DUII (Driving Under the Influence of Intoxicants)

Learn the Basics of Ore­gon DUI Law

DUII or Dri­ving Under the Influ­ence of Intox­i­cants is one of the most com­mon crimes com­mit­ted in Ore­gon and leads to a stag­ger­ing num­ber of arrests each year.  Even so, there are still com­mon mis­con­cep­tions amongst the major­ity of Ore­gon cit­i­zens.  Below, you will find sev­eral com­mon ques­tions that arise regard­ing DUI in Ore­gon and the facts and laws sur­round­ing these ques­tions.  If your ques­tion is not answered in here or you wish to learn more, call Port­land DUI attor­ney Roger Priest today.

What exactly is the law regard­ing DUI/DUII?

Under the Influ­ence of Intox­i­cants is a Class A mis­de­meanor (but is a Class C felony if it would be your third or more within ten years).  Under ORS 813.010, a per­son com­mits the crime of DUI if that per­son dri­ves a vehi­cle while either:

1. hav­ing a blood-alcohol con­cen­tra­tion of at least 0.08 % as shown by chem­i­cal analy­sis of breath or blood; or
2. being under the influ­ence of alco­hol, a con­trolled sub­stance, an inhalant, or any com­bi­na­tion thereof.

Non­felony DUII car­ries a max­i­mum sen­tence in Ore­gon of one year in jail and a fine of up to $6,250.00.

Can I be charged with a DUI if I blow under a 0.08% BAC?

Blow­ing under a 0.08% blood alco­hol con­cen­tra­tion (BAC) is not a get out of jail free card when it comes to DUI.  ORS 813.010 pro­vides alter­nate avenues to a DUI con­vic­tion.  No mat­ter how low your BAC is, if a jury finds that you were “under the influ­ence” of alco­hol and/or a con­trolled sub­stance when you drove, you will be found guilty.  “Under the influ­ence” means your phys­i­cal or men­tal fac­ul­ties were adversely affected by the use of alco­hol and/or con­trolled sub­stances to a notice­able or per­cep­ti­ble degree.  In other words, if you drive when drugs or alco­hol are neg­a­tively affect­ing you to a point where oth­ers can tell, you could be con­victed of a DUI.