DUI

What is a DUI?

A DUI is the crime of driving a vehicle with blood levels of alcohol in excess of a legal limit (“Blood Alcohol Content”, or “BAC”). Similar regulations cover driving or operating certain types of machinery while affected by drinking alcohol or taking other drugs, including, but not limited to prescription drugs.

What is the legal alcohol limit in Oregon?

In Oregon, the legal blood alcohol content limit is 0.08. Contrary to popular belief, however, you can still be arrested for a DUI if you are under this limit if the officer believes you are impaired. Your best bet is not to drink and drive.

If you are arrested for DUI and you:

Take a breath test and fail it

DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year.

Refuse to take a breath test

DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.

Refuse to take a urine test

DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years. The suspension for refusing a urine test will not start until any other implied consent suspension (even from the same arrest) is over.

Refuse to take a blood test while receiving medical care in a healthcare facility following a motor vehicle collision

DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for three years.

Fail a blood test while receiving medical care in a healthcare facility following a motor vehicle collision

DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year. This suspension will begin on the 60th day after DMV received the report that you failed the test. DMV will send a suspension notice to the address on your driving record to inform you of the suspension dates. The officer will not confiscate your driver license and issue a 30-day temporary driving permit. You are required to return any license in your possession to DMV when the suspension begins.