DUII in Oregon
What is a DUII in Oregon?
In Oregon, the phrase 'driving under the influence of intoxicants or DUII, is used as an umbrella term to describe the crime of operating a vehicle while intoxicated. Chapter 813 of the Oregon Revised Statutes outlines the state's laws regarding drunk driving. According to state statutes, road users in Oregon must operate their vehicles with a Blood Alcohol Content (BAC) under 0.08%.
Motorists guilty of violating state laws are penalized according to the state code. When state law enforcement officials apprehend an offender, they are detained and prosecuted by Oregon state courts. The penalties issued to each offender vary depending on the nature of the crime and the motorist's driving history. Guilty offenders may be penalized with a fine, jail time, or court-authorized therapy or rehabilitative programs. In most cases, DUI offenses are featured in the offender's Oregon criminal record depending on their prior crimes.
What is the Difference Between a DUI, DUII, and a DWI in Oregon?
The offense of drunk driving is designated as driving under the influence (DUII) in Oregon. However, most U.S. states refer to the crime as DUI (driving under the influence) and others as DWI (driving while intoxicated). While the term DUII was adopted to accommodate the various possible intoxicants better that a motorist could ingest, the terms DUI, DWI, and DUII are used to describe the same kind of offense. DUII (driving while intoxicated by intoxicants) is a phrase used in Oregon to represent all driving offenses while intoxicated by substances such as alcohol or drugs.
Oregon DUI Laws
Oregon DUI laws are outlined in the state's provisions for DUII offenses. According to Oregon DUII laws, it is illegal for a motorist to drive with a blood alcohol content (BAC) of .08 percent or above. Motorists are also disallowed from operating a vehicle when under the influence of drugs or alcohol, cannabis, a prohibited substance, psilocybin, or an addictive stimulant. Even if the offender has never been convicted in criminal court, a DUII arrest usually results in administrative sanctions. In addition to the administrative sanctions, criminal sanctions are imposed if the offender is convicted of a DUII.
"Under the influence" is defined by Oregon law as having one's bodily or mental faculties "adversely impacted to a detectable or palpable degree" due to drug or alcohol consumption. The drunk driving regulations in Oregon are codified in Section 813 of the Oregon Vehicle Code. The Oregon Driver and Motor Vehicle Service work with the courts to penalize road traffic offenses. It suspends the driver's license of motorists that commit traffic offenses which include:
- Driving Under the Influence
- Refusing to take an alcohol/drug test
- Repeating the same traffic violation regularly
- Hit-and-run charges
For drivers under the age of 21, Oregon DUI laws impose a zero-tolerance approach or 0.02 limit, and a BAC of 0.04 or higher is not permitted for commercial drivers. A BAC of 0.08 or above is prohibited for drivers over 21.
Plea bargaining in DUII prosecutions is illegal by Oregon law. As a result, in Oregon, a person accused with a DUII has only two alternatives for resolving the case: plead guilty or go to trial. Essentially, an offender cannot plead guilty or no contest to another crime in return for the DUII charge being dropped. Certain criminals, however, may be eligible for a dismissal if they complete a diversion program.
The Oregon Health Authority (OHA) Health Systems Division (HSD) determines certification and service standards followed by Alcohol and Other Drug Screening Specialists (ADSS, and the DUII services providers ensures compliance. Individuals may consult the Oregon Driver Manual for safe driving practices and a list of offenses that may lead to a license suspension.
DUI Penalties in Oregon
DUI penalties in Oregon vary depending on the nature and severity of the crime and the offenders' driving history. According to Oregon statutes, A first-time DUI offense is deemed a Class A misdemeanor. However, where the offender has been convicted of DUI at least three times in 10 years, it is considered a Class C felony.
Class A misdemeanors are the least severe category of DUI offenses. They are punishable by up to one year in prison, a fine of up to $6000+ while Class C felonies are punishable by up to two times the designated penalties for Class A misdemeanors.
In general, DUI offenses are penalized thus:
- First-time convictions are penalized with a minimum fine of $1,000 and a driver's license suspension period of up to 90 days
- Second-time offenders may be fined up to $1,500 and their licenses suspended for up to one year
- For a third or subsequent conviction, offenders are fined $2,000, and if the third violation occurred within five years of prior offenses, the license is suspended for at least 3 years.
- The offender's driver's license will be permanently revoked for a fourth conviction
The penalties for a DUI in Oregon depend on the prior records of the motorist and if any person suffered any injury due to the motorist's driving.
What Happens When You Get a DWI in Oregon?
A DWI is not considered a separate offense from a DUII in Oregon. Per Section 813 of the Vehicle Code, a DWI in Oregon is considered and penalized like a DUII.
The State of Oregon may arrest and charge a motorist if law enforcement and the courts can produce evidence of disorder or even that the motorist does have a high blood alcohol level. The motorist can hire an attorney to challenge the expenses or pay the fine if required.
What Happens When You Get a DUI for the First Time in Oregon?
