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Oregon Drunk Driving Laws

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    BAC Testing Laws

    • Oregon is a state with an implied consent law. This means that all drivers must agree to let an officer test their BAC, via a breath, blood, or urine analysis. If a driver fails or refuses to take a BAC test, he is arrested and faces conviction for drunk driving. Under Oregon law, a police officer may administer a BAC test to a given driver if the officer has reasonable grounds to believe that the person has been driving under the influence of alcohol or other intoxicating substances. However, unlike in most other states, the state of Oregon does not conduct sobriety checkpoints (BAC testing of randomly-selected drivers), which are considered illegal under the state's constitution.

    Laws Regarding Fines

    • The state of Oregon determines punitive fines for individuals convicted of drunk driving based on several factors. Per state law, first-time drunk driving offenders must pay a minimum fee of $1,000. Second-time offenders must pay at least $1,500. For a person's third or higher drunk driving conviction, a minimum fee of $2,000 applies if the person is not sentenced to jail. As in 41 other states, drunk drivers in Oregon are penalized more severely for very high BACs. In Oregon, a BAC of 0.015 or higher results in a mandatory minimum fine of $2,000, even for first-time offenses. An even steeper fine of $10,000 applies to those convicted of drunk driving with a minor passenger.

    License Suspension Laws

    • As written in Oregon state law, a drunk driving offender's license is revoked for a minimum of 90 days. The state of Oregon may suspend a driver's license for a longer duration if: the person refuses to take a BAC test (resulting in a minimum suspension period of one year); the person has previous drunk driving convictions; or the person is under 21 years of age. Commercial licenses are also subject to longer suspensions, under Oregon law.

    Other Actions and Penalties

    • In addition to paying fees and relinquishing their driver's license for a period of time, individuals convicted of drunk driving in Oregon must also complete and pay for an alcohol treatment program and serve at least 48 hours of jail time or community service. A convicted drunk driver issued a "hardship permit", which allows limited driving privileges such as driving to and from work or school, must also comply with an Ignition Interlock Device (IID) program for full license reinstatement. A vehicle equipped with an IID will not start unless the driver blows a clean BAC into a breath testing device.

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