Oregon DUI State Law

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Oregon DUI Laws

Oregon Implied Consent
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Under Oregon DUI laws, it is up to YOU to request a hearing if you want to save your driver's license. You will need to file a request for a hearing as soon as possible after being charged with DUI. This process can be difficult but is critical to keeping your license. It is often best to use an Oregon DUI lawyer to help you through the process.

Oregon Blood Alcohol Concentration and Laws

It is critical for you to know that you can be charged with DUI even if you do not take a blood alcohol concentration (chemical) test! In fact, when your case goes to court, the prosecutor can rely on nothing more than the police officer's testimony of your driving pattern, appearance and other field sobriety tests they will give you at the time of your arrest.

In addition, the police officer will likely request a blood alcohol concentration level to be conducted. In the state of Oregon, a BAC of .08 percent or higher warrants arrest and charges of DUI.

There is no enhanced BAC in the state of Oregon, but if you are under 21 and have ANY TRACE of alcohol in your body, you will be charged with underage drinking violations and have an immediate license suspension.

Implied Consent Laws

Like many other states, Oregon DUI laws utilize implied consent. This is a law that you agree to simply by driving a motor vehicle on the state's roadways. It states that you agree to take a chemical test when requested by a police officer to prove your intoxication, if they have suspicions of intoxication.

If you refuse to submit to a chemical test, your driver's license is immediately suspended. You can obtain a temporary driver's license to use until your hearing. Also, the refusal may be admitted into court as evidence of intoxication. Sometimes, refusing to take the test are HARSHER than drunk driving convictions!

1st DUI Offense

A first offense will warrant the following Oregon DUI penalties:

  • You will be charged with a misdemeanor
  • You will face a mandatory 1 year suspension of your driver's license
  • You must serve 48 hours in jail or 80 hours of community service
  • Fines up to $1000
  • Court costs must also be paid by you, as well as assessment fees to determine your dependency
  • Mandatory alcohol evaluation is required

2nd DUI Offense

Oregon's look back period is 5 years. If you are convicted of driving while intoxicated a second time within five years, you will face second offense penalties including these:

  • You will be charged with a misdemeanor
  • Mandatory suspension of your driver's license for up to 3 years
  • Fines up to $1500
  • Court costs and assessment fees will need to be paid
  • Mandatory alcohol evaluation is required

3rd DUI Offense

A third offense within 5 years will warrant the following penalties:

  • You will be charged with a misdemeanor
  • Your driver's license is permanently revoked
  • A minimum of 48 hours up to 1 year is spent in jail
  • Fines up to $2000
  • Court fees and assessment fees must be paid
  • Mandatory evaluation of alcohol dependency is required

Hiring An Oregon DUI Lawyer

You do not have many opportunities to fight the charges of DUI in Oregon. The best recourse you have is to hire an experienced Oregon DUI lawyer to defend you and mitigate the case on your behalf. They may be able to get charges dropped, or reduced. It is critical to do so quickly to ensure there is an opportunity available.

Contact Oregon Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in Oregon:

  • Albany
  • Ashland
  • Beaverton
  • Bend
  • Canby
  • Central Point
  • Clackamas
  • Coos Bay
  • Corvallis
  • Cottage Grove
  • Dallas
  • Eugene
  • Forest Grove
  • Grants Pass
  • Gresham
  • Hermiston
  • Hillsboro
  • Hood River
  • Klamath Falls
  • La Grande
  • Lake Oswego
  • Lebanon
  • Mcminnville
  • Medford
  • Newberg
  • Ontario
  • Oregon City
  • Pendleton
  • Portland DUI Lawyers
  • Prineville
  • Redmond
  • Roseburg
  • Salem
  • Sherwood
  • Springfield
  • The Dalles
  • Troutdale
  • Tualatin
  • West Linn
  • Wilsonville
  • Woodburn
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