Drunk and drugged driving laws in Oregon

By the end of this topic you can

• You can state Oregon's alcohol limits for drivers 21 and over and under 21.
• You can explain Oregon's implied consent law and the cost of refusing a test.
• You can describe the main penalties for a first DUII.
• You can make a plan so you never drive impaired.

What you need to know and understand

• At 0.08% BAC or more, Oregon law presumes you are impaired, but you can be arrested below 0.08 if you are affected.
• Drivers under 21 fail an implied consent test with any amount of alcohol in their blood.
• DUII applies to any substance that impairs you, including cannabis and medicines.
• By driving, you agree to a breath, blood or urine test if police ask (implied consent).
• Refusing a breath test carries a $650 presumptive fine and, normally, a one-year suspension.
• Failing a test normally brings a 90-day suspension, or one year in some repeat cases.
• An open container of alcohol, even resealed, must be kept in the trunk.

Two kinds of penalty

After a DUII arrest you can face two separate actions. DMV can suspend your license under the implied consent law for refusing or failing a test. The court then decides the criminal case. Both can happen for the same stop.

• Refusing a test: normally a one-year suspension (three years in some repeat cases), plus the $650 fine for a breath test refusal.
• Failing a test: normally a 90-day suspension (one year in some repeat cases).
• DUII is usually a Class A misdemeanor, with minimum fines of $1,000 for a first conviction, $1,500 for a second and $2,000 for a third, or $2,000 if your BAC was 0.15% or more.
• A first conviction brings a one-year suspension. A third conviction leads to permanent revocation, and a DUII committed after two or more DUII convictions in the past 10 years can be charged as a felony.
• The maximum fine rises to $10,000 if a passenger under 18, who is at least three years younger than the driver, is in the car.

Cannabis and medicines

Recreational cannabis is legal for adults in Oregon, but driving while affected by it is DUII. The Oregon manual notes that cannabis impairment has contributed to many crashes, and that combining alcohol and cannabis makes things worse. Prescription and over-the-counter medicines can also impair you, so ask your doctor or pharmacist about side effects before you drive.

Make a no-impairment plan

• Only time lowers your BAC. Coffee, food or a cold shower do not.
• Choose a sober driver or arrange a ride before you go out.
• Never ride with a driver who has been drinking or using drugs.
• If you see a driver you think is impaired, call 911 when it is safe.

Common mistakes

• Believing you are safe under 0.08. You can still be arrested if you are impaired, and under 21 any alcohol counts.
• Thinking legal cannabis is fine to drive on. Driving while affected is DUII.
• Putting a resealed bottle in the cup holder. Open containers belong in the trunk.
• Assuming refusing a test avoids trouble. Refusal brings its own suspension and fine.

Test yourself: Drunk and drugged driving laws in Oregon

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Driving Near Light Rail and Streetcars in Oregon
• How to Get a Driver’s License in Oregon
• Moving to Oregon