First Offense DUII in Oregon

Oregon's DUII law prohibits the use of a vehicle while under the influence of intoxicants. The official term for impaired driving in Oregon is DUII (Driving Under the Influence of Intoxicants). DUII is an offense that involves operating a vehicle while intoxicated by alcohol, drugs, inhalants, or a combination of intoxicants.

Oregon Revised Statutes (ORS) Chapter 813, Section 010 outlines the criteria and penalties for DUII offenses. These statutes ensure that penalties increase with the severity of the offense, serve as a deterrent to repeat violations, and improve public safety. A first-time Oregon DUII violation may have significant legal, financial, and personal consequences.

What Qualifies as a First DUII in Oregon?

An individual is guilty of committing a first DUII offense in Oregon if they have no previous DUII convictions, did not participate in a DUII Diversion Program within the past 15 years, is not operating a commercial vehicle or carry a commercial driver's license at the time of the offense, or have not been involved in an incident resulting in bodily injury or death.

In Oregon, the legal Blood Alcohol Concentration (BAC) limit for adult drivers aged 21 years and above is 0.08%. However, it is 0.01% for drivers under 21 years old and 0.04% for commercial drivers.

Law enforcement officers in Oregon determine impairment and justify a DUII arrest through a combination of breathalyzer results, field sobriety tests, observations of behavioral and subjective signs, and Drug Recognition Evaluation.

Possible Penalties for a First Offense DUII in Oregon

In Oregon, a first DUII offense is a Class A misdemeanor; the penalties include:

• Jail time for a minimum of 48 hours or 80 hours of community service
• A minimum fine of $1,000.00. This may increase to $2,000.00 if the BAC is 0.15% or above. There is also a maximum fine of $10,000 for a minor passenger at least three years younger than the driver present in the vehicle at the time of the offense
• License suspension for one year
• Installation of Ignition Interlock Device (IID) for one year after license suspension
• Probation that ranges from 18 to 36 months
• Mandatory participation and completion of the Oregon DUII diversion program.

Do You Lose Your License for a First DUII in Oregon?

A first-time DUII offense may lead to automatic license suspension in Oregon through the State's administrative and criminal processes. Following an arrest, the Department of Motor Vehicles (DMV) may impose an administrative suspension if the individual fails to submit to a chemical test.

For a first DUII offense with a (BAC ≥ 0.08%) test failure, the license suspension is 90 days, and a 1-year license suspension if the offender refuses to take a chemical test. The suspension is automatic unless the offender requests a DMV hearing within 10 days to contest it. In addition to administrative suspension, the court may issue a 1-year license suspension upon conviction for a first DUII offense.

During the suspension period, Eligible first-time DUII offenders in Oregon may apply for a hardship permit through the state's DMV, provide an SR-22 insurance certificate, install an Ignition Interlock Device (IID), and pay applicable fees. Additionally, hardship permits are only available for non-commercial licenses.

What Is the Implied Consent Law in Oregon and How Does It Affect First DUII Cases?

The Oregon Implied Consent Law, stipulated in Chapter 813, Section 100 of the Oregon Revised Statutes, implies that by driving a vehicle on public roads, the driver automatically consents to chemical tests such as breath, blood, or urine after a lawful DUII arrest.

Refusal to take the test may significantly affect first-time DUII cases; the consequences include:

• One-year license suspension
• A minimum fine of $1,000
• Admissible evidence for court prosecution
• Ineligibility for a diversion program (which is a common way to avoid a conviction for a first-time DUII).

This law encourages drivers' compliance with chemical testing, and test results also serve as reliable evidence in courts. However, individuals have the right to challenge a refusal through a hearing request with the Oregon DMV within 10 days of the arrest or notice of suspension.

Is an Ignition Interlock Device Required for a First DUII Offense in Oregon?

Yes, Oregon law mandates the installation of an Ignition Interlock Device (IID) after a first DUII conviction with few exceptions. A one-year IID installation is compulsory upon license reinstatement for first-time offenders regardless of BAC level, refusal to submit to testing, participation in diversion programs, or other aggravating factors. In addition, persons who apply for hardship permits must install an IID for the full term of the hardship permit.

However, Oregon law also provides limited exceptions to IID requirements to persons who qualify for medical waivers and those operating employer-owned vehicles. In Oregon, the financial burden of installing and maintaining the IID falls on the DUII offender. Oregon residents enrolled in the Supplemental Nutrition Assistance Program (SNAP) benefits may qualify for financial assistance to install an ignition interlock device.

Can a First DUII Be Dismissed or Reduced in Oregon?

Per ORS 813.170, an individual charged with DUI cannot plead guilty or no contest to a lesser offense in exchange for dismissal of the DUI charge. This means that Oregon law prohibits plea bargaining for DUI charges. However, there is a provision for eligible first-time offenders to participate in the state's DUI Diversion Program, which, upon successful completion, may result in the dismissal of the DUI charges.

Also, prosecutors in Oregon may dismiss charges if there are significant legal issues with the case, such as a lack of probable cause and unlawful procurement of evidence.

Long-Term Consequences of a First DUII

A DUII conviction in Oregon stays on a criminal record permanently and is not eligible for expungement under Oregon law. However, a DUII conviction may remain on an individual's driving record for 55 years. In Oregon, having a DUII conviction may negatively affect employment opportunities (for jobs requiring clean driving records), driving privileges, educational prospects, car insurance premiums, and personal reputation. In addition to legal and professional repercussions, individuals may experience social stigma.

Do You Need a DUII Attorney in Oregon?

Generally, it is not a legal requirement to hire a DUII attorney in Oregon. However, without legal representation, an individual may miss opportunities to lessen the long-term consequences of a conviction. A DUII conviction in Oregon may lead to jail time, license suspension, fines, ignition interlock requirements, and a permanent criminal record. An experienced Oregon DUII attorney may help fully protect the client's constitutional rights, challenge flawed evidence, and negotiate minimal penalties.