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Oregon has laws regarding drinking and driving just like every other state. Driving under the influence of intoxicants (DUII) is Oregon's version of DUI and DWI. A driver is considered over the legal driving limit if his or her blood alcohol content is over 0.08. This does not mean that a person who passes a breath test is not impaired. If the person still appears impaired (cannot walk in a straight line, slurred speech, and/or strong odor of alcohol emanating from breath) DUII charges can still be filed.
Oregon also follows implied consent laws so a person who refuses to submit to blood alcohol testing can be arrested and have one's license suspended. Also, Oregon has a zero tolerance policy regarding minors and DUII. Any alcohol found in a driver under the age of 21's system will result in a charge of Driving Under the Influence of Intoxicants.
Oregon peace officers are trained to recognize the signs that a driver might be impaired. If an officer observes drivers committing infractions such as driving into oncoming traffic, tailgating, driving without headlights at night, speeding, or stopping in the middle of the street for no apparent reason, the officer can pull the driver over.
After pulling a driver over, the peace officer will investigate for further evidence of driver impairment. The officer will look for signs such as:
Penalties for DUII vary depending on the driver's BAC level and whether or not the driver submitted to the BAC test. The test could be a breathalyzer, urine or blood sample. The penalties for DUII are as follows:
Failure of a breath test:
Refusal to take a breath test:
Refusal to take a urine test:
Refusal to take a blood test while receiving medical care after a collision:
Failure of a blood test for DUII while receiving medical care after a collision:
Drivers convicted of DUII will also be required to add an interlock device to their vehicles. The device requires a breath test before it will allow the driver to start the car and drive. A driver can also lose one's license for five years if the driver is convicted of any of the following acts three times within a five-year period:
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.