When someone is convicted of a DUII in Oregon, the court is required by state law to impose various penalties. A sentencing judge has the power to impose a wide range of sanctions. A sentence of probation is almost always imposed after a conviction. Instead of probation, a person who is sentenced to jail will be placed on post-prison supervision.
The following requirements are almost always imposed as part of a probation sentence:
- A prison sentence ranging from 48 hours to six months.
- A fine of $1000 to $3500.
- Drug addiction treatment.
- No bars, taverns, or intoxicants.
- Attendance at a Victims Impact Panel.
- A one-year, three-year, or lifetime license suspension or revocation.
Some fines are not imposed by the court but must be met for your license to be reinstated after it has been suspended. The filing of an SR-22 and installing an ignition interlock device are two among them.
Several fines will not be applied if the motorist enrolls and finishes the diversion program. Because this is the offender's first crime, they may be eligible for a diversion program and avoid a conviction entirely. The number of past DUII violations you have increases the severity of the penalties. In other words, a first conviction will result in a shorter sentence and lesser fines than a second conviction.
What is the Penalty for a Second DUI in Oregon?
In Oregon, second DUII offenses are also considered third convictions. This is because most drivers go through diversion after their first DUI arrest, and there will almost certainly be no conviction. Assuming that a third DUI constitutes a repeat offense, the following DUI punishments are typical:
- Further jail time over the 48 hours required by law, or additional community service over the 80 hours required by law. Five days in jail may be imposed in some jurisdictions. One could face 30-45 days in prison in other jurisdictions.
- A monitored or guided period of probation: A driver who receives their third DUI will most likely be seen by the court as having a serious substance addiction issue, and the court will want to keep an eye on them.
- Intensive drug and alcohol rehabilitation
- Suspension of the driver's license for a longer period.: A second DUI conviction in Oregon usually results in a three-year suspension of the driver's license (depending on when the prior occurred).
- An Interlock Ignition Device for a longer period (typically five years)
- Electronic surveillance: In many situations, the court will require pre-trial electronic monitoring of the motorist while they are on probation (to verify that the driver isn't consuming any alcohol).
- Court fines paid in addition to the existing fines
The Oregon Department of Motor Vehicles will need the offender to demonstrate proof of financial accountability in the form of an Oregon SR22 policy before they can reactivate the offender's license or issue you a hardship license following the suspension period.
What Happens After a Third DUI in Oregon?
In Oregon, a fourth DUI conviction usually indicates a third offense and a third conviction. This is because most drivers may have gone through diversion following their first DUI arrest, and there will almost certainly be no conviction. Presuming that a 4th DUI is a third DUI conviction, the situation becomes more problematic because the case might be a misdemeanor or a felony. The consequences for a felony DUI differ significantly from those for a misdemeanor.
A DUI in Oregon couldn't be prosecuted as a felony unless the motorist had three prior DUI convictions within the previous ten years, according to ORS 813.010. Since Oregon has a diversion program, this essentially meant that a motorist who completed a diversion program for their first DUI might have four prior DUI offenses before facing felony charges. If the motorist completed diversion, no conviction would be filed for the initial DUI offense. Felony DUIs under ORS 813.010 are still classified as Class "C" felonies, punishable by up to five years in jail and penalties of up to $125,000.
How Long Does a DUI Stay on Your Record in Oregon?
Oregon is quite stringent regarding driving under the influence (DUI) offenses. Hence, when a motorist is convicted of a DUI, it remains on the offender's record for life; even if a DUI conviction has been dropped following a diversion program, Oregon law prevents the expungement of such convictions.
DUI Expungement in Oregon
Oregon allows the expungement of eligible crimes expunged from selected records. However, if convicted of a DUI in Oregon, the court cannot erase the conviction from the records. DUIs in Oregon stay on one's record forever.
If an arrest on suspicion of a DUI has been made but hasn't been convicted because charges were dismissed, or one was acquitted, or the case was never filed it's possible to have a DUI arrest set aside. How about the completion of a diversion program? DUII offenders who complete diversion successfully don't qualify to have their arrest records expunged under Oregon law. This means the arrest stays on the records with no conviction entered. Regrettably, this is a piece of awful news here. Such charges, which would include careless driving, hit-and-run, and DUII in Oregon, can't be erased under state law.
How Likely is Jail Time After a First DUI in Oregon?
A first-time DUI offender is unlikely to spend time in prison. Unless there are aggravating elements, the first and second DUII convictions in Oregon are usually treated as misdemeanors. In these cases, the jail term is usually just 48 hours long, although it can be up to a year depending on the context, this isn't always the case, though.
What is the Average Cost of DUI in Oregon?
The average cost of a DUI in Oregon is $10,000. However, offenders are not likely to spend as much for the first offense in Oregon.
The exact fines, fees, levies, and legal costs for a DUI conviction vary. However, the following are some estimates:
- Fines, costs, and assessments for a conviction: $1,400.00
- Fee for evaluation: $150.00
- Fees for the Victim Impact Panel range from $40.00 to $50.00.
