assumptions

  • BAC levels of .001 to .079 are admissible as indirect evidence of being under the influence
  • BAC levels of .08 or greater are considered to be under the influence

Oregon Implied Consent Laws

  • Chemical testing is allowed for blood or breath.
  • The officer must advise the defendant of the penalties they face for test refusal.
  • Immediate license seizure for test refusal and a 1 to 3 year license suspension. Test refusal is admissible in court.

Chemical Testing

  • Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified individual.
  • The defendant has the right to have an independent chemical test done by a qualified person of the defendant's choice. The cost for an independent test is the defendant's responsibility.
  • Test results must be made available to the defendant and their Oregon DUI attorneyupon request.

On top of these consequences, people guilty of an Oregon DUI could face community service hours. Also, no matter how many DUI convictions you have, you will face much more expensive insurance premiums after facing your Oregon DUI case. 

Oregon driving under the influence of intoxicant (DUII) laws do allow for a program called DUI diversion. Oregon DUI diversion is reserved only for 1st offenders and in most cases require a plea of 'no contest' or 'guilty' to be eligible for the DUII diversion program. A skilled Oregon DUII lawyer can arrange for the diversion program quite easily. See these Oregon DUI lawyers for assistance.

Oregon DUII Diversion will result in the dismissal of the DUII charge if the person successfully completes the program. Normally this takes up to 1 full year to process. 

Oregon DUI Attorneys

DUI Arrest Help.com has compiled a list of skilled DUI defense attorneys in Oregon who have agreed to offer you a free initial consultation to discuss your case.  There is no obligation to use them, and you can get some great information about what you should do in this free consultation.  

Click here to speak with one of our Oregon DUI lawyers.

SR22 Insurance Considerations after a Oregon DUI

SR22 insurance is required in the state of Oregon after a DUI conviction.  This type of insurance is classified as 'high risk' meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk.  This can get very expensive if you sign up for one of these policies with the wrong company.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Oregon and has worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in Oregon for any less.  Type in your zip code below so we can provide you with the cheapest rates in your area.

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Other Oregon DUI Resources

  • Oregon DUI First Offense - Detailed first offense information including punishments after a first offense DUI in Oregon.

  • Oregon SR22 Insurance - Learn everything you need to know about Oregon SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your OR SR22 insurance.

  • Oregon DUI Lawyers - Contact one of our Oregon DUI lawyers today.

  • Oregon Alcohol Addiction Evaluation - We offer a complete listing of Oregon's approved alcohol addiction evaluation & treatment programs.