DUI Citation in Oregon: What to Expect at Your Court Appearance
Summary:
Appearing in court for an Oregon DUI citation carries substantial legal, financial, and personal consequences. Drivers face immediate license suspension, mandatory minimum jail time under ORS 813.010, and fines exceeding $2,000 for first offenses. Oregon’s strict sentencing structure escalates penalties dramatically with prior offenses or high BAC levels (>0.15%). Businesses may lose commercial drivers or face negligence claims if employees drive impaired. Key challenges include navigating Oregon’s implied consent laws, mandatory minimum sentences, and DMV administrative hearings – all requiring strategic coordination between criminal and administrative proceedings.
What This Means for You:
- Immediate Action: Request a DMV implied consent hearing within 10 days of arrest (ORS 813.410) to prevent automatic license suspension. Simultaneously, obtain your police report and BAC test results under ORS 135.805 discovery rules.
- Legal Risks:
- 1st offense: 48 hrs-1 yr jail, $1,000-$10,000 fines, 1-year license suspension
- 2nd offense (within 5 yrs): Mandatory 30 days jail, 3-year license revocation
- Felony DUI (3+ offenses): Up to 5 years prison, permanent license revocation
Breath tests >0.15% trigger enhanced penalties; refusing testing carries separate 1-year license suspension.
- Financial Impact:
- Long-Term Strategy: Petition for diversion programs (ORS 813.200) to avoid conviction if eligible. Post-conviction, explore expungement after 10-year waiting period (ORS 137.225). Obtain occupational driving permits during suspension to maintain employment.
Explained: DUI Citation in Oregon
Under Oregon Revised Statutes 813.010, a DUI occurs when a person operates a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher (0.04% for commercial drivers, 0.02% for under 21). Oregon employs a “per se” violation – the BAC result itself constitutes an offense. Notably, Oregon DUII charges (Driving Under the Influence of Intoxicants) apply to both alcohol and controlled substances, with zero tolerance for illicit drugs.
Types of DUI Offenses:
Oregon distinguishes misdemeanor and felony DUIs:
• Class A Misdemeanor: Standard first/second offenses
• Felony DUII: Third conviction within 10 years (ORS 813.011)
Aggravated DUII applies when:
(1) BAC exceeds 0.15% (ORS 813.011),
(2) A minor passenger is present (813.025), or
(3) The driver causes serious physical injury (813.012). Reckless driving may be pleaded down from DUII in limited circumstances under ORS 811.140.
Common Defenses for DUI:
Effective Oregon-specific defenses include:
• Constitutional challenges to traffic stops (State v. Rodgers – 2020 established reasonable suspicion thresholds)
• BAC accuracy disputes using OAR 257-030-0071 testing protocols
• Medical defenses (diabetes/ketosis producing false BAC results)
• Rising blood alcohol arguments proving legal BAC at driving time
• Emergency necessitation under ORS 133.693. Most defenses require aggressive pre-trial motions to suppress evidence.
Penalties and Consequences:
Oregon maintains mandatory minimums even for first DUIIs:
• License suspension: 1 year (first offense), 3 years (second offense)
• Fines: $1,000-$10,000 based on severity
• Jail: 48 hours minimum first offense
• Interlock: 12 months IID installation
• Treatment: Court-mandated SB 48 evaluation
• Commercial drivers face CDL revocation for 1 year (first offense) under Oregon FMCSA rules. All convictions remain on driving records permanently unless expunged.
The Oregon DUII Legal Process:
1. Arrest & Citation: Officer files Uniform Traffic Citation with court
2. DMV Hearing: Separate 30-day administrative suspension process
3. Arraignment: Enter plea within 7 days (ORCP 5)
4. Pre-Trial: Motion filings (suppress evidence, dismiss)
5. Plea Negotiations: DUII diversion possible for first offenders
6. Trial: Bench trials only unless jail time exceeds 6 months
7. Sentencing: Judges must impose statutory minimums
8. Appeal: 30-day window after conviction (ORS 138.071)
Choosing an Oregon DUI Attorney:
Select lawyers certified in Oregon’s Intoxilyzer 9000 operation (common breathalyzer), with established relationships in your jurisdiction’s court (e.g., Multnomah County vs. Deschutes County). Verify specific DUII trial experience – many attorneys focus solely on pleas. Expect $5,000-15,000 fees depending on case complexity. The Oregon State Bar provides attorney discipline records to vet candidates.
Other DUI Resources:
• Oregon DUI Suspension Process
• Oregon State Bar DUI Guide
People Also Ask:
1. Should I plead guilty at my first court appearance?
Never plead guilty without consulting counsel. Oregon offers DUII diversion programs (ORS 813.200) for qualifying first offenders, which dismiss charges after completion. An attorney can negotiate reduced charges like “Reckless Driving” with fewer consequences. Missing pre-arraignment deadlines forfeits these options.
2. Can I drive after a DUI arrest in Oregon?
Only with a valid hardship permit obtained through DMV hearing. Refusing a breath test triggers immediate suspension. If you prevail at the DMV hearing, full driving privileges resume pending criminal trial. All DUI convictions mandate IID installation before license reinstatement.
3. Do Oregon DUII convictions stay on records permanently?
Yes, unless expunged after 10 years under ORS 137.225. Convictions appear indefinitely on background checks, affecting employment, housing, and professional licenses. Diversion dismissals and not-guilty verdicts are not reportable.
4. Can police charge DUI without breath tests in Oregon?
Yes. Prosecutors frequently use officer observations (slurred speech, field sobriety tests) under ORS 813.010(1)(a). Refusing testing creates separate 1-year suspension and strengthens the state’s case through implied consent violations.
Expert Opinion:
Oregon’s DUII laws impose strict penalties with limited judicial discretion. Only specialized legal counsel can navigate both court and DMV proceedings effectively. Every procedural deadline missed – particularly the 10-day DMV hearing request – surrenders critical rights. Strategic action in the first 72 hours determines case outcomes.
Key Terms:
- Oregon DUI first offense penalties
- Portland DUI court appearance process
- Oregon implied consent law hearings
- DUII diversion program eligibility Oregon
- Cost of DUI with breath test refusal Oregon
- Felony DUI Oregon penalties
- Expungement of Oregon DUII conviction
*featured image sourced by DallE-3
