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What happens when you get a DUII in Oregon?

Here's what you need to know...
  • Driving under the influence of intoxicants is a Class A misdemeanor for first-time offenders in the state of Oregon
  • Anyone who has been convicted for DUII three times within ten years will be convicted of a Class C felony
  • Offenders will be ordered to pay a minimum fine of $1000 (up to $10,000) for their first DUII conviction
  • OR is a zero-tolerance state; anyone under 21 who has a BAC of .01+ will have their license suspended for one year
  • OR legislation states that offenders must install an ignition interlock device in their cars for reinstatement

It’s against the law to operate a vehicle under the influence in all states. If you’re convicted of a standard drunk driving offense, you’ll be charged with a Class A misdemeanor.

In Oregon, it turns into a Class C felony when you’re convicted of three or more impaired driving charges within a 10-year period.

If you’ve recently acquired a DUII in Oregon and need better auto insurance, compare at least three to four policies today to find the best rates for you! Enter your ZIP code above!

DUII Laws

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– Blood Alcohol Content

The measure that’s used to determine how much alcohol has been absorbed into your blood is called Blood Alcohol Content (BAC). Your BAC can be measured using a breathalyzer test or a chemical blood test.

You’ll face charges for a DUII and could be convicted if you’re operating a motor vehicle with:

  • a BAC of .08 or higher for drivers 21 and older
  • a BAC of .01 or higher for drivers under the age of 21

– Zero Tolerance Laws

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The legal age of alcohol consumption in the state of Oregon is 21.

Even though you have to be 21 or older to consume alcohol in public, the state has a unique law in place saying that it’s legal to drink under age on private property as long as the legal guardian gives their consent. With this being said, the state has strict zero tolerance laws in place.

As a zero-tolerance state, Oregon officials can charge operators who are under 21 with a DUII even if their BAC is lower than the state limit.

If a teen driver blows even just a .02, they still fit the definition of a drunk driver because they can’t legally drink in a public place. The penalties for teens are harsh because of this no-nonsense law.

– Driving With Open Containers of Alcohol

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Oregon also has an open container law called ORS 811.170.

You are in violation of the open container law if you drink any alcoholic beverages while in a vehicle that’s being driven on a public road or if you possess an open bottle or can containing alcohol in your possession while a car is being operated.

Violations are classified as Class B traffic offenses.

– Breathalyzer Tests

If a law enforcement officer believes that you are driving under the influence of alcohol or any other intoxicants, they can stop you and ask you to submit to field sobriety tests.

Sobriety tests could consist of physical tests that assess your impairment or a breathalyzer test that measures your BAC at the scene. Breathalyzer tests are a useful tool for officers to make the right decision when deciding whether or not to take a driver into custody.

You should know that in Oregon, you have the right to refuse field sobriety tests. If you choose to do this, there could be larger penalties in the long run if you are intoxicated.

Oregon has an implied consent law, where you are required under Oregon law to submit to a chemical test of your blood or your urine to test for alcohol or intoxicants if you’re taken into custody.

If you are involved in an impaired driving accident and require medical care, the police do have the right to collect your blood sample in the hospital to test for the presence of intoxicants.

– The DUII System

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If you look at drunk driving offenses, you might think it’s odd that the charge says DUII. The extra ‘I’ isn’t a typo.

In Oregon, the state has a DUII system instead of a DUI system. DUII stands for Driving Under the Influence of Intoxicants.

Oregon uses the unique acronym of DUII to explain what is considered illegal. In the past, there was only a focus of alcohol in the drunk driving acronyms that were created.

Oregon is very specific in pointing out that it is illegal to drive under the influence of any intoxicant that impairs you, or a combination of alcohol and intoxicants.

DUII Penalties in Oregon

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You never want to learn what the penalties for driving intoxicated are. It’s best for you if you read up on the various penalties before you’re tempted to drink and drive so that you think twice.

Penalties aren’t as straightforward as you’d think. It all depends on your actions at the scene and driving history.

– Administrative Penalties

Administrative penalties are handed down from administrators at the DMV. Any penalties assessed by the DMV will be separate from the penalties given to you by the court.

The DMV will automatically suspend your license right after your arrest. The suspension periods vary:

  • Failure of a breath test – 90 days for first offense or one year for a second offense
  • Refusal to take a breath test – One year for first offense or three years for second offense
  • Refusal to take urine – One year for first offense or three years for second offense
  • Refusal to take a blood test – One year for first offense or three years for second offense
  • Failure of blood test – 90 days for first offense or one year for second offense

You will be given a temporary permit that is good for 30 days.

