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  • DUI & DWI in Oregon

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    Driving under the influence of intoxicants (DUII) such as alcohol, a crime in Oregon, endangers the lives of innocent children, women, and men who share the road.

    Oregon motorists may be charged with DUII if driving a vehicle under the influence of intoxicating liquor and/or other controlled substance.

    Oregon is also governed by implied consent, meaning that a driver automatically consents to blood, breath, or urine test when driving a vehicle. Refusal to take such a test can be used as evidence in court, and suspension from implied consent is separate from suspension that results from DUII conviction.

    Motorists will fail a DUII field test if their blood alcohol reading is 0.08% or higher. For drivers under 21 years old, any amount of alcohol in the bloodstream constitutes a failure of the sobriety test.

    Drivers who fail a DUII test and have their Oregon driver license with them will have it confiscated. The arresting officer will issue a temporary permit for 30 days, after which suspension is in effect and the temporary permit is invalid.

    The length of suspension from the Oregon Department of Motor Vehicles (DMV) for DUII arrests varies as follows:

    • Failure of a breath test:
      • 90 days, OR
      • 1 year if you have any prior alcohol-related offenses in the last 5 years.
    • Refusal to take a breath test:
      • 1 year, OR
      • 3 years if you have prior alcohol-related offenses in the last 5 years.
    • Refusal to take a urine test:
      • 1 year, OR
      • 3 years with prior alcohol-related offenses in the last 5 years.
        • This suspension will not begin until any other implied consent suspensions have ended.
    • Refusal to take a blood test while receiving medical care after a collision:
      • 1 year, OR
      • 3 years if you have prior alcohol-related offenses in the last 5 years.
    • Failure of a blood test for DUII while receiving medical care after a collision:
      • 90 days, OR
      • 1 year with prior alcohol-related offenses.
        • This suspension will not begin until the 60th day after it was reported to the DMV that you refused the test.

    Oregon drivers convicted of DUII who still have driving privileges are required to return any license in their possession to the DMV when a suspension begins.

    The Oregon DMV may also suspend driving privileges for DUII or related conviction in another state.

    Suspension times also vary for DUII while driving a commercial vehicle.

    Ignition Interlock Devices

    Oregon may require an ignition interlock device (IID) for DUII-convicted motorists who are driving with either a hardship permit or after suspension is over. The IID, a computerized breath analyzer, works with a vehicle's ignition and prevents the vehicle from starting if the driver's breath has an illegal alcohol content.

    The IID is also required for those convicted of DUII in Oregon to fully reinstate driving privileges after suspension.

    The Oregon DMV will revoke your driving privileges for 5 years if you sustain 3 convictions or more within 5 years for any of the following offenses:

    • Murder, manslaughter, criminally negligent homicide, assault, reckless endangerment of another, menacing, criminal mischief related to operation of a vehicle.
    • DUII.
    • Driving while privileges are suspended or revoked.
    • Reckless driving.
    • Failure to act responsibly after a collision.
    • Fleeing, attempting to evade law enforcement.
    • 20 traffic violations or more within 5 years.
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