When it comes to driving under the influence (DUI), Oregon is quite strict. Many people charged with DUI’s first question is how long a DUI can remain on your record? If you are ever caught driving while intoxicated, that record will stay with you throughout your life. Oregon law prohibits the expungement of DUI conviction, even when such convictions have been dismissed after completing a diversion program.
If you are ever convicted of a DUI, which is officially known as Driving While Under the Influence of Intoxicants (DUII) in Oregon, it’s rather natural to wonder how long the conviction is likely to remain on your record. The simple answer is forever if you live in Oregon.
A DUII conviction doesn’t drop off after a certain length of time and Oregon state law precludes expungements or “set-asides,” as they are referred to in Oregon when it comes to DUII convictions. If you have a DUII conviction on your record, it will stay there for life.
What Are the DUII Laws in Oregon?
Drivers over 21 years of age in Oregon are considered to be driving under the influence of intoxicants if they have a blood alcohol reading of 0.08 percent or higher. 0.04 percent is the legal limit for commercial drivers, bus drivers included.
If you are below the age of 21, zero alcohol is allowed to be in your system. Drivers are also barred from driving under the influence of cannabis, intoxicating liquor, any controlled substance, inhalants, or a combination of these.
Oregon, like the vast majority of states, has an implied consent law, which means that if you drive a motor vehicle you have agreed to consent to a blood test breathalyzer test, or even a urine test if and when requested by law enforcement officials. If you refuse to take any of these tests, your license can be suspended for 1 to 3 years for that refusal alone.
The licenses of drivers convicted of DUII may be suspended. The suspension is usually for a period ranging anywhere from 90 days to 1 year and 3 years for a second conviction within 5 years. Your license will be permanently revoked for 3 or more convictions as well as for a felony DUII.
Other penalties include a fine that increases depending on the number of convictions as well as the installation of an ignition interlock device that’s used to monitor the driver’s breath alcohol content for a set time after his/her license is reinstated following a DUI conviction.
How Long Does a DUII Remain on Your Record in Oregon?
If you are convicted of a DUII in Oregon, there’s no single law that allows a court to erase the conviction from your record at a later date. Oregon has mechanisms for getting some crimes expunged or simply set aside from your record.
Oregon Revised Statute 137.225, however, specifically precludes set-asides for particular traffic-related offenses, which include driving while suspended and driving under the influence of intoxicants.
If you have been arrested on suspicion of a DUII but haven’t been convicted, either because the charges were dismissed, the case was never filed, or because you were ultimately acquitted of the crime, you are allowed to have your DUII arrest set aside. You can file to set the record of your arrest aside at any time after the charges are dismissed or you are acquitted.
Diversion Program for Oregon’s DUII Offenders
In Oregon, certain DUII offenders are allowed to enter into a diversion program. The offender enters the Diversion Program after their arrest but before being convicted of a DUII. The charge will be ultimately dismissed if you complete the program’s requirements.
DUII offenders that successfully complete the diversion program, however, don’t qualify to have their arrest records set aside under Oregon law. It, therefore, means that the arrest will stay on your record with no conviction being entered.
How Do the DUII Laws in Oregon Compare to Those in the Other States?
Oregon is rather strict when it comes to criminal records, and DUII arrests and convictions aren’t n exception. The vast majority of states do allow a drunk driving conviction to be expunged after a certain time period.
For instance, Utah allows for the expungement of DUI convictions after 10 years if no subsequent offenses have occurred. If you have been charged with a DUII, you need to first seek the best Portland DUI attorney to fight your charges. Get in touch with Portland DUI Law Firm today to schedule a Free Case Review.