Within 10 days, you must ask for a DMV hearing to plead your case in hopes of preventing the suspension. Most suspensions are upheld with the DMV, but you may be able to ask for a Hardship Permit where you can drive for restricted purposes only.

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– Penalties Given By Courts

The court-ordered penalties are even worse than those handed down by the DMV. It’s not fun to lose your license, but it’s even worse to have to pay huge fines and possibly serve time in jail.

Here are the consequences of getting your first DUII:

  • A jail sentence between two days and one year or 80 hours of community service
  • A fine between $1,000 and $10,000 (minimum fine of $2000 with a BAC of .15 or higher)
  • Suspension of your license for one year
  • Requirement to install an interlock ignition device in your car for one year after license is reinstated
  • Required to complete a drug and alcohol program
  • Mandatory participation in the Victim’s Impact Panel program in Oregon

Everyone makes mistakes, but if you’re convicted of a DUII a second time within five years of your first offense, you’ll pay an even bigger price.

Not only do you have to worry about becoming a felon if you make the mistake again, but you also have to do the whole process over again from the start.

Penalties for second offenses include:

  • Up to one year in jail
  • A fine between $1500 to $10,000
  • Suspension of your license for three years
  • Installation of an ignition interlock device for two years after suspension
  • Mandatory completion of Drug and alcohol treatment program
  • Mandatory participation in a Victim’s Impact Panel program

Points System

Most states have points systems in place to determine if someone should still be able to hold their driving privilege when they have multiple infractions. If you exceed the allowed points within a stated time period, your license will be suspended.

Oregon’s points system is unique. It’s called the Driver Improvement Program and is completely violation-based. Not every infraction will lead to points.

Here are the point limits based on your age and your driving experience:

  • Drivers with three or more infractions and/or accidents within an 18-month period is prohibited from driving between midnight and 5 am
  • Drivers with four or more infractions and/or accidents within 24 months will serve a suspension of 30 days
  • Drivers under 18 who have two or more infractions and/or accidents will have their license suspended for 90 days

Revocation and Suspension

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A license suspension does take away your driving privilege, but there’s still a possibility to get a permit to drive for employment purposes.

Your license is revoked if you have three or more DUII convictions in a span of five years.

You can also face revocation if you have a combination of three or more of the following infractions:

  • Reckless driving
  • Manslaughter or criminally negligent homicide resulting from driving a vehicle
  • Driving with a suspended license
  • Fleeing or eluding a police officer
  • Fleeing the scene of an accident
  • Being convicted of 20 or more violations in the last five years

Suspensions aren’t as serious as revocations, but they can still affect your driving record when you’re securing insurance in the future. Some of the reasons that your license can be suspended in Oregon include:

Some of the reasons that your license can be suspended in Oregon include:

  • Failure to Appear
  • Failure to Pay Child Support
  • DUII
  • Court Denial

– How to Reinstate Your License

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If you want your driving privilege back and your license is suspended, you may be eligible to reinstate your license once the mandatory period has passed. Having the suspension on your record will still affect your insurance premiums. 

You will also need to do the following to become officially licensed once again:

  • Payment of your reinstatement fee
  • Ask your insurer for an SR-22 to report with the DMV
  • Present proof that you have completed the Alcohol Safety Action Program

— DUII Precautions

Oregon legislation has been set into place to help and avoid how many offenders drive under the influence a second, third, or even fourth time.

These precautions help to deter people from drunk driving and also help educate people on the dangers.

Oregon’s laws require the following:

  • Installation of an ignition interlock device for a year after your license in reinstated
  • Completion of a mandatory Alcohol Safety Action Program to educate you on the dangers of drinking and driving and to offer some counseling

Insuring a DUII Offender in Oregon

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It’s not easy to find affordable insurance when you have a DUII on your record. It will be your job to shop for insurance from a carrier that sells insurance to high-risk drivers, even if you are free of other tickets and accidents.

Make sure that you keep your record clear of any infractions in the future and ask for discounts to keep your premiums as low as possible.

The only way you can effectively shop the entire marketplace is to use an online rate comparison tool.

This tool will give you the power to see what all of the insurers in Oregon are charging drivers with DUII convictions. Get personal rate quotes today and start budgeting.

Try our FREE online quote tool today and start comparison shopping for better rates! Enter your ZIP code below to begin!

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