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Frequently Asked Questions about DUI in Oregon

What can a police officer stop a suspect for DUI?

A police officer may lawfully stop a vehicle in Oregon if he or she has reasonable grounds to do so. According to Oregon law, an officer who arrests someone for driving while under the influence of intoxicants must submit a report explaining what reasonable grounds the officer had for believing the driver was under the influence of intoxicants. Erratic driving, excessive speeding, or any unusual behavior may be considered reasonable grounds for an officer to stop a driver. No vehicle can be stopped by police without reasonable suspicion or probable cause of a traffic offense or crime.

Can a DUI conviction be expunged in Oregon?

A DUII conviction in Oregon cannot be expunged.

What is the law for underage drinking and driving in Oregon?

There is zero tolerance in Oregon for any blood alcohol level when a driver is under the age of 21. Therefore, a person who is under the age of 21 commits the offense of driving under the influence of intoxicants if he or she has any alcohol in the blood at all. If the person is under 18, the person will be subject to charges in a juvenile court. Drivers between the ages of 18 and 21 will face the same penalties for DUII that an older adult would.

Can a person receive a DUI for being on drugs?

A person can still be charged with DUII in Oregon if the person is impaired by prescription drugs. Although a person may be taking prescription drugs for a particular condition, the prescription drugs can still hurt a person’s ability to operate a vehicle. This is why someone can still be charged with DUII, even in the case of impairment caused by prescription drugs.

Can you receive a DUI in Oregon if the vehicle was not moving?

A person in Oregon can be stopped and arrested for DUII even if the vehicle is not moving. This applies as long as the vehicle is on public premises or a highway in Oregon. An arresting officer still must have reasonable grounds for the stop and the arrest.

Can an individual refuse a breath or chemical test?

Anyone who operates a vehicle on public premises or the highways of Oregon is said to have given implied consent to breath tests, blood tests, urine tests, and field sobriety tests. A person has the right to refuse any of these tests. An officer must inform the person of the consequences of refusing the test. If a person refuses a test, the refusal may be offered as evidence against the person in any criminal or civil action arising out of an allegation of driving while under the influence of intoxicants. Therefore, a person does not have to give a blood or urine sample. Also, a person does not have to a field sobriety tests. However, any refusal may be offered against the person as evidence.

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