You may be found guilty of Driving while Under the Influence of Intoxicants (DUII) if you operate a motor vehicle while you are under the influence of intoxicating liquor, and/or a controlled substance. You may be charged with DUII if you commit the offense upon any premises open to the public. If convicted of DUII, your driving privileges will be suspended. Suspension lengths vary. They can be one year, three years or permanent. A suspension or revocation resulting from a DUII conviction is separate from any suspension you may receive under the Implied Consent law. For related statutes, see Chapter 813 of the Oregon Revised Statutes. Implied ConsentOregon's implied consent law means that by driving a motor vehicle you have implied that you will consent to a breath, blood or urine test if a police officer requests you to take such a test. The officer can request you to take a test if they arrested you for a suspected DUII. Refusal to take a test is admissible as evidence in court. Drivers over 21 years old will fail the test if their blood alcohol reading is 0.08 percent or more. Drivers under 21, will fail the test if they have any amount of alcohol in their blood. An implied consent suspension is separate from any suspension you may receive as a result of a DUII conviction. If you have a valid Oregon Driver License in your possession, the officer will confiscate it and issue a 30-day temporary driving permit. After 30 days, the suspension is in effect and the temporary driving permit is no longer valid. If you receive a notice of intent to suspend from a police officer under Oregon's Implied Consent Law, you are entitled to a hearing. You must request the hearing in the manner, and within the timeframe allowed in the notice of intent to suspend. Suspension lengths vary. If you are arrested for driving under the influence of intoxicants 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 health care 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 health care 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.
DMV will also suspend your driving privileges if any of the actions occurred while driving in another state ( ORS 809.400). If any of the actions occurred while driving a commercial vehicle suspension times may vary. Ignition Interlock DeviceAn ignition interlock device (IID) is a computerized breath analyzer. An IID connects into a vehicle's ignition system. Prior to starting a vehicle equipped with an IID, the driver must provide a breath sample by blowing into the handset of the IID. The IID will prevent the vehicle from starting if the alcohol content in the driver's breath sample exceeds a preset limit. Click here to see a list of IID devices that meet Oregon requirements.
IID Requirement
- Anyone entering into a DUII Diversion Agreement with the court is required to install and maintain an IID. The IID is a condition of the Diversion Agreement and required for the time specified by the court.
- Anyone convicted of DUII in Oregon is required to install and maintain an IID. The requirement starts at the end of the DUII suspension caused by the conviction and continues for one or two years.
- Anyone convicted and revoked for DUII or other applicable traffic crimes that involved a conviction for DUII is required to install and maintain an IID. The requirement starts at the end of the longest revocation and continues for five years.
- Anyone granted a hardship permit during a DUII suspension or during a time specified by the court as a condition of a Diversion Agreement is required to install and maintain an IID.
If you do not install an IID when required due to a DUII conviction or remove the device at anytime during the requirement, DMV will suspend your driving privilege. If the device is required as a condition of a DUII Diversion Agreement, the court may terminate the agreement and convict you of DUII. Fees & CostsYou are responsible for paying all costs related to the ignition interlock device, including the installation, lease, monthly monitoring and removal of the device. Note: You may be eligible for financial assistance if you cannot afford to pay the costs associated with the device. To apply for assistance, you must meet the standard for indigence, which is the possession of a current Food Stamp Identification Card issued by the Oregon Department of Human Services. To request a fee waiver, you must provide proof of indigence to a vendor who is contracted with the Addictions and Mental Health Division to obtain reimbursement of the device fees. For installation locations for the IID, you may check out the IID Provider Location list, or call our Customer Assistance Unit at (503) 945-5400. DMV cannot waive the IID reinstatement requirement for temporarily out of state residents. If you are in another state and need an IID installed to reinstate your Oregon driving privilege, contact our Customer Assistance Unit at (503) 945-5400 for assistance locating an IID provider. TreatmentA person whose driving privileges are suspended due to a DUII conviction must provide proof that they have completed a treatment program ordered by the court under ORS 813.021. DMV will not reinstate a suspension resulting from a DUII conviction until the person submits this requirement. The most common form of proof is a DUII Treatment Completion Certificate (DMV form 735-6821). DUII Treatment Completion Certificates are only issued by treatment providers approved by the Oregon Addictions and Mental Health Division. |