HOW IS DRIVING UNDER THE INFLUENCE DEFINED UNDER OREGON LAW?

     ORS 813.010 Driving under the influence of intoxicants (misdemeanor DUII); penalty.

      (1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:

      (a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150;

      (b) Is under the influence of an intoxicant or a combination of intoxicants; or

      (c) Within two hours after driving a vehicle, and without consuming alcohol in the intervening time period, has 0.08 percent or more by weight of alcohol in the blood of the person, as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150.

      (2) A person may not be convicted of driving while under the influence of intoxicants on the basis of being under the influence of a controlled substance or an inhalant unless the fact that the person was under the influence of a controlled substance or an inhalant is pleaded in the accusatory instrument and is either proved at trial or is admitted by the person through a guilty plea.

      (3) A person convicted of the offense described in this section is subject to ORS 813.020 in addition to this section.

      (4) Except as provided in subsection (5) of this section, the offense described in this section, driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises open to the public.

      (5)(a) Driving while under the influence of intoxicants is a Class C felony if the current offense was committed in a motor vehicle and the person has, at least three times in the 10 years prior to the date of the current offense, been convicted of, or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination:

      (A) Driving while under the influence of intoxicants in violation of this section.

      (B) The statutory counterpart to this section in another jurisdiction.

      (C) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of an intoxicant or a combination of intoxicants.

      (D) A driving offense in another jurisdiction that involved operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.

      (b) For the purposes of paragraph (a) of this subsection, a conviction or adjudication for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction or adjudication.

      (6) In addition to any other sentence that may be imposed, the court shall impose one or more of the following fines on a person convicted of driving while under the influence of intoxicants as follows:

      (a) If the current offense was committed while riding a bicycle, a minimum of $500.

      (b) For a person’s first conviction if the current offense was committed while operating a vehicle other than a bicycle, a minimum of $1,000.

      (c) For a person’s second conviction if the current offense was committed while operating a vehicle other than a bicycle, a minimum of $1,500.

      (d) For a person’s third or subsequent conviction if the current offense was committed while operating a vehicle other than a bicycle, a minimum of $2,000 if the person is not sentenced to a term of imprisonment.

      (e)(A) For a person who drives a vehicle, other than a bicycle, while the person has 0.15 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150, a minimum of $2,000.

      (B) For a person who, within two hours after driving a vehicle, other than a bicycle, and without consuming alcohol in the intervening time period, has 0.15 percent or more by weight of alcohol in the blood of the person, as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150, a minimum of $2,000.

      (C) For a person who rides a bicycle while the person has 0.15 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.140 or 813.150, a minimum of $1,000.

      (D) For a person who, within two hours after riding a bicycle, and without consuming alcohol in the intervening time period, has 0.15 percent or more by weight of alcohol in the blood of the person, as shown by chemical analysis of the breath or blood of the person made under ORS 813.140 or 813.150, a minimum of $1,000.

      (7) Notwithstanding ORS 161.635, $10,000 is the maximum fine that a court may impose on a person convicted of driving while under the influence of intoxicants if:

      (a) The current offense was committed in a motor vehicle; and

      (b) There was a passenger in the motor vehicle who was under 18 years of age and was at least three years younger than the person driving the motor vehicle.

      (8) When the court enters a judgment of conviction for driving while under the influence of intoxicants, the court shall indicate in the judgment document whether the person was riding a bicycle.

      (9) As used in this section, “bicycle” does not include electric assisted bicycles. [1983 c.338 §587; 1985 c.16 §293; 1987 c.138 §5; 1991 c.835 §7; 1999 c.619 §3; 1999 c.1049 §1; 2003 c.14 §495; 2003 c.445 §1; 2007 c.879 §3; 2009 c.525 §1; 2009 c.613 §1; 2017 c.21 §80; 2021 c.253 §6; 2021 c.480 §1; 2023 c.498 §3]

   ORS 813.011 Felony driving under the influence of intoxicants (felony DUII); penalty.

     (1) Driving under the influence of intoxicants under ORS 813.010 shall be a Class C felony if at least two times in the 10 years prior to the date of the current offense the defendant has been convicted of any of the following offenses in any combination:

      (a) Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction.

      (b) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of an intoxicant, as defined in ORS 801.321, or a combination of intoxicants.

      (c) An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.

      (2) Once a person has been sentenced for a Class C felony under this section, the 10-year time limitation is eliminated and any subsequent episode of driving under the influence of intoxicants shall be a Class C felony regardless of the amount of time which intervenes.

      (3) Upon conviction for a Class C felony under this section, the person shall be sentenced to a mandatory minimum term of incarceration of 90 days, without reduction for any reason. [2011 c.1 §3; 2011 c.598 §2; 2021 c.480 §2; 2023 c.498 §6]

   ORS 809.235 Permanent revocation of driving privileges upon conviction of certain crimes; restoration of privileges. 

     (1)(a) Notwithstanding ORS 809.409 (2), the court shall order that a person’s driving privileges be permanently revoked if the person is convicted of any degree of murder and the court finds that the person intentionally used a motor vehicle as a dangerous weapon resulting in the death of the victim, or if the person is convicted of aggravated vehicular homicide, manslaughter in the first or second degree resulting from the operation of a motor vehicle, criminally negligent homicide resulting from the operation of a motor vehicle or assault in the first degree resulting from the operation of a motor vehicle.

      (b) The court shall order that a person’s driving privileges be permanently revoked if the person is convicted of felony driving while under the influence of intoxicants in violation of ORS 813.010 or if the person is convicted for a third or subsequent time of any of the following offenses in any combination:

      (A) Driving while under the influence of intoxicants in violation of:

      (i) ORS 813.010; or

      (ii) The statutory counterpart to ORS 813.010 in another jurisdiction.

      (B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of an intoxicant or a combination of intoxicants.

      (C) A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.

      (c) For the purposes of paragraph (b) of this subsection, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.

      (2)(a) A person whose driving privileges are revoked as described in subsection (1) of this section may file a petition in the circuit court of the county in which the person’s driving privileges were revoked for an order restoring the person’s driving privileges. A petition may be filed under this subsection no sooner than 10 years after the person is:

      (A) Released on parole or post-prison supervision for the crime for which the person’s driving privileges were revoked and any other crimes arising out of the same criminal episode;

      (B) Sentenced to probation for the crime for which the person’s driving privileges were revoked, unless the probation is revoked, in which case the petition may be filed no sooner than 10 years after the date probation is revoked; or

      (C) Sentenced for the crime for which the person’s driving privileges were revoked, if no other provision of this paragraph applies.

      (b) Notwithstanding paragraph (a) of this subsection, if during the revocation period for the crime for which the person was convicted the person is convicted of a criminal offense involving a motor vehicle, the person may file a petition to restore driving privileges as described in paragraph (a) of this subsection no sooner than 10 years from the date of the most recent conviction involving a motor vehicle.

      (c) The district attorney of the county in which the person’s driving privileges were revoked shall be named and served as the respondent in the petition.

      (3) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:

      (a) The nature of the offense for which driving privileges were revoked.

      (b) The degree of violence involved in the offense.

      (c) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation.

      (d) The recommendation of the person’s parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public.

      (e) Any other relevant factors.

      (4) The court shall order a petitioner’s driving privileges restored if, after a hearing described in subsection (3) of this section, the court finds by clear and convincing evidence that the petitioner:

      (a) Is rehabilitated;

      (b) Does not pose a threat to the safety of the public; and

      (c) If the sentence for the crime for which the petitioner’s driving privileges were revoked required the petitioner to complete an alcohol or drug treatment program, has completed an alcohol or drug treatment program in a facility approved by the Director of the Oregon Health Authority or a similar program in another jurisdiction.

      (5) Upon receiving a court order to restore a person’s driving privileges, the department may reinstate driving privileges in accordance with ORS 809.390, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings.

      (6) The provisions of this section do not apply to convictions of driving while under the influence of intoxicants if the offense was committed while the person was riding a bicycle.

      (7) For the purposes of this section, “bicycle” does not include an electric assisted bicycle. [1993 c.761 §2; 1995 c.661 §2; 2001 c.786 §1; 2003 c.346 §2; 2003 c.402 §22; 2005 c.436 §1; 2007 c.879 §4; 2009 c.320 §1; 2011 c.355 §12; 2011 c.554 §1; 2017 c.21 §78; 2021 c.253 §3; 2023 c.498 §9]