If you’re a driver in Oregon, you need to familiarize yourself with the state’s drunk driving laws. Drunk driving offenses are serious, and they can have a major impact on your life and livelihood. While every state has laws against drunk driving, there are some differences. In Oregon, operating a vehicle while under the influence of alcohol or a controlled substance is a crime. It is called driving while under the influence of intoxicants (DUII). Whether you’re a new driver or you want to brush up on your knowledge, this article will help you. Under Oregon’s Revised Statutes Section 813.010, you can be charged with a DUII in Oregon if you:
- Have a blood alcohol concentration of 0.08 percent or higher
- Are under the influence of intoxicating liquor, an inhalant or a controlled substance
If you’ve been accused of driving under the influence, contact a DUI lawyer in Portland, Oregon as soon as possible.
How Will the Authorities Prove I’m Under the Influence?
Anyone who drives in Oregon automatically consents to a chemical sobriety test if they are arrested for a DUII. This is covered under what is called an implied consent law. A breath test is common. However, if the individual receives medical care immediately after a car accident, a blood test will be administered. Urine tests are also an option. The police officer administering the breath test must have reasonable grounds for suspecting the driver was under the influence.
A driver has the right to refuse to take a test. However, if they refuse or they take the test and fail, this can be used against them in court. A failed test means that the driver had:
- A BAC of 0.08 percent or more while driving
- A BAC of 0.04 percent or more while driving a commercial vehicle,
- Any amount of alcohol in their blood if under the legal drinking age of 21 years old
Drivers who fail a chemical test face a license suspension of 90 days to one year. Meanwhile, motorists who refuse testing are likely to have their license suspended for one to three years. The exact length of the suspension depends on their record and any prior participation in a drug or alcohol treatment program.
What Are the Penalties if I’ve Been Charged with a DUII in Oregon?
Driving under the influence of intoxicants of any kind is a Class A misdemeanor. It is punishable by imprisonment for a maximum of one year and/or a fine. The fine depends on whether it’s your first or a subsequent conviction. If it’s your first time, you’ll have to part with at least $1,000. For a second conviction, the fine increases to $1,500. Third and subsequent convictions attract fines of at least $2,000 if the offender doesn’t serve jail time.
These penalties can be increased if the driver’s BAC is extremely high or they were transporting a minor. A BAC of 0.15 percent or more carries a minimum fine of $2,000. If a passenger under the age of 18 and a minimum of three years younger than the motorist was in the car, the fine increases significantly. The driver will have to pay up to $10,000.
There are certain circumstances in which a misdemeanor DUII offense can be upgraded to a felony. For example, if the driver has been convicted of a DUII at least twice in the past ten years. This conviction can take place in Oregon or any other state. One exception is if the conviction occurred in another state and the offender was:
- under 21 and;
- had a BAC lower than that allowed for someone over 21
This is not considered a prior conviction.
If an offender is convicted and sentenced for a DUII felony, any subsequent DUIIs will be a felony. It doesn’t matter how many years have passed. A Class C felony carries a minimum jail sentence of 90 days.
Plea bargaining is not allowed in DUII cases in Oregon. The only options you’ll have when you’re charged are to plead guilty or go to trial. You can’t plead no contest and get the charges dismissed. However, your lawyer may be able to get the charge dismissed under other circumstances. Some DUII offenders are allowed to enter diversion programs.
Contact the Trilogy Law Group Today
If you’ve been charged with driving under the influence, you need to work with a Portland DUI attorney. You should never attempt to handle your case on your own. At the Trilogy Law Group, we know the law and we’ll do everything we can to secure the best outcome. Call us today to schedule a consultation.
