Oregon DUI/DWI Laws
Quick Overview of Penalties for DUI/DWI
- BAC Percentage for Increased (Aggravated) Penalty – .15
- License Suspension for 1st Offense – Yes
- Limited Driving Privileges During Suspension – Yes
- Ignition Interlock – Mandatory for all convictions
- Vehicle and License Plate Sanctions – None
General State Information
- State Penal Code – OVC Chapter 813
- Open Container Laws – Yes
- Repeat Offender Laws – Yes
- Check Points – None
- Alcohol Exclusion Laws Limiting Treatment – None
Understanding DUI/DWI Penalties
There are four main factors that determine the severity of the penalties incurred:
- The age of the driver
- The substance impairing you. This may be drugs, or alcohol, or both
- The category of your driver’s license (Restricted, CDL)
- Whether you refused a chemical test
Chemical Test Refusal
– Every state has some version of the “Implied Consent” law
– This law carries serious consequences for refusing a chemical test
– The penalties for refusing a chemical test in Oregon are:
1st Refusal
- 1 year license suspension
- $500 – $1000 fine
2nd Refusal
- 3 year license suspension
- $500 – $1000
3rd Refusal
- 3 year license suspension
- $500 – $1000 fine
Lookback Period
- In Oregon the lookback period is 10 years
- Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties
Zero Tolerance
- Drivers under 21 with a BAC of .00% or more will be charged with DUI/DWI
- A BAC of .08% and above will result in the same penalties as drivers 21 and over
Penalties for Underage Drivers (under 21)
- Drivers under 18 will be tried in juvenile court with penalties being decided by a judge
- All others are subject to regular DUI/DWI penalties at the discretion of the judge
DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)
1st Offense
- 1 year license suspension
- $1000 – $2000 fine
- Prison (2 day minimum, 1 year maximum)
- you will be required to attend a state approved alcohol evaluation program
- Installation of Ignition Interlock Device
2nd Offense
- 3 year license suspension
- $1500 – $3500 fine
- Prison (8 day minimum)
- you will be required to attend a state approved alcohol evaluation program
- Installation of Ignition Interlock Device
DUI/DWI Penalties/Alcohol/Drug related (Aggravated)
- In Oregon, a charge of Aggravated DUI/DWI will result in fines being elevated to a $2000 minimum
DUII Diversion Program
- This is a special state sponsored program for first time offenders
- In order to qualify you must meet certain criteria
- You must have no prior convictions or charges pending, and you must not be participating in any other drug or alcohol program
- If your infraction caused any kind of bodily injury to another you will be disqualified
- Should you meet all the conditions and complete the program, your DUI/DWI charge will be dismissed
CDL Drivers (Commercial)
- Those with a commercial driver’s license (CDL) are held to a stricter standard
- The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
- An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
- A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL
SR-22 Insurance Requirements
- SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
- Most, but not all states have SR-22 statutes
- In Oregon an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
- You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
- Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked
Wet Reckless
- Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
- Oregon does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply