Oregon DUI Classification
Oregon uses the term “driving under the influence of intoxicants” (DUII) instead of DUI (driving under the influence). You can be convicted of a DUII in Oregon if you drive with a BAC of .01% or higher.
OREGON IGNITION INTERLOCK PROGRAM
If this is, your first DUI offense and you have not had a DUI within the past 15 years, you will likely be offered a Diversion program, which if completed successfully, can remove the DUI from your record. There are other mitigating factors that determine your eligibility for the Diversion program so check with the prosecutor in your area to see if you are eligible.
Once charged with a DUI in the state of Oregon, and your BrAC (breath alcohol level) registered any amount above 0.001 you are subject to an IID requirement. Once that requirement is ordered by the court it is a “indefinite” requirement which means the requirement will never go away until you have had an IID to meet the states minimum requirements.
Drivers entering Oregon’s diversion program are required to install an ignition interlock into any vehicle they operate for a period of one year. If your BrAC was above a 0.08 your license will be suspended for a total of 90 days. If you blew under an 0.08 you will not be suspended and your IID order will become effective immediately (at your court appearance in which you enter the diversion program).
For drivers who are convicted of DUI (or denied entry into the states Diversion program) your license will be suspended for a minimum of one year (the number of convictions decides the length of suspension). Your IID requirement will never go away until you have satisfied the states minimum IID requirement.
After paying an application fee, your appeal will be reviewed by your convicting judge. If approved, you must:
|1.||Submit a $75 reinstatement fee|
|2.||Prove your valid liability insurance/ financial responsibility for your vehicle by submitting an SR-22 form (this is only required if you are applying to drive DURING your suspension period and you are on a diversion program. An SR22 is required for any driver convicted of DUI|
|3.||Install an IID device for the duration of your hardship permit, and potentially beyond that|
REMOVAL OF THE IID
Regardless of conviction or diversion status, any person charged with DUI (January 1, 2016 to present) will require a 90-day non-negative report. This report is obtained through your IID provider and can only be given if there are no violations on the device for the last 90 days of the requirement. You can contact the DMV at 503-299-9999 503-299-9999 and ask what the “stop action date” is on your license. The 90 days without violations would be the 90 days preceding your stop action date. Any violations on the device during that period will extend your IID requirement by 90 days from the date of the last violation and will result in an “indefinite” IID requirement until the 90 day non negative report can be given.
Diversion Drivers are required to have an IID for a period of one year. However you may request removal after 6 months as long as there are no violations on the device for the entire 6 months. The 6 month request for removal must be approved by the court and confirmed by the IID provider that no violations exist in the 6 month time frame.
For additional state laws and requirements information, please visit: