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 percent or higher. For drivers under 21 years of age, 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:
- For failure of a breath test, DMV suspends driving privileges for 90 days, and for one year if you have any prior alcohol-related offenses in the last five years.
- For refusal to take a breath test, DMV suspends driving privileges for a year, and for three years if you have prior alcohol-related offenses in the last five years.
- For refusal to take a urine test, DMV will suspend driving privileges for one year, of for three years with prior alcohol-related offenses.
- For refusal to take a blood test while receiving medical care after a collision, DMV will suspend driving privileges for 90 days, and for one year if you have prior alcohol-related offenses in the last five years.
- For failure of a blood test for DUII while receiving medical care after a collision, DMV will suspend driving privileges for 90 days, and for a year with prior alcohol-related offenses.
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 driving privileges for five years for drivers convicted of three or more of these convictions during a five-year time frame:
- Murder, manslaughter, criminally negligent homicide, assault, reckless endangerment of another, menacing, criminal mischief related to operation of a vehicle.
- Driving while privileges are suspended or revoked.
- Reckless driving.
- Failure to act responsibly after a collision.
- Fleeing, attempting to evade law enforcement.
- Numerous tickets, specifically 20 during a five-year time frame.
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