In Oregon, a person is guilty of DUI if he or she drives while (1) under the influence of intoxicating controlled substance; OR (2) under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance. Or. Ref. Stat. Ann. 813.010(1)(b)-(c) (West 2009).
Affirmative Defense
No person authorized to possess, deliver or produce marijuana for medical use pursuant to Oregon Law shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges drives under the influence of marijuana. Id. § 475.316(1)(a).*
* In addition to any other penalty allowed by law, a person who the Oregon Health Authority finds has willfully violated the provisions governing the distribution and use of medical cannabis in Oregon may be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of up to six months, at the discretion of the authority. Id. § 475.316(2).
Implied Consent
- A person commits the offense of refusal to take a test for intoxicants if the person refuses to take a breath or urine test when requested to do so with probable cause. Id. § 813.095(1).
- The offense described in this section, refusal to take a test for intoxicants, is a traffic offense punishable by a fine of at least $500 and not more than $1,000. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants. Id. § 813.095(2).
- Person arrested for driving under influence of intoxicants has right to consult with counsel before he may be required to decide whether to submit to test, unless delay would defeat the purpose of test. Bunten v Motor Vehicles Div., 652 P2d 794 (1982).
Penalties
- First Offense class A misdemeanor – mandatory minimum of 48 hours in jail; not more than 1 year in jail; offender may be required to perform up to 160 hours of community service; minimum fine of $1000, but not to exceed $6,250; minimum 30 day license suspension. Id. § 813.010(4); Id. § 813.010 (6)(a).
- Second Offense class A misdemeanor – mandatory minimum of 48 hours in jail; not more than 1 year in jail; offender may be required to perform up to 160 hours of community service; minimum fine of $1,500, but not to exceed $6,250; minimum 60 day license suspension Id. § 813.010(4); Id. § 813.010 (6)(b).
- Third Offense class A misdemeanor – mandatory minimum of 48 hours in jail; not more than 1 year in jail; minimum fine of $2,000, but not more than $6,250; minimum 1 year license suspension. Id. § 813.010(4); Id. § 813.010 (6)(c).
- Fourth Offense (within 10 years) Class C Felony – minimum fine of $2,000, but not to exceed $125,000; up to 5 years imprisonment; minimum 1 year license suspension. Id. § 813.010(5)(a); Id. § 813.010 (6)(c).
NOTE: Maximum fine court can impose is $10,000.
Other Penalties & Penalty Enhancers
- DUI with passenger present in the motor vehicle is under 18 years of age and at least three years younger than the person driving the motor vehicle carries a maximum fine of $10,000. Id. § 813.010(7)(b).
Sobriety Checkpoints
In Oregon, sobriety checkpoints are illegal under the state’s Constitution.
- Sobriety checkpoint was found impermissible because stops conducted without any individual cause of suspicion. State v. Boyanovsky 743 P.2d 711 (Or. 1987).
- Sobriety checkpoints must have legislative approval and guidelines. Evidence obtained from a checkpoint for criminal prosecution, without any cause of suspicion, is impermissible. Nelson v. Lane Co., 743 P.2d 692 (Or. 1987).