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 Consent
Oregon'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 After 30 days, the suspension is in effect and the temporary driving permit is no longer valid.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 Device
An ignition interlock device (IID) is a breath analyzer able to detect the presence of alcohol. It 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 device. The IID will prevent the vehicle from starting if the alcohol content in the driver's breath sample exceeds a preset limit.
IID Requirements for DUII arrests on or after January 1, 2016:
- If a person refused a Breath or Blood Alcohol Content (BAC) test.
- If person submitted to a BAC test and the alcohol content indicated any amount of alcohol.
- Minimally required for duration of Diversion.
- During Diversion, person may petition the court after six months to vacate the IID requirement.
- Non-compliance can result in DUII conviction (termination of Diversion).
- Requirement starts from the ending date of the suspension caused by the DUII conviction.
- One year minimum for a first conviction.
- Two year minimum for a 2nd conviction.
- Five year minimum for 3rd or subsequent conviction.
- Non-compliance results in suspension.
In addition, anyone applying for a hardship permit during a DUII suspension or during an IID requirement must install and maintain an IID as a condition of the permit.
At the end of the initial (minimum) IID requirement, the person must submit to DMV proof the person has had no IID violations for the last 90 days. If the person is unable to provide the proof, DMV will extend the IID requirement indefinitely until the person submits the proof (Form 735-7379, IID Certification—No Negative Report).
Fees & Costs
You are responsible for paying all costs related to the IID, including the installation, lease, monthly monitoring, and removal of the device. Note: You may be eligible for financial assistance if you cannot afford the costs associated with the device. 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 waiver of IID costs, you must provide proof of indigence to an IID vendor who is contracted with the Addictions and Mental Health Division.
You may view the list of approved devices
or call our Customer Assistance Unit at (503) 945-5000. Treatment
A person whose driving privileges are suspended due to a DUII conviction in Oregon 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 or until 15 or more years have elapsed from the date of the DUII conviction.
OAR 735-070-0085 identifies acceptable proof of completing treatment as:
- 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.
- A court order from the circuit court of the county in which the person was convicted showing that the person has taken sufficient steps to satisfy the court’s requirement to complete a treatment program.
If more than 15 years has elapsed from the date of the DUII conviction, DMV will not require the proof of treatment to reinstate the related DUII suspension.