- $2,000.00 – $3,000.00 for drug and alcohol therapy
- $200.00 for SR-22 insurance and a hardship application
- Ignition Interlock Device (IID): $1,800 (usually $75 per month for 24 months)
- Legal fees range from $3,000 to $5,000.
Several variables determine the overall cost of a DUI. First-time DUI convictions carry fines ranging from $1,000 to $3,000, including a $255 surcharge. However, there are some circumstances in which fines are increased. A fine of at least $2,000 will be imposed if BAC was.15 percent or above. The maximum penalty is $6,250 in either of these two circumstances. Nevertheless, the court can impose a $10,000 fine for a DUI with a passenger under the age of 18 and at least three years less than the individual driving the vehicle. A DUI conviction can cost a lot of money. Consult a DUI lawyer before pleading guilty.
How Much is Bail for a DUI in Oregon?
In Oregon, the amount that an offender will spend on bail varies depending on the offender's history or the nature of the offense.
The bail cost for a first DUI charge may be as little as $500, but several jurisdictions have increased it to $2,500. For second offenders, the bond will be increased to $10,000. A third DUI charge carries a $15,000 bail and severe legal ramifications for future driving privileges. If the motorist gets a fourth DUI charge, a misdemeanor becomes a felony, and a $50,000 bail fee is frequently required. In most circumstances, driving while under the influence and inflicting bodily injury to another person necessitates a $25,000 bail bond. The charge will become a felony when there is extreme misconduct and bail is placed at about $100,000.
How to Get My License Back After a DUI in Oregon?
Felony DUII and a third DUI conviction (upon DUII Diversion) are two examples of indictments that would result in the withdrawal of one's driving privileges for the entirety of life in Oregon.
Luckily, in some circumstances, Oregon driver's license could be reinstated. If a person's driver's license was already revoked for life due to DUII-related offenses in Oregon, that isn't necessarily the end of the tale. After ten years, a person may be eligible for restoration under the right circumstances. The particular timing of eligibility for reinstating licenses may be affected by events such as the date of arrest, probation, and consecutive motor vehicle-related offenses.
A petition should be filed in circuit court, followed by a hearing. The petition must ask the judge to reinstate the person's driving privilege. A hearing would be held following the lodging of the petition to decide whether it will be granted. The court will consider a variety of things during the hearing. These criteria include the type of offense that led to the revocation and additional criminal and noncriminal matters relating to the petition that occurred before and after the revocation. To win in the hearing, the person seeking their license must present substantial evidence that all requirements have been met.
A DUII attorney specializing in driver license recovery is usually in charge of the entire process. If specific criteria are met, the court will order the reinstatement of driving rights. According to the court, the petitioner must be found rehabilitated, does not constitute a threat to public safety, and has completed an alcohol/drug treatment program (if required by the revoking conviction). If the court directs that driving privileges be restored, the Oregon Department of Motor Vehicles (DMV) will not reinstate a driver's license unless the applicant meets future responsibility criteria.
How Does a DUI Affect Your Life in Oregon?
DUI convictions appear on background checks and can result in serious consequences in Oregon. A conviction for driving under the influence of intoxicants (DUII or DUI) carries several penalties and repercussions. The offender may lose their driver's license and face jail time and hefty penalties. The following are some of the most severe implications of a DUI conviction:
- If the motorist does not have a valid driver's license, they may lose an employment chance.
- A first DUI conviction might result in harsh consequences for a future DUI conviction.
- Car insurance companies will view such a driver as a risk, raising the driver's insurance price.
- Other implications may not be obvious right away. Thousands of dollars in fines and other financial penalties might be levied against the offender, including fees for an ignition interlock device, alcohol treatment seminars, higher insurance rates, and other expenses.
Can You Get Fired for a DUI in Oregon?
Yes, a DUI conviction in Oregon can result in a person's dismissal. This decision is ultimately influenced by the nature of the job and the firm's policies. For driving-related jobs, the employer must be informed because the driver's license will most likely be suspended due to the arrest, and there will be no opportunities to drive legally.
However, some contracts stipulate that an employee can only be fired for a good reason. These contracts frequently specify what an acceptable reason for dismissing a worker is. Where this is the case, the employee may contest the termination if a DUI arrest or an arrest, in general, is not identified.
How Do I Find DUI Checkpoints in Oregon?
The Oregon State Constitution prohibits the use of DUI checkpoints (sometimes known as "sobriety checkpoints"). The Oregon legislature made DUI checkpoints illegal in 1987. On the other hand, DUI saturation patrols are still legal and are commonly carried out during major holidays and special events.
Oregon is one of the few states that does not require all motorists to be stopped in the search for "drunk drivers". DUI checkpoints are legal in 38 states and Washington, D.C., although illegal in 12 states (by state law or state constitution).
Which is Worse, DUI vs. DWI?
There isn't much distinction between a DUI and a DWI in Oregon because both involve risky driving habits. In Oregon, both DUIs and DWIs are penalized the same way.
Although not every state distinguishes between the two charges, for those who do, the DWI is the more severe of the two because it encompasses a higher degree of harm or intoxication and requires more proof.