To avoid an DUII in Oregon, you should know at least five things.

I. DUII in Oregon

Driving under the influence of intoxicants is known as DUII in Oregon. The influence can be from alcohol and/or drugs.

A blood alcohol concentration (BAC) of 0.08% or more is DUII. For commercial drivers, it’s 0.04. And for drivers under 21, including adults 18 through 20, any measurable alcohol is DUII.

Virtually all other states set the illegal level at 0.02% for these young drivers. States do this is for several reasons. One is that alcohol breath testers are not reliable. In fact, they don’t actually measure alcohol. That requires direct analysis of blood itself. The devices only estimate it.

Another reason is that many medications and foods contain alcohol. For example, even baked goods such as bread have alcohol. A third reason is that everyone produces alcohol in their bodies 24/7.

So setting the illegal limit at 0.02% reduces the chances of convicting innocent young people.

Drivers can also be arrested for DUII even if their BAC level is below the legal limit. Or even if it’s 0.00%. An officer may arrest a driver with signs of impairment consistent with driving under the influence.

Unfortunately, many conditions, both medical and non-medical, mimic signs of intoxication. For example, if their sugar level is wrong, diabetics slur their words. They stumble, are disoriented, etc. Also, fatigue can lead to signs of being under the influence. And the list goes on and on.

Fortunately, when people are arrested for most crimes, they don’t suffer any penalties unless they’re convicted. But a driver arrested for DUII, even if found innocent, is still penalized with license suspension and fees.

II. Penalties

The exact penalties for DUII in New Mexico vary. They include such things as

• 

  Driver’s age.

• Type of license.
• Estimated BAC.
• Any prior DWIs.
• Ages of any occupants in the vehicle.
• Any consequences of the DWI.
• Effectiveness of the driver’s attorney.
• Driver characteristics (demeanor in court, race, socio-economic status, etc.)
• The specific judge hearing the case.

Nevertheless, the state sets clear guidelines.

First DUII Offense

• Two days to one year imprisonment.
• $1,000 to $2,000 fine. Also court costs.
• $255 conviction fee.
• One year license suspension. This is required even if innocent.
• At end of license suspension an ignition interlock device (IID) required on vehicle for one year. The IID prevents the vehicle from starting if alcohol is in driver’s breath. Learn more about ignition interlock devices. The offender must pay for its  installation, maintenance, and monitoring.
• Required substance abuse screening. Offender must pay $150 cost.
• Mandated completion of any treatment program recommended by screener. Offender usually must pay the cost.
• Offender must pay cost of attending victim impact program.
• May not enter any bar or tavern.
• Prohibited from possessing or consuming any alcohol.
• Must be on probation for 18 to 36 months.
• $2,000 to $6,250 fine if BAC was 0.15% or higher..
• Fine up to $10,000 if a non-adult passenger (that is, one 18 through 20) was in vehicle.

Second DUII Offense within Five Years

• Ten to sixty days imprisonment.
• $1,500 to $3,500 fine. Also court costs.
• $255 conviction fee.
• Three year license suspension. Even if innocent.
• At end of license suspension an ignition interlock device (IID) required on vehicle for two years. Offender must pay for its installation, maintenance, and monitoring.
• Required substance abuse screening. Offender must pay $150 cost.
• Mandated completion of any treatment program recommended by screener. Offender usually must pay the cost.
• Offender must pay cost of attending victim impact program.
• May not enter any bar or tavern.
• Prohibited from possessing or consuming any alcohol.
• Must be on probation for 24 to 36 months.
• $2,000 to $6,250 fine if BAC was 0.15% or higher..
• Fine up to $10,000 if a minor passenger was in vehicle.

Third DUII Offense within Five Years

• 

  Two day to one year imprisonment.

• $2,000 to $4,000 fine. Also court costs.
• $255 conviction fee.
• Three year license suspension. Even if innocent.
• At end of license suspension an ignition interlock device (IID) required on vehicle for two years. Offender must pay for its installation, maintenance, and monitoring.
• Required substance abuse screening. Offender must pay $150 cost.
• Mandated completion of any treatment program recommended by screener. Offender usually must pay the cost.
• Offender must pay cost of attending victim impact program.
• Prohibited from possessing or consuming any alcohol.
• May not enter any bar or tavern.
• Must be on probation for 36 to 60 months.
• Fine up to $10,000 if a minor passenger was in vehicle.  
  Oregon specifically prohibits plea bargaining a DUII down to a lesser offense.

Fourth DUII Offense within Ten Years

• Up to five years imprisonment.
• Fine up to $12,500.
• Permanent license revocation.
• Additional fine up to $10,000 if a minor passenger was in vehicle.

Commercial Drivers

The penalty for a first DUII is commercial license suspension for one year. If transporting hazardous materials while DUII, the suspension is for at least three years. A second DUII automatically results in permanent commercial license revocation.

