DUI & DWI in Oregon

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Oregon, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.00%  – for drivers under 21 years of age

Having a license in the state of Oregon automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year to 3 years. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

• A first offense is treated as a Class A Misdemeanor. If convicted for a first offense:
• Your license will be revoked for 90 days.
• You will face a jail term of up to one year.
• You will be fined a minimum of $1,000 up to a maximum of $6,250.
• You may be eligible to drive using a hardship or probationary permit. This allows you to drive to and from work, to and from alcohol or drug treatment, or to seek employment. To find out more about the permit, call (503) 945-5400.

(within 5 years)

• Your license will be revoked for 1 year.
• You will face a jail term of up to 1 year.
• You will be fined a minimum of $1,500 up to a maximum of $6,250.
• You may be eligible to drive using a hardship or probationary permit. This allows you to drive to and from work, to and from alcohol or drug treatment, or to seek employment. To find out more about the permit, call (503) 945-5400.

(within 5 years)

• Your license will be revoked for 3 years.
• You will face a jail term of up to 1 year.
• You will be fined a minimum of $2,000 up to a maximum of $6,250.
• You may be eligible to drive using a hardship or probationary permit. This allows you to drive to and from work, to and from alcohol or drug treatment, or to seek employment. To find out more about the permit, call (503) 945-5400.

(within 10 years)

• This is a Class C Felony.
• Your license will be permanently revoked.
• You will face a jail term of up to 5 years.
• You will be fined up to a maximum of $125,000.

In addition to the above penalties, if you commit a DUI offense while a passenger under the age of 18 and at least 3 years younger than the driver is in the vehicle, the maximum fine is increased to $10,000.

• Oregon has a “zero policy” against drivers under the age of 21. Any amount of alcohol in the bloodstream is cause for a DUI conviction.
• A driver under the age of 18 is subject to punishment in a juvenile court.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• If you drive a commercial vehicle and hold a commercial driver license (CDL):
• If you are convicted for your BAC being higher than 0.04%, you will be barred from driving for at least 1 year.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

Under Oregon law, if you are arrested for DUI/ DWI, the arresting officer will confiscate your driver license and issue a temporary 30-day driving permit, after which your license suspension comes into effect and the temporary permit is invalid. You may request a hearing and it is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.

The steps you need to follow to reinstate your license following a suspension depend on several factors, including the reasons for suspension and any other violations on your record. Following your license reinstatement after suspension or revocation because of a DUI offense, you will be required to have an ignition interlock device fitted to any vehicle you will drive for a period of 6 months.

To find out exactly your requirements are, contact the Department of Transportation by calling (503) 945-5400 or licensing or writing to:

DMV Driver Suspension Unit

1905 Lana Ave. NE

Salem, OR 97314

In all cases you will need to pay a reinstatement fee of $75 and possibly other fees if, for example, if your license has expired during the suspension period.