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Driving Under the Influence of Intoxicant Charges in Oregon

In the state of Oregon, impaired driving will be charged as DUII (driving under the influence of intoxicants). Oregon DUIIs prohibit driving with a BAC of 0.08% or more or driving under the influence of any alcohol, cannabis, a controlled substance, or an inhalant.

A .08% BAC is not required for a DUII conviction. The officer(s) who pulls you over has the right to charge you with a DUI or 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 DUI or DUII.

This is one of the most common charges that you can face, but when you do find yourself accused of driving under the influence in Oregon, it's important that you act fast to secure focused and supportive legal representation from the Bend, OR DUI defense lawyers at Baxter Harder, LLC.

Have questions? Visit our FAQ on DUIIs or contact our Bend, OR DUII defense attorneys at (541) 238-9210 today for a free consultation!

What's the Difference Between DWI, DUI, & DUII?

Nothing at all. Other states or jurisdictions use different terms which mean the same thing. In Oregon, for instance, an arrest of this nature is technically called “Driving Under the Influence of Intoxicants.”

You will also notice that DUI and DUII are used interchangeably. In other states, such as Texas, they use the term Driving While Intoxicated or DWI, which ultimately means the same thing as a DUI or DUII in Bend, OR.

What Does Driving Under the Influence of Intoxicants Mean In Oregon?

Driving with a blood alcohol content (BAC) of .08% or more (within two hours of driving), or while under the influence of alcohol, cannabis, a controlled substance, psilocybin, and/or an inhalant.

What Are the Penalties for a DUII in Oregon?

The state of Oregon imposes a mandatory minimum sentence for convictions. However, as the amount of offenses increase, the penalties also increase.

First Conviction in OR
  • $1,000 fine with an additional $255 conviction fee
  • Community service for at least 80, but not exceeding 250 hours
  • Jail time of two days to one year
  • 90-day administrative license suspension
  • 1-year license suspension
  • Possible Diversion Program Eligibility

IID Device

Your first 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.

Potential Fine Increases

If your BAC was .15% or above, the fine increases to a minimum of $2,000. 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.

Substance Abuse Treatment

In order to determine an adequate substance abuse treatment program, everyone convicted of a DUII in Bend, 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.

Second Conviction in OR
  • Up to 1 year in jail
  • IID installation
  • Between $2,000-$10,000 in fines
  • License suspension of 3 years
Third Conviction in OR
  • As much as 5 years in prison
  • Between $2,000-$10,000 in fines
  • Potentially permanent loss of your license
Chemical Test Refusal in OR

Refusing to take a chemical test may result in the following penalties:

  • $1,000 fines
  • A license suspension of 3 years for a third offense

Refusal of the chemical test is an offense against Oregon’s implied consent laws and will trigger a license suspension for one year.

Find out more about the DUII penalties you may face from our Bend criminal defense lawyers.

Additional Oregon DUII Penalties

These are serious charges that you can face and the punishment doesn’t always fit the crime. Under Ballot Measure 73, there are also mandatory minimum sentences in some cases of repeat DUI or DUIIs.

There are available options to protect you. One of these is the Diversion Program and through this option it may be possible to have your crime dismissed at the end of the year.

While a DUII is a charge that many people find themselves dealing with, the penalties you may suffer can still be severe. If someone was killed while you were allegedly under the influence, you can also face increasingly high penalties for manslaughter charges.

At Baxter Harder, LLC, our Bend DUI attorneys are prepared to protect you. If you have been charged, don't wait to contact us for a free case evaluation or call us at (541) 238-9210.

What Are My Rights After Being Pulled Over?

Immediately upon pulling over, you are obligated to furnish the police officer with your license, registration, and proof of insurance.

Once you’ve complied with the officer’s request for documentation, you have the right to:

  • Decline a field sobriety test
  • Decline a breath test
  • Decline your car to be searched
  • Decline to answer questions
  • Have your lawyer with you
  • Stay quiet

It is important to keep in mind that while within your rights, your license will automatically be suspended for one year if you refuse to take a breath test.

If you decide to exert any of your rights, be sure to:

  • Remain courteous
  • Solid with your stance
  • And keep to yourself as much as possible

It is not uncommon for police officers to do what they can to intimidate you into providing evidence that could hurt your case. It is wise to keep yourself composed with the officer and make it well-known that you wish to speak to your lawyer before answering any of the officer’s questions. Stay strong, but also stay respectful.

If you are held under arrest and taken to the police station to be booked, you have the right to a private phone call with your Bend DUI attorney. Depending on the circumstance, you may even be able to make the phone call on your personal cell phone.

Other Tips for DUI or DUII Charges

  • Ticket amount: If your ticket amount says $6,250, don’t be alarmed. This is a common figure for offenses that require court appearances and will most likely be reduced in court.
  • Blood alcohol concentration (BAC) regarding diversion: There is no BAC too high to enter into Oregon’s DUII diversion program.
  • Canadian entry: If you are convicted, you will be unable to travel to Canada. However, you do have the option to pre-apply for entry by completing the required forms and enduring a background check, which can take up to 6 weeks.

Put 60+ Years of Combined Experience on Your Side

As legal professionals our goal is to protect your rights and avoid letting charges turn into a conviction. We seek the best possible outcome in every case we handle and we have the legal knowledge to assist you in minor charges up to felony charges.

Why Choose the Bend DUI Lawyers at Baxter Harder, LLC?

  • Experienced counsel from a Former Prosecutor who can use this unique insight to create an aggressive defense strategy.
  • Attorney Casey Baxter has been recognized as a top attorney in his field, including the Top 40 Under 40 award by National Trial Lawyers.
  • Every strategy is created with your rights, interests, and future in mind. We fight to protect you, it's that simple.
  • You can get started today with a completely free and confidential case consultation.

    Every case must start with a strong defense strategy. Get yours now. Call our firm at (541) 238-9210 to discuss your duii in Bend, Oregon with our lawyers.

    Benefits of Baxter Harder

    Reasons to Choose Us
    • Over 60+ Years of Combined Experience
    • Work With an Experienced Former Deputy District Attorney at the Firm
    • Extensive Trial Experience
    • We Can Handle Complex Cases in Criminal, Civil, & Family Law
    • Highly Personalized Representation
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    • Google's Highest Rated Law Firm East of The Cascades
    Protecting Your Best Interest

    When you choose our team of experienced lawyers, we will take the time to listen to your needs and remain focused on that as we proceed with your case. We have the knowledge, skills, and resources to provide the quality defense you need.

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    Recent Victories

    Because Results Matter
    • Case dismissed following Motion to Suppress Evid DUII & Refusal to Take Test for Intoxicants
    • Dismissal of all felony counts Felony Assault, Felony Criminal Mistreatment, Harassment
    • Case dismissed Multiple counts of theft
    • Case dismissed Theft
    • Declined / Refused by District Attorney Felony Domestic Violence (Assault & Strangulation)
    • Dismissed Failure to Perform the Duties of a Driver
    • Plea to one offense Criminal; Sodomy in the Second Degree; Sexual Abuse in the Second Degree; Sexual Abuse in the Third Degree; Encouraging the Sexual Delinquency of a Minor
    • Deferred sentencing Criminal; Failure to Perform the Duties of a Driver (Hit & Run)
    • Case Refused / Declined by DA Assault IV plus DHS Investigation
    • Acquitted/ Jury Trial DUII
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