In the state of Oregon, you may be charged with a DUII (driving under the influence of intoxicants) if you are caught operating a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher. However, a DUII is not limited to just alcohol. Prescription medications and other drugs also cause unsafe driving and can lead to a DUII.
It is also worth explaining that the aforementioned .08% BAC is not required for a DUII conviction. The officer(s) who pulls you over has the right to charge you with a DUII if they believe you are unfit to be driving—regardless of your BAC. For example, if you had a drink with dinner, your BAC is .04%, and the officer who pulls you over believes you were swerving due to intoxication, that officer has the right to arrest you and charge you with a DUII.
If you are charged with a DUII for the first time, you are most likely looking at a 90-day administrative license suspension, regardless of whether you are convicted of a DUII or not. The penalties are even tougher if you decline to endure a chemical test, which is an offense against Oregon’s implied consent laws and will trigger a license suspension for one year. Consequently, if you are convicted of a DUII, your license will also be suspended for one year.
In addition to a year-long license suspension, your first DUII conviction offense requires an ignition interlock device (IID) to be installed in your vehicle. This device must remain installed in your vehicle for a full year following your license suspension. Similarly, you are responsible for all costs related to the installation and maintenance of the IID.
If you are convicted of a first-offense DUII, the judge is required to sentence you to jail for anywhere from two days to one year, or to complete community service for at least 80, but not exceeding 250 hours.
Your first-offense DUII fine will most likely be $1,000, with an additional $255 conviction fee. If your BAC was .15% or above, the fine increases to a minimum of $2,000. Either way, the maximum fine is $6,250. If you had a passenger in the vehicle younger than 18 years old and you were at least three years older than them at the time, your maximum fine increases to $10,000.
In order to determine an adequate substance abuse treatment program, everyone convicted of a DUII in Oregon must submit to a screening interview. The screener will recommend a program for you to complete and you must pay for it yourself. Treatment program costs can vary and the screening fee is $150. You may also be ordered by the court to attend a “victim impact” treatment session that costs anywhere from $5 to $50.
DUII Diversion Program in Oregon
If you are a first-time offender, you may qualify for Oregon’s DUII diversion program, which requires a guilty or no contest plea but will dismiss your case after only one year. Eligible drivers are required to file a petition with the court to request diversion within 30 days of the DUII charge and are subject to a filing fee of $490.
If any of the following applies to you, you are ineligible for the diversion program:
Presently have pending DUII/DUI charges from a previous instance
Are currently engaging in a diversion program
Have been convicted of a DUII/DUI in the last 15 years
Have engaged in DUII diversion in the last 15 years
Possessed a commercial permit or were operating a commercial vehicle during the current DUII arrest
Were ever convicted of a felony DUII (four DUIIs in a ten-year span)
If you are eligible and decide to employ the diversion program, you sign into a year-long arrangement with the court to:
Accomplish the entirety of a substance abuse regimen
Show up to a victim impact treatment session
Abstain from using alcohol and illegal drugs
Institute and care for an IID while completing the diversion program
Once the DUII diversion program is complete and all of the attached fees have been paid, you are able to apply to the court for case dismissal.
Navigating the court system with regard to a DUII may be costly, difficult, and can severely impact your future. Having an experienced professional on your side can make all the difference for you.
Call Baxter Harder today at (541) 238-9210 to speak with an attorney about your Oregon DUII case.