This page will help you understand Oregon alcohol laws and avoid expensive fines or even jail. Of course, there’s the wasted time and embarrassment.
The first thing to remember is that alcohol laws differ across the country. In fact, they even vary within each state. So it’s easy to think that Oregon alcohol laws are the same as those elsewhere. This can be a very big mistake. Keep in mind that not knowing a law is no defense.
OVERVIEW
- Minimum Age Laws
- Other Alcohol Laws
- Resources
- Legal Advice
I. Minimum Age Alcohol Laws Oregon
Many young people want part-time jobs. There are many in hospitality. What age is needed for selling alcohol to drink elsewhere? Can I work in a restaurant serving alcohol if I’m 17? My son is 18 years old. Is he old enough to work as a bartender? People want answers. So we provide facts.
Oregon alcohol laws permit adults to work as an alcohol server or as a bartender. They may also work in a store that sells alcohol to drink off-site. Of course, an adult is anyone 18 or older.
Persons of any age under 21 may drink in a residence. A parent or guardian must be present. But the laws are confusing. They prohibit “personal possession” of alcohol by those under 21. And they prohibit “consumption of a bottle of such beverages, or any portion thereof or a drink of such beverages.” But how people may legally drink but not legally drink is unclear.
It is illegal for those under 21 to buy alcohol. Or to try to buy it. A parent or guardian must give the beverage to them. But those under 21 may buy alcohol to help police entrap clerks and servers.
Finally, it’s illegal for those under 21 to drive with any measurable alcohol in their bodies.
II. Other Oregon Alcohol Laws
A. Selling Alcohol
Oregon has a government monopoly over the sale of packaged distilled spirits. That’s often called liquor.
Oregon alcohol laws permit the sale of alcohol for on- or off-site drinking. Retailers may sell beer, wine, or spirits between 7 a.m. and 2:30 a.m. every day.
It’s illegal to sell alcohol to anyone under age 21. A first offense brings jail of up to one year and/or a fine of $500 to $6,250. Another gets jail of up to one year and/or a fine of $1,000 to $6,250. A third triggers jail of at least 30 days. The same penalties apply to selling alcohol to a visibly intoxicated person.
The use of a false ID is a crime. As a result, alcohol sellers may confiscate false IDs. In addition, retailers may sue anyone who uses a false ID to buy alcohol. They also may recover losses they have from making the illegal sale.
Retailers face liability for injuries or damage caused by serving alcohol to intoxicated people who then cause a crash.
B. Buying Alcohol
It’s illegal for anyone under 21 to buy alcohol. Even attempting to buy it is illegal.
Only people 21 or older may enter a retail alcohol store, unless with a parent or spouse at least 21.
It’s illegal to give alcohol to anyone who is under 21 or visibly intoxicated. A first offense brings jail of up to one year and/or a fine of $500 to $6,250. The second gets jail of up to one year and/or a fine of $1,000 to $6,250. A third triggers jail of at least 30 days. The same penalties apply to selling alcohol to a visibly intoxicated person.
Social hosts also face liability for injuries or damage caused by serving alcohol to those under 21. If the underage (even if adult) then cause a crash, those who suffered harm can sue the social host. Again, the same is true of serving alcohol to intoxicated people.
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C. Driving: DUII
It’s a crime under Oregon alcohol laws to drive under the influence of intoxicants (DUII). That is, the influence can be from alcohol and/or drugs.
A blood alcohol concentration (BAC) of 0.08% or higher is illegal. For commercial drivers, it’s 0.04%. And for drivers under 21, any measurable alcohol is DUII.
Virtually all other states set the limit for those under 21 at 0.02%. This is for several reasons. One is that alcohol breath testers are not reliable. They don’t actually measure alcohol. The devices only estimate it. And they do this indirectly.
Another is that many meds and some foods contain alcohol. For example, bread. A third reason is that every person produces alcohol in their bodies 24/7. That includes everyone under age 21. So setting the limit at 0.02% reduces the chances of convicting innocent people.
BAC Under Legal Limit
Drivers can also be arrested for DUII even if their BAC level is below the legal limit. All it takes is for a driver to appear to be under the influence. Of course, that’s highly subjective.
But many medical and non-medical conditions mimic signs of intoxication. For example, under some conditions diabetics slur their words. They stumble, lose their orientation, etc. So it’s wise to carry a note from a doctor in the car.
Fatigue can also lead to signs of being under the influence. So can eating a low carb diet. And the list goes on and on.
When police arrest people for most crimes, they don’t suffer any penalties unless a court convicts them. But a driver under arrest for DUII, even if innocent, still suffers penalties. There’s both license suspension and fees to pay.
Oregon alcohol laws prevent plea bargaining a DUII down to a lesser offense. A DUII is generally a “first offense” if a driver hasn’t had one in the past five years.
First Offense
Ignition Interlock Device (IID)- Jail for two days to one year.
- License suspension for one year (even if innocent).
- Ignition interlock device (IID) installed on vehicle for one year at end of license suspension. An IID prevents the vehicle from starting if there is alcohol in driver’s breath. Of course, the offender must pay the installation, maintenance, and monitoring costs.
- Fine of $1,000 to $2,000 plus court costs.
- Conviction fee of $255.
- Substance abuse screening at a cost to offender of $150.
- Completion of any treatment program recommended by screener. Generally, this is at the offender’s cost.
