• State Penal Code – OVC Chapter 813
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – None
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– 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

• In Oregon the lookback period is 10 years
• Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• 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

• 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

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

• In Oregon, a charge of Aggravated DUI/DWI will result in fines being elevated to a $2000 minimum

• 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

• 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 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 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