What is DUII?
In Oregon, DUII stands for Driving Under the Influence of Intoxicants, which includes both alcohol and drugs. It is illegal to operate a motor vehicle when your ability to do so safely is impaired by intoxicants. The law applies to both alcohol and controlled substances, including marijuana, prescription drugs, and illegal drugs.
Oregon law establishes legal limits for blood alcohol content (BAC) and sets out penalties for those who exceed those limits. For alcohol, the legal limit is 0.08% BAC for drivers over the age of 21. For commercial drivers, the BAC limit is set at 0.04%, and for drivers under 21, any detectable amount of alcohol in the system can lead to a DUII charge.
But alcohol is not the only substance that can impair your ability to drive. Drugs, both prescription and recreational, can also result in a DUII charge if they affect your ability to operate a vehicle safely. This includes common substances like marijuana, opioids, and even over-the-counter medications that cause drowsiness or impair motor skills.
Penalties for DUII in Oregon
The consequences of a DUII conviction in Oregon vary based on the number of prior offenses and whether aggravating factors (such as an accident or injury) are involved. Here’s a breakdown of the penalties for a DUII conviction:
| Offense |
License Suspension |
Fines |
Jail/Prison Time |
Other Penalties |
Class |
| First Offense |
1 year (plus possible implied consent suspension) |
Minimum $1,000 or $2,000 (based on BAC), up to $6,250 |
Minimum 48 hours or 80 hours community service, up to 1 year |
Alcohol education ($150 screening + treatment), probation, restitution, victim impact panel, ignition interlock device, abstaining from substances unless prescribed |
Class A Misdemeanor |
| Second Offense |
3 years (plus possible implied consent suspension) |
$1,500 or $3,500 (based on BAC), up to $6,250 |
10–30 days, up to 1 year |
Same as first offense |
Class A Misdemeanor |
| Third Offense |
Permanent revocation (restoration possible after 10 years via court petition) |
$2,000 to $4,000 (based on BAC), up to $6,250 |
90 days, up to 1 year |
Same as first offense |
Class A Misdemeanor or Class C Felony (if prior convictions within 10 years) |
| Felony DUII |
Permanent revocation (restoration possible after 10 years via court petition) |
Up to $125,000 |
Up to 5 years prison |
Same as first offense, plus consequence of felony conviction on record |
Class C Felony |
The severity of penalties increases with each successive DUII offense, and repeat offenders may face even stricter consequences, including mandatory alcohol and drug treatment programs, ignition interlock device installation, and possibly permanent loss of driving privileges.
Diversion
In Oregon, the vast majority of first-time DUII offenders are eligible for diversion, a program designed to help individuals avoid the long-term consequences of a conviction. Hiring a skilled defense attorney can help determine your eligibility for diversion and ensure the process goes smoothly, maximizing your chances for a successful outcome.
License Suspension
A suspension or revocation for a DUII conviction is separate from a suspension under the Implied Consent Law. Oregon law requires a DUII Treatment Completion certificate before you can regain your driving privileges.
Most Oregon drivers may qualify for a hardship permit during a period of their suspension, allowing travel to and from work, and drug or alcohol treatment.
Implied Consent Law
In Oregon, the Implied Consent Law means that by operating a vehicle in the state, you automatically consent to a chemical test (breath, blood, or urine) if an officer has reasonable suspicion that you are impaired. Refusing to take the test results in automatic penalties, such as a 1-year license suspension for the first refusal, and harsher consequences for subsequent refusals.
DUII and Marijuana in Oregon
With the legalization of marijuana for both recreational and medical use, many people are unaware that driving under the influence of marijuana can also lead to a DUII charge. Oregon law states that any amount of marijuana found in the driver’s urine or blood while they are operating a vehicle coupled with impairment can lead to a DUII charge.
Law enforcement officers are trained to recognize signs of impairment and may use drug recognition evaluation, to assess whether a driver is under the influence of marijuana or other drugs.
Defenses to DUII Crimes in Oregon
- Illegal Stop
- Inadmissible Evidence
- You were not intoxicated
- Problems with Chemical testing
How a DUII Lawyer Can Help
A skilled DUII lawyer in Oregon can guide you through the complexities of your case, potentially reducing the charges or helping to mitigate penalties. In some cases, attorneys may challenge the accuracy of chemical tests, question the legality of the traffic stop, or pursue more favorable sentences for the consequences of your DUII charge.
Hire an Experienced Oregon DUII Attorney
DUII is a serious offense in Oregon, and the consequences can be severe, including license suspension, fines, and jail time. With Oregon’s tough penalties and enforcement of the Implied Consent Law, it’s crucial to understand the risks and responsibilities associated with impaired driving.
To protect yourself and others on the road, always plan ahead when consuming alcohol or drugs and avoid driving if you feel impaired. If you find yourself facing a DUII charge, it’s important to contact an experienced DUII lawyer to protect your rights and explore possible defenses. Stay informed and stay safe on the roads of Oregon!
Having an experienced Oregon criminal defense lawyer on your side can drastically change the outcome of your case and the penalties associated with it. Call us now for a free consultation: 541-508-4716.