Drivers Under 18

The penalty for a first DUII results in license suspension for one year. Or until driver turns 17, whichever is longer. A second DUII results in another one-year suspension or until driver turns 18, whichever is longer.

III. The Costs

Legal Defense

Being charged with an DUII is expensive. Unfortunately, this is true even if you’re innocent. Of course, it’s even more expensive if you’re judged guilty.

The cost of a legal defense against DUII varies greatly. The complexity of cases differs widely. A first-time offense generally costs less because it takes less time to defend than that of a repeat offense. A case involving a crash causing injury or death is even more complex. As is one in which the offender had a small child in the vehicle.

It’s wise to select an experienced lawyer who specializes in DUII defense. The knowledge and experience of such a lawyer is invaluable.

Clearly, simply asking lawyers how much they charge per hour isn’t of great help. It’s like asking tailors how much thy charge to make a suit.

Other Costs

There are a number of other costs. They may include fines, court costs, property damage, medical expenses, possible loss of employment, increased insurance rates, and other expenses. The total can be high. It can easily be more than lawyer fees and expenses. Therefore, the total cost of an OWI can easily be tens of thousands of dollars.

In addition, there are non-money costs as well. They may include pain and suffering, feelings of guilt, embarrassment, driving license suspension, loss of friendships, and many others.

Knowing the high costs of an DUII can help us try to avoid them. It’s a great motivation.

IV. Field Sobriety Tests

All states require drivers to submit to alcohol breath estimators, although they’re unreliable. However, not a single state requires drivers to take any field sobriety test.

Field sobriety tests are lack validity. In fact, about one-third of completely sober people (0.00% BAC) fail them. And that’s under ideal conditions. Obviously, taking one on an uneven highway shoulder after being pulled over and being very nervous is far from ideal. So the failure rate in the real world is much higher

Understandably, lawyers strongly urge drivers never to submit to any field sobriety test. On the other hand, officers try to get drivers to take the invalid tests. They may insist the law requires it. It does not. Or say that it will help you. It will not.

An officer who pulls over a driver for suspected DUII is conducting a criminal investigation. The officer may legally lie to you. Remember that if you are a suspect in a crime, the police officer is your adversary. The officer is gathering evidence to support a conviction.

Discover much more about field sobriety tests. Also, learn What to Do if Pulled Over by police.

V. Avoid Arrest

Obviously, a sure way to avoid an DUII is by not drinking alcohol. Another choice is to use a Designated Driver or use public transportation.

Most drivers enjoy drinking alcohol, at least on occasion. They may lack a Designated Driver or access to public transportation. So how can drivers drink before driving, yet avoid arrest? The answer is simple. Maintain a low BAC.

These guidelines can help keep a low BAC.

• 

  Remember that standard drinks of beer, wine and spirits have equivalent amounts of pure alcohol.

• Have no more than one standard drink per hour. Preferably less.
• Avoid non-standard drinks. This makes it easier to keep track of alcohol intake.
• Eat and snack while drinking. This is very important!
• Have a non-alcoholic drink between alcoholic ones.
• Accept an alcoholic drink only when it fits your consumption schedule.
• Avoid any drinking game or contest.

Arrested for DUII in Oregon?

If you’re arrested for DUII in Oregon, immediately contact a lawyer who specializes in drinking and driving defense. Remember, you wouldn’t want your family doctor to do brain surgery. You need a specialist in either case.

The Oregon State Bar (lawyer) Association offers a free lawyer referral service. It provides lawyers by specialty and region on a rotating basis. In addition, Martindale-Hubbard provides a free on-line database with lawyers by specialty, region, and both peer  and client reviews.

Don’t rely on this or any other site for legal information.

Resources

Brezina, C. I’ve Gotten a DWI/DUI, Now What? NY: Rosen, 2016.

CDC. Teen Drinking and Driving. Atlanta: 2012. (website)

___. Impaired Driving. Washington: 2018. (website)

Gillespie, L. Police Encounters. Know Your Rights. Gillespie, 2014.

Hudson, T. The Drinker’s Guide to Driving: The Secrets of DUI, From One of America’s Top DUI Lawyers. Cork: BookBaby, 2013.

Keech, C. & Fairchild, C. Dude, What are My Rights? Kansas City, MO: Keechild, 2014.

Lauterjung, L. DUI law for Drivers. How to Avoid DUI Arrests and How to Handle a DUI Stop. Lauterjung, 2012.

Nevels, T. Avoid DWI and Marijuana Charges. Cork: BookBaby, 2015.

NHTSA. Drunk Driving. Washington: 2018. (website)

Sagsletter, R. Rights During a Police Stop / DUI in the United States. What Officers Can and Cannot Do. Denver, CO: Outskirts, 2012.

Note: What’s called DUII in Oregon other states often call DUI or DWI.