In the state of Oregon, driving under the influence (DUI) is an offense that is punishable by law. Oregon law states that it is illegal to operate a motor vehicle for anyone who has a Blood Alcohol Concentration (BAC) of 0.08% or higher.
Oregon DUI Laws – statute(s)
- R.S. § 813.010.
Oregon DUI Laws – standard
- “A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person: . . . [i]s under the influence of . . . a controlled substance or an inhalant.” O.R.S. § 813.010(1)(b). DUI – applicable substances Controlled substance.
Oregon DUI Laws – affirmative defense
Oregon Per se – statute(s)
Oregon Per se – standard
- N/A
Oregon Per se – applicable substances
- N/A
Oregon Per se – affirmative defense(s)
- N/A Implied consent – applicable drivers
- Any person who operates a motor vehicle upon premises open to the public or the highways of Oregon. O.R.S. § 813.131(1).
Oregon Implied consent – tests authorized
- Chemical test of urine for the purpose of determining the presence of a controlled substance or an inhalant in the person’s body. O.R.S. § 813.131(1).
- A driver in Oregon also grants implied consent to a breath test and, if receiving medical attention, a blood test, but those two tests are for the purpose of determining alcohol content. O.R.S. § 813.100.
Oregon Implied consent – basis for test
- Driver must be arrested for driving while under the influence of intoxicants and either: (1) involved in an accident resulting in injury or property damage; or (2) taken a breath test which discloses a BAC under 0.08.
- LEO must be certified as having at least eight hours of training in recognition of drug impaired driving. LEO must have “a reasonable suspicion” that the person arrested has been driving while under the influence. O.R.S. § 813.131.
Oregon Implied consent – evidence of refusal
- Evidence of the person’s refusal is admissible in any civil or criminal action, suit or proceeding arising out of acts alleged to have been committed while the person was under the influence. O.R.S. § 813.310 DUI – statute(s) O.R.S. § 813.010.
Oregon DUI Laws– standard
- “A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person: . . . [i]s under the influence of . . . a controlled substance or an inhalant.” O.R.S. § 813.010(1)(b).
Oregon DUI Laws – applicable substances
- Controlled substance.
Oregon DUI Laws – affirmative defense
Oregon Per se – statute(s)
Oregon Per se – standard
- N/A
Oregon Per se – applicable substances
- N/A
Oregon Per se – affirmative defense(s)
- N/A
Oregon Implied consent – applicable drivers
- Any person who operates a motor vehicle upon premises open to the public or the highways of Oregon. O.R.S. § 813.131(1).
Oregon Implied consent – tests authorized
- Chemical test of urine for the purpose of determining the presence of a controlled substance or an inhalant in the person’s body. O.R.S. § 813.131(1).
- A driver in Oregon also grants implied consent to a breath test and, if receiving medical attention, a blood test, but those two tests are for the purpose of determining alcohol content. O.R.S. § 813.100. Implied consent – basis for test
- Driver must be arrested for driving while under the influence of intoxicants and either: (1) involved in an accident resulting in injury or property damage; or (2) taken a breath test which discloses a BAC under 0.08.
- LEO must be certified as having at least eight hours of training in recognition of drug impaired driving. LEO must have “a reasonable suspicion” that the person arrested has been driving while under the influence. O.R.S. § 813.131.
Oregon Implied consent – evidence of refusal
- Evidence of the person’s refusal is admissible in any civil or criminal action, suit or proceeding arising out of acts alleged to have been committed while the person was under the influence. O.R.S. § 813.310. Implied consent – administrative / civil penalty for refusal
- Refusal with no prior refusal or violationà driver’s license suspended for one year.
- Refusal with one or more prior refusals/violations in past five yearsà driver’s license suspended for three years. O.R.S. § 813.420-430
