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Oregon DUI Laws

There are three ways that a person can commit the offense of driving under the influence of intoxicants. The first is by having .08 percent or more by weight of alcohol in the blood. This may be shown by chemical analysis of the breath or blood of the person. The second way a person commits a DUII is if he drives a vehicle while under the influence of an intoxicating liquor, a controlled substance, or an inhalant. The third way the offense may be committed is if a person is under the influence of any combination of intoxicating liquor, an inhalant, and a controlled substance.

BAC, or Blood Alcohol Content, measures the amount of alcohol that is present in a person’s blood. The percent by weight of alcohol in the blood is based upon grams of alcohol per one hundred cubic centimeters of blood. A percentage of .08 or more constitutes being under the influence of intoxicating liquor. For the driver of a commercial vehicle, a BAC of .04 or more constitutes being under the influence of intoxicating liquor. Any amount of alcohol in the blood will be sufficient in the case of a driver that is under the age of 21.

You can be arrested in Oregon for driving under the influence of intoxicants any time that an intoxicant influences your driving ability. If the blood alcohol level is .08% or higher, then a person may be arrested regardless of how he or she was driving. For drivers of commercial vehicles, the BAC need only be .04% or higher. There is no tolerance for any blood alcohol level for those under the age of 21. A police officer who has reasonable grounds to arrest someone for DUII may do so. Therefore, it is not necessary that a person have a specific blood alcohol level to be arrested for DUII in the state of Oregon.

Any person who operates a vehicle on public roads or highways in Oregon is considered to have given their implied consent to a chemical test of the person’s breath, or of the person’s blood if he is receiving medical care immediately after the accident, for the purpose of determining the alcoholic content of the blood if the person is arrested for DUII. If a person refuses a test or fails, evidence of the refusal or failure may be used against the person. A police officer who sees someone driving erratically or has reasonable grounds to do so can arrest someone for DUII. The officer will request that the driver perform sobriety tests to see if driving ability has been impaired.

Driving under the influence of intoxicants in Oregon is a Class A misdemeanor and is punishable by a maximum jail term of one year. Driving under the influence of intoxicants in Oregon is a Class C felony if the person has, at least three times in the 10 years prior to the date of the current offense, been convicted of or in the jurisdiction of the juvenile court for driving under the influence of intoxicants in Oregon or another jurisdiction. The DUII would apply to any combination of these offenses and applies to people that were operating a boat, aircraft, or vehicle. A Class C felony has a maximum prison term of 5 years.

A person commits the offense of driving under the influence of intoxicants when he or she has a blood alcohol level of .08 percent or more or is under the influence of intoxicating liquor, a controlled substance, or an inhalant. A person that is under the influence of any combination of intoxicating liquor, an inhalant, and a controlled substance commits the offense of driving under the influence of intoxicants.  For a person to be convicted of DUII, it must be pleaded in the accusatory instrument, proved at trial, or admitted through a guilty plea. Otherwise, there can be no conviction. After conviction, a court will order the offender to pay a $130 fee and any fine it imposes, complete a treatment program, and serve at least 48 hours of imprisonment. Instead of requiring imprisonment, the court may order community service be performed. If imprisonment is ordered, the imprisonment may be served in jail, minimum security facilities, or inpatient rehabilitation and treatment centers.


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