- Prohibited from entering bars or taverns.
- Attendance at victim impact program. That’s at the cost of the offender.
- Prohibited from possessing or drinking alcohol.
- Probation for 18 to 36 months.
- For a BAC of 0.15% or higher, the fine is $2,000 to $6,250.
- With a passenger under 18 and driver at least three years older, the fine is up to $10,000.
Second Offense
License suspension for one to three years. It’s three years if this is second DUII in five years. (Suspensions even if driver is innocent.)- IID on vehicle for two years at end of license suspension. The offender must pay all costs.
- Jail for ten to 60+ days.
- Fine of $1,500 to $3,500 plus court costs.
- Conviction fee of $255.
- Substance abuse screening at a cost to offender of $150.
- Any treatment program recommended by screener. Generally, the offender must pay costs.
- Attendance at victim impact program at offender’s cost.
- Prohibited from possessing or drinking alcohol.
- Probation for 24 to 36 months.
- Prohibited from entering bars or taverns.
- With a passenger under 18 and driver at least three years older, the fine is up to $10,000.
Third Offense
- License suspension for three years. (Even if innocent.)
- IID on vehicle for two years at end of license suspension. The offender pays all costs.
- Jail for two days to one year and/or fine of $2,000 to $4,000.
- Substance abuse screening at a cost to offender of $150.
- Any treatment program recommended by screener. Again, this is usually at the cost of the offender.
- Attendance at victim impact program at the cost of the offender.
- Prohibited from possessing or consuming alcohol.
- Probation for 36 to 60 months.
- Prohibited from entering bars or taverns.
- With a passenger under 18 and driver at least three years older, the fine is up to $10,000.
Fourth Offense within Ten Years
- Prison for up to five years and/or fine up to $12,500.
- Permanent license revocation.
- With a passenger under 18 and driver at least three years older, the fine is up to $10,000.
Commercial Drivers
The penalty for DUII is commercial license suspension for one year. For driving DUII while transporting hazardous materials, the suspension is for at least three years. A second DUII triggers lifetime commercial license revocation.
Drivers Under 18
The penalty for a first DUII is simple. It’s license suspension for one year or until driver turns 17, whichever is longer. A second DUII brings another one-year suspension or until driver turns 18, whichever is longer.
Driver Rights
All drivers have a US Constitutional right to decline submitting to a chemical test. But the state punishes those who use their right. It does so in the following way.
The punishment for the first use of the right is an automatic one-year license suspension. For a second use of the right within five years, it’s for three years. This is much, much more severe than being guilty of DUII!
Field Sobriety Test
But there is no legal penalty for not taking a field sobriety test. These are highly subjective and not reliable. In fact, about one-third of completely sober people fail them. That is, about one of every three people with a zero (0.00%) BAC fail them. And they do so in an indoor ideal conditions.
Police have clever ways to talk drivers into taking field sobriety tests. They may falsely say the law requires it. In fact, no state does. While investigating, police can legally lie. So don’t fall for it.
Lawyers strongly advise drivers never to take one. They say to simply but firmly refuse to submit. And to do so as long as needed.
Learn much more at Never Take a Field Sobriety Test Say DUII Lawyers.
Other Driving Facts
It’s illegal to drink alcohol or have an open alcohol container in a vehicle on any road. Open containers must be in the trunk.
Drivers with a first-offense DUII may qualify for the DUII diversion program. They must first plead guilty or no contest. If they complete the program, the judge will dismiss their case after one year.
Eligible drivers must pay $490 to petition the court. If accepted, drivers enter a one-year contract with the court. They agree to these actions.
- Install and maintain an IID at their expense.
- Abstain from alcohol and illegal use of drugs for one year.
- Complete a substance abuse treatment program. Again, at their expense.
- Attend a victim impact session at their expense.
After complying with the agreement and paying all costs, the driver applies for case dismissal.
D. Boating
Oregon alcohol laws prohibit boating under the influence of intoxicants (BUII). The influence may be from alcohol and/or drugs.
Boating refers to operating, propelling, or being in physical control of a boat. It’s also illegal for the owner of a boat to let anyone under the influence operate it.
A BAC of 0.08% is legally under the influence. But police may arrest a boat operator for BUII well under the legal limit. All it takes is an officer’s belief that an operator shows any sign of alcohol impairment. Of course, that’s highly subjective.
But any of a number of medical conditions mimic alcohol impairment. The most common is diabetes. It’s symptoms often include slurring speech, confusion, difficulty walking, etc. So it’s a good idea to have a doctor’s letter with you.
Penalties
Penalties for BUII include these.
- Fines up to $6,250 and/or jail for up to one year.
- Prohibition of operating a boat for one year.
- Completion of a boating safety course.
- Cancellation of all boat registrations in offender’s name for up to three years.
The state may bring up in court the use of right to refuse a chemical test. In so doing, it may falsely argue that the refusal in itself proves guilt.
III. Resources on Oregon Alcohol Laws
IV. Legal Advice
Oregon alcohol laws can be confusing. This is also true of other states. Understanding how laws work takes legal training. Do not rely on this site. Nor on any other site. Nor on neighbors. Friends. Nor co-workers. Not even on family members. Smile and thank them. Then ignore their advice.
Get advice about Oregon alcohol laws from an expert. That is, a lawyer with a license in the state.