Wednesday, March 21, 2012

Oregon DUII Information Update

When am I Presumed to be Under the Influence?
In Oregon, you are presumed to be under the influence if you drive with a
 blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired.

What if I am under 21 years of age?  
The maximum BAC for drivers who are under 21 is 0.00% for purposes of the implied consent law.  Oregon is a “zero tolerance” state for DMV license suspensions.  However, to be convicted for the crime of DUII the State would need to prove you were “under the influence” at the time of driving.

What is “implied consent?”
If you drive a vehicle on a highway or premises open to the public, you have given your “implied consent” to submit to a chemical test for the purpose of determining your BAC.

What are Some Possible Consequences of Refusal to Submit to a Breath Test or Blood Test (Chemical test) After Being Arrested? 

1st offense:  1 year license suspension; fine of $500 - $1,000.
2nd offense: 3 year license suspension if within 5 years of prior breath test failure or refusal, conviction, or diversion;  1 year license suspension if no prior within 5 years; fine of $500 - $1,000.
3rd offense: same as 2nd offense above.

When and where will Oregon police measure your blood alcohol concentration (BAC)?
Law enforcement officers will conduct a breath test after arrest, typically at a jail facility or police station.  Currently, Oregon police officers rarely utilize roadside breath testing machines or preliminary breath tests.

What are the minimum jail sentences for a DUII conviction in Oregon?
1st conviction: 2 days jail
2nd conviction: no minimum required
3rd conviction: no minimum required
For Felony DUII :
3rd conviction within 10 years Class C Felony: 90 days jail
4th conviction within 10 years Class C Felony: Sentencing Guidelines: 13-16 months prison

A Permanent Record - DUII Convictions
Prior DUII convictions remain on your record permanently, and can always be used against you if you are being sentenced for a subsequent DUII.  Under current law, a third DUII within 10 years constitutes a Felony.

Ignition Interlock Device (IID)?
In order to have any driving privileges, IIDs are required for all diversions and convictions.
Where can I get more information about DUII laws in Oregon?

Where can I get more information about DUII laws in Oregon?
Contact:  Gig Wyatt , Attorney at Law, Harris, Wyatt & Amala, LLC
5778 Commercial Street SE , Salem OR 97306
Salem Oregon DUII and Criminal Defense - (503) 378-7744, (503) 378-1013 Fax

NOTICE: The purpose of this website is to provide basic and general information about DUII laws in Oregon. 
This publication should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.
DUII Defense services in Marion County, Polk County, and Linn County, Oregon