It is illegal in the state of Oregon to operate a motorized vehicle with a blood alcohol content of 0.08% or higher. Drivers who are under the age of 21 can be arrested for any amount of alcohol in their system or be charged with a per se violation with a BAC of 0.02% or higher. Commercial drivers are held to a higher standard than non-commercial drivers and cannot operate a motorized vehicle with a blood alcohol content of 0.04% or higher.
How are the DUI penalties determined in Oregon?
Oregon drivers arrested for a third drunk driving charge face very serious consequences. The penalties drivers face will depend on the number of drunk driving convictions they have had in the last five years. Penalties may be enhanced based on the following:
- The driver’s blood alcohol content at the time of the DUI.
- Whether the driver caused injury to another person
- Whether the court determines the driver is remorseful for their crimes
- The driver’s previous criminal record
Penalties for third DUI in Oregon within five years
Drivers who are arrested for a third DUI in Oregon and have had their two priors within the last 5 years can expect to be charged with a felony. Drivers can expect to serve a jail term of 48 hours to 60 months in jail. The actual amount of time is up to the court and will depend on the circumstances outlined above.
Additional DUI penalties for a third DUI arrest can include potential home detention with an electronic monitoring device, community service, fines not less than $2,000, life-time license suspension, mandatory alcohol education classes and participation in a drunk driving victim impact panel. Additional fees include a $40 assessment fee, $130 driver’s program fee and a $95 unitary assessment fee.
License Suspension and DUI in Oregon
One of the biggest penalties for a third DUI in Oregon is the possible life-time license revocation for habitual DUI offenders. Hardship licenses are also not generally not approved for third time DUI offenders.
Drivers who have their license permanently revoked may, under some conditions, be allowed to petition the court for reinstatement after 10 years. Contact a DUI lawyer familiar with Oregon state DUI laws for more information about your options.
Not convicted of DUI but license suspended in Oregon
Some Oregon drivers are surprised to find that their Oregon license was suspended even though they were not convicted of DUI.
Oregon drivers have given their implied consent to submit to a blood alcohol content test if the police officer suspects they are intoxicated. Refusal of the test will result in an immediate license suspension. Drivers should be issued a temporary license which will allow them to drive until they are able to challenge their license suspension at an administrative hearing.
Drivers will have a specific amount of time to request an administrative hearing. DUI lawyers can be hired to help drivers at the hearing. As mentioned above, drivers can have their license suspended by the Oregon Department of Motor Vehicles even if they are not ultimately convicted of drunk driving.
- Oregon DUI – Requesting an Administrative Hearing (duiattorneyhome.com)
- License suspended but Drunk Driving case dismissed (duiattorneyhome.com)
- DUI – Refused Blood Alcohol Content (BAC) Test. Was this a good idea? (duiattorneyhome.com)