Oregon DUI/DWI Laws: Penalties, Court Process, and Records

In Oregon, the official charge is DUII (Driving Under the Influence of Intoxicants), though DUI and DWI are still widely used. The state enforces tough impaired driving laws on its citizens, with mandatory license suspensions, treatment programs, and felony charges for repeat offenses.

What Is a DUII in Oregon?

In Oregon, DUII stands for Driving Under the Influence of Intoxicants, a terrible crime responsible for about 40% of all traffic deaths. These intoxicants include alcohols, cannabis, marijuana, heroin, cocaine, opiates, amphetamines, LSD, and other scheduled controlled substances. According to Section 813.010 of the Oregon Revised Statutes, a DUII is committed by an individual who is driving while:

• Their blood alcohol concentration (BAC) is 0.08 percent or higher
• under the influence of an intoxicant or a combination of intoxicants and alcohol
• After stopping a vehicle for about two hours, without consuming any more alcohol, the individual has a BAC of 0.08 percent or higher.

In Oregon, law enforcement officers may charge drivers for DUII if impairment is observed, even if their BAC is below 0.08%.

DUII Penalties in Oregon

Oregon enforces a lifetime look-back period, which implies that all prior DUII convictions count towards penalties for a new DUII crime. Also, penalties may escalate significantly for repeat offenders. The penalties are discussed below:

• First DUII Offense:
  • Jail time from 2 days to 1 year, or 80 hours of community service
  • Fine from $1,000 to $6,250 (minimum payment of $2,000 if BAC ≥0.15%)
  • License suspension for 1 year
  • Mandatory alcohol/drug assessment and treatment program
  • Ignition interlock device (IID) for 1 year after reinstatement
  • Attend a victim impanel panel
• Second DUII Offense:
  • Jail time from 2 days to 1 year, or 80 hours of community service
  • Fine from $1,500 to $6,250 ($2,000 minimum if BAC ≥0.15%)
  • License suspension for 3 years
  • Requirement of IID for 2 years after reinstatement
  • Mandatory alcohol/drug assessment and treatment program
  • Ignition interlock device (IID) for 1 year after reinstatement
  • Attend a victim impanel panel
• Third DUII Offense:
  • Prison sentence up to 5 years
  • Fine from $2,000 to $6,250
  • Permanent license revocation (with limited reinstatement possible after 10 years in some cases)
  • Possible lifetime Ignition Interlock Device (IID) if an offender is deemed eligible for a hardship permit
  • Court-mandated alcohol/drug assessment and treatment program
• Felony DUII:
  • Prison sentence up to 20 years
  • Fine up to $125,000
  • Permanent license revocation (with limited reinstatement possible after 10 years)

DUII Arrest and Court Process in Oregon

DUII cases in Oregon involve both administrative and criminal actions:

• Traffic Stop and Arrest – A police officer may stop a vehicle and ask the driver to submit to a standard field sobriety test, breath test, and blood test. Oregon’s implied consent law mandates that drivers take the test when they are pulled over by a police officer. Failure to take the test may lead to penalties such as fines or suspension of the driving license. Defendants may contest this action at a hearing.
• Booking and Charges – The accused is processed, fingerprinted, and charged with DUII.
• AdministrativeLicenseSuspension(ALS) – The Oregon Department of Motor Vehicles imposes an immediate suspension on the offender’s driving privileges.
• Arraignment – The defendant is formally charged in court and enters a plea. Defendants may plead not guilty, guilty without entering diversion, guilty or no contest, and enter diversion, or no contest without entering diversion.
• Pre-Trial Hearings – Defense attorneys may challenge evidence, BAC results, or any probable cause.
• Trial – If no plea bargain is reached, the case goes straight to trial.
• Sentencing – Convictions may result in fines, jail, license suspension, use of an IID, and treatment program.

A first-time offender may qualify for Oregon’s DUII Diversion Program, which allows charges to be dismissed if the individual completes the required treatment program. Such an individual must abstain from the use of alcohol/drugs, install an IID, and pay the program fees.

How to Search for DUI/DWI Records in Oregon

Oregon allows the public to access DUII records. These records may include blood alcohol concentration levels, conviction status, sentencing details, and license consequences. Members of the public may access DUII records through multiple systems, including:

• OregonJudicialDepartmentPortalOnlineRecordsSearch: The Oregon Judicial Branch offers free access to court records for DUII cases. For more extensive access to case files, individuals may access the OJCIN OnLine Portal, a paid subscription-based service.
• Oregon Driver and Motor Vehicle Services (DMV): DMV maintains official driver records, including DUII convictions, suspensions, and IID requirements. Individuals may contact the DMV to request their own records.
• County Circuit Courts: These courts provide certified case files and sentencing documents.
• OregonStatePolice(OSP): They offer statewide criminal history background checks for the public.
• Third-PartyBackgroundCheckServices: Some organizations provide DUI data to the public, but it may not always be accurate.

How Long Does a DUI Stay on Your Record in Oregon?

Oregon retains DUII convictions for extended periods:

• Criminal Record: A DUII conviction remains permanent unless they are dismissed under the diversion program. Also, felony DUIIs may not be expunged.
• Driving Record: DUII convictions remain on an Oregon driving record for life, though a first-time DUII dismissal through diversion avoids a conviction entry.
• Insurance and Employment: A DUII typically results in insurance rate increases for an individual. It may lead to difficulties in seeking a job, securing an accommodation, or getting a license.

Oregon enforces strict DUII penalties, with escalating punishments from fines and short jail terms for first offenders to felony charges and permanent license revocations for repeat offenders. The state uses DUII as its official legal term, though DUI and DWI remain widely recognized. Records are accessible through the Oregon courts and DMV, and while diversion may help first-time offenders, most DUII convictions remain permanent. For drivers, employers, and researchers, understanding Oregon’s DUII laws is vital given their severe and long-lasting impact.