Oregon has two sets of procedures that you must attend to when you have been charged with a DUII—administrative and judicial. We suggest that you consult with a DUII attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Oregon Department of Motor Vehicles (DMV)
Oregon is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUII judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.
You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically remain suspended on the 11th day for 3 months. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court-approved locations, and emergencies. Oregon allows you to install an interlock device in lieu of suspension after 30 days.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Oregon, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even on a first offense.
License Revocation, Fines and Jail
- First Offense – Misdemeanor: minimum 2 days in jail, minimum of $1,000 in fines, 1-year license suspension (ignition interlock hardship driving permit may be available after first 30 days of suspension), ignition interlock restriction for 1 year upon license reinstatement, 80 hours community service may be given instead of jail or fine if courts think this appropriate, mandatory alcohol/drug screening interview and treatment program, and mandatory alcohol evaluation. Possible attendance at victim impact treatment sessions.
- Second Offense – Misdemeanor: 2 days to 1 year in jail, minimum of $1,500 fine, 3 years license suspension (ignition interlock hardship driving permit may be available after first 1 year of suspension), ignition interlock restriction for 2 years upon license reinstatement, mandatory alcohol/drug screening interview and treatment program, and mandatory alcohol evaluation. Possible attendance at victim impact treatment sessions.
- Third and Subsequent Offense – Misdemeanor: 2 days to 1 year in jail, minimum of $2,000 fine, license permanently revoked (may file a petition in the county circuit court to have driving privileges restored after a period of 10 years), ignition interlock restriction for 2 years upon license reinstatement, mandatory alcohol/drug screening interview and treatment program, mandatory alcohol evaluation. Possible attendance at victim impact treatment sessions.
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