Driving While Under The Influence of Intoxicants (duii)
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Definition - What does Driving While Under The Influence of Intoxicants (duii) mean?
The term DUII or driving while under the influence of an intoxicant is only used in Oregon. Other states more commonly refer to drunken driving as DWI (driving while intoxicated) or DUI (driving under the influence. DUII in Oregon is defined as:
- Driving with a blood alcohol concentration or BAC of 0.08 % or more by weight of alcohol in the blood as shown by chemical analysis of the breath or blood of the person; or
- Driving under the influence of intoxicating liquor, a controlled substance or an inhalant; or
- Driving under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.
Oregon drivers who are arrested for DUII have given their implied consent to submit to a blood alcohol concentration test or their breath, blood, or urine test. Drivers who refuse to submit to this test or who fail the BAC test may have their driver's license seized and suspended from 90 days to 3 years.
Suspensions may be challenged by filing a request for a suspension hearing. To request a license suspension hearing send a written request challenging the implied consent suspension within 10 days of the date of the DUII arrest to the Oregon Hearings Office. Requesting a hearing does not guarantee the license suspension will be dismissed; it is only an opportunity to challenge the suspension.
DUII arrest and convictions can result in fines, license suspensions, court-ordered evaluations, jail time, installation of an Ignition Interlock System to reinstate a drivers license (if BAC is 0.08% or greater), probation and potential community service. All Oregon drivers who are charged with DUII must personally appear in court. Oregon drivers who fail to appear will have an arrest warrant issued against them. Oregon takes drunken driving very seriously. Drivers arrested for DUII can not plea bargain and should contact an Oregon DUII lawyer as soon as possible.
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