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DUI in Oregon

DWI in Oregon

Drunk driving is a serious offense. In Oregon, if you have been arrested for a DUI or driving under the influence of drugs, alcohol or a combination of the two, there are serious penalties. If you are convicted of DUI you may have to:

  • Pay substantial fines and penalties
  • Buy additional insurance coverage
  • Install an Ignition Interlock Device on your automobile
  • Spend time in jail

It is time to call an Oregon DUI attorney. An Oregon DUI lawyer understands Oregon DUI laws and can answer all of your DUI or DWI questions. Certain steps must be taken immediately following your arrest. Do not wait until it is too late to call an Oregon criminal defense attorney.

It is illegal, in the state of Oregon, to operate a motor vehicle under the influence of drugs or alcohol or a combination of the two. Drunken driving is most commonly referred to as DUI or driving under the influence". Drivers who have a blood alcohol concentration of 0.08% or more can be arrested for DUI. Drivers do not have to exhibit any type of physical or mental incapacity if their BAC is above the legal limit to be arrested for a DUI.

Drivers can also be arrested if their BAC is below 0.08% if their ability to drive is impaired and their behavior indicates they may be intoxicated. Slurred speech, blood shot eyes or an inability to walk with out falling down could all be physical manifestations of drunkenness.

Commercial truck drivers may also be arrested for a DUI if their BAC is 0.04% or higher. If a commercial truck driver refuses to take a chemical test they will lose their commercial drivers license for 1 year. If a commercial truck driver is arrested twice for a DUI, they will lose their license permanently. If a commercial truck driver is arrested with a BAC of less than 0.04%, they are required to wait 24 hours to resume driving.

Drivers who are under the age of 21 with a BAC of greater than 0% (but less than the illegal limit) can be arrested under Oregon's zero tolerance law. If a driver under the age of 21 has a BAC of 0.08% or higher they will face similar charges to a driver over the age of 21.

Penalties for DUI in Oregon

First offense (Class A Misdemeanor)

  • Mandatory jail sentence of 48 hours in jail and a maximum of 1 year. The Oregon court may decide instead to let the driver do 80 hours of community service.
  • Mandatory license suspension for 90 days if the driver has not been convicted of a DUI with in the last 5 years. 1 year suspension if the driver has a DUI conviction in the last 5 years. If a driver refuses to take a chemical test their license may be suspended for 3 years. Under certain conditions a hardship license may be allowed.
  • The driver may be required to pay fines of $1,000 to $6,250
  • Mandatory purchase of Oregon SR22 insurance
  • Participation in a DUI victim impact panel
  • Mandatory participation in an alcohol treatment education course

Second Offense (Within 5 years)

  • Mandatory jail sentence of 48 hours in jail and a maximum of 1 year. The Oregon court may decide instead to let the driver do 80 hours of community service.
  • Mandatory license suspension for 1 year. Under certain conditions a hardship license may be allowed.
  • Required to pay fines of $1,500 to $6,250
  • Mandatory purchase of Oregon SR22 insurance
  • Mandatory participation in an alcohol treatment program
  • Participation in a DUI victim impact panel

Third Offense (Within 5 years)

  • Mandatory jail sentence of 48 hours in jail and a maximum of 1 year. The Oregon court may decide instead to let the driver do 80 hours of community service.
  • Mandatory license suspension for 3 years if the driver has not been convicted of a DUI within the last 5 years. The court may also decide to permanently revoke a driver's license.
  • Required fines of $2,000 to $6,250
  • Mandatory purchase of Oregon SR22 insurance
  • Attendance in a DUI victim impact panel
  • Mandatory participation in an alcohol treatment course

Additional Factors Considered for an Oregon DUI
Oregon DUI penalties are determined by state law, but the judge and DUI courts can impose harsher penalties than the minimum DUI penalties outlined above after considering other factors including:

  • The criminal history of the defendant
  • Whether the defendant's attitude was remorseful, belligerent or uncooperative
  • Whether the DUI caused accident or injuries
  • Whether the defendant was arrested with children in the car
  • Whether the defendant pursues alcohol treatment prior to a court order
  • The DUI record of the defendant

Hiring an Oregon DUI lawyer
No one has to hire a DUI lawyer, but a DUI attorney can outline all of your options for fighting your DUI charge. It may be possible for your DUI attorney to present a defense which eliminates or reduces the charges and subsequent penalties against you. If you have injured or killed someone and you were intoxicated, you could spend years in prison. Talk to a criminal defense attorney about all of your options.