Oregon DUI law chapter 813 states that it is unlawful for any person to operate or attempt to drive a motorized vehicle in the state of Oregon while under the influence of alcohol, drugs, intoxicants or any combination thereof with a blood alcohol concentration level of .08% or greater.
It is not necessary for a person who is stopped on suspicion of driving under the influence in Oregon to show the typical signs of impairment one would expect to see in someone who has been consuming alcohol or drugs, just the fact that that person's BAC level is above the legal limit of .08% or greater will get you arrested for DUI in Oregon.
A person can still be arrested and charged with DUI in Oregon even if their BAC level is below the legal limit just by displaying signs of impairment that are consistent with driving under the influence.
Even before an officer stops someone on suspicion of DUI, the officer is already starting to build a case against that individual starting with observing the individual's driving behavior prior to initiating a DUI stop. The officer is going to be observing whether or not you are swerving within your own lane or whether or not you are swerving over the lane markers.
He will also be looking for other signs like excessively wide turns, how you are maintaining your speed versus the posted speed limit and other various observations. All of this is going on even before the officer initiates a DUI stop.
When you are stopped the officer is going to start by asking the obvious questions as to whether or not you've been drinking and then the officer will proceed into asking you to perform some field sobriety tests. It is not required by law that you submit to the field sobriety tests, you have every right to kindly refuse to submit to them.
You are however, required by Oregon's implied consent law to submit to a chemical test. If you refuse to submit to a chemical test the arresting officer must inform you of the penalties for a test refusal and then ask you a second time if you will submit to a chemical test.
Every driver who holds a Oregon driver's license has agreed to the state's implied consent law when they initially accepted their Oregon driver's license. Basically the implied consent law says that if you are stopped on suspicion of driving under the influence you shall submit to a chemical test to check for alcohol, drugs or intoxicants in your body.
You only have 10 days from the date of your arrest to request an administrative hearing or an administrative review with the Oregon Department of Motor Vehicles to challenge the DMV's suspension of your driver's license. Administrative hearings can be quite intimidating without an Oregon DUI lawyer on your side who knows the administrative hearing process.
If you have had your license suspended or revoked by an officer for either refusing to submit to a chemical test or failing a chemical test you are entitled to an administrative hearing or an administrative review to challenge the suspension or revocation of your driver's license.
An administrative hearing is completely different from an administrative review. An administrative review is just that, it is a review of the evidence collected by the arresting officer to determine if the officer did in fact have probable cause, followed proper procedures during the arrest process and whether or not you submitted to a chemical test.
You and your lawyer have no say in an administrative review, you are not even present at the review. You do not want an administrative review, you want an administrative hearing.
The scope of the administrative hearing will be to determine if the arresting officer had probable cause to arrest you, did the officer request that you submit to a chemical test and if you refused the chemical test did the officer inform you of the penalties for refusal, and the last item that will be covered will be whether or not you refused or submitted and fail the chemical test.
After reviewing the evidence presented against you by the arresting officer, the hearing officer will hear testimony from the arresting officer regarding your arrest. Then the hearing officer will review any evidence presented by you and your lawyer and hear testimony from you and your lawyer in your defense.
If there were any witnesses at the scene of the arrest that your lawyer wants to have testify on your behalf, the DMV will have subpoenaed them to appear and give their testimony. All testimony is given under oath.
After reviewing all of the evidence and hearing all testimony, the hearing officer will either rule in your favor, in which case your license will be reinstated or the hearing officer will uphold the officer's suspension or revocation of your license. If the officer's suspension of your license is upheld, you may be eligible for a hardship license if you meet the requirements for one.
An Oregon first offense DUI conviction is a Class A Misdemeanor offense and carries the following penalties:
An Oregon DUI offense within 5 years of a previous conviction is considered a second offense and carries the following penalties:
A third or subsequent offense with no more than 1 previous offense within the past 10 years is a Misdemeanor offense. If you have 2 or more within a 10 year period it is a Felony offense.
A person operating a commercial motor vehicle in the state of Oregon while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test is in violation of the state's laws regarding CDL's and will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation. A second CDL DUI offense will result in your CDL being revoked for life.
If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an "out-of-service" notice and will not be allowed to drive for the next 24-hours.
Oregon has a "zero tolerance" policy regarding under age drinking and driving, meaning that if you are under the age of 21 and are stopped by a police officer and found to have any amount of alcohol in your system you will be arrested for violating Oregon's zero tolerance law.
If you are under 18 years of age and are arrested for a zero tolerance violation you will be subject to charges in juvenile court. All other violators who are under 21 will be facing possible suspension of your driving privileges for a period of time along with other possible penalties.
If you were were stopped with a BAC level above the legal limit you will be facing the same fines and penalties as someone over the age of 21 would be facing for the same offense.
You will also be required to show proof of financial responsibility in the form of an Oregon SR-22 insurance policy before the DMV will reinstate your license or issue you a hardship license.
Before the Oregon Department of Motor Vehicles will reinstate your license following your revocation period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.
At anytime during this 3-year period if there is a lapse in your Oregon SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Oregon DMV of the lapse. If a lapse in coverage occurs, the Oregon DMV will immediately revoke your license and you will be required to re-file an SR22 form with the DMV before they will issue you another license.
Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Oregon and has worked out a special discount only available here for our website visitors.
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Oregon First Offense DUI - First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and much more.
Oregon SR22 Insurance Filing - We have compiled everything you need to know about Oregon's SR22 insurance and filing requirements including important addresses, phone numbers, etc.
Oregon DUI Assessment Programs - We offer a complete listing of state approved DUI programs listed by County.
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