In Oregon, it's easy to be convicted of driving under the influence; indeed, it is not necessary to be drunk—it's only necessary to prove the driver is affected by alcohol or drugs to be convicted.
The DUI Law
Under the Oregon DUI law, you aren't required to be drunk in order to be convicted of drunk driving. You can be considered "under the influence" if you simply are affected to an identifiable point by intoxicants. Essentially, it's again the test to see whether you are physically or mentally impaired by the alcohol or drugs, but if you're just a little bit tipsy, it still counts as DUI under Oregon law. Also, if you are affected somehow by medications you had to take—that is, if the doctor prescribed medication and it makes you confused or sleepy, you can still be charged for driving under the influence of intoxicants (DUII).
Oregon DUI Penalties at a Glance
| Court Fines | Potential Jail Time | License Suspension | |
| 1st Conviction | Min. $1,000 | 2 Days | 1 Year |
| 2nd Conviction | $1,500 | 2 days - 1 year | 3 Years |
| 3rd Conviction | $2,000 | 2 days - 1 year | Permanent |
| If you may have been convicted with a DUI charge, consult with a DUI Attorney in your area to receive a free case review. |
Drunkenness Testing
These conditions are determined by "field sobriety tests" that are given at the time of your capture, when the officer has stopped your car. These tests include balance tests and memory tests (such as saying the alphabet backwards). You are allowed to refuse these tests, but as a consequence your license can be removed for a period of 180 days to three years; it is not recommended that you refuse the tests. You may also be required to take a breathalyzer test, and if it measures your breath to be more than 0.08% in alcohol content, then you can be convicted regardless of whether you've been driving erratically or showing other signs of drunkenness.
Consequences and Penalties
Punishments in Oregon are very strict, and after a first offense DUI you can be fined up to $5,000, may spend up to a year in jail, have your driver's license revoked for a year, and will have to complete any alcohol safety training program at your own expense. Your lawyer cannot plea bargain your DUII case to a lesser charge (indeed, this practice is ruled illegal by Oregon state law, ORS 813.170).
DUI Diversion
DUI Diversion is an option for first-time DUI offenders to take a program instead of taking the charges. Instead of serving out the court charges, you can complete the diversion program and your DUI charge will be dismissed in one year. This only applies for first-time DUI offenders and you can only use this if you have never participated in another DUI diversion program before.
| If you may have been convicted with a DUI charge, consult with a DUI Attorney in your area to receive a free case review. |
