Oregon DUI / Drug Laws

OREGON DUI LAWS
Motorists arrested for DUI in Oregon typically take a breath test or other chemical test, like blood or urine. Oregon law is structured to encourage people to take the breath test, and police officers are trained to push them as well. 

The vast majority of those who do submit to breath testing blow a 0.08 or above, the legal limit under Oregon law as well as nationwide.

The State of Oregon prohibits the operation of a motor vehicle by a driver with a .08 percent or above blood alcohol concentration (BAC). The .08 BAC limit is the standard measure of the "impaired" driver across the United States. In addition to the .08 limit, the State of Oregon has lower limits for commercial drivers (.04) and a .02 or Zero Tolerance limit for drivers under the age of 21. The State of Oregon DUII law also prohibits driving under the influence of other intoxicants such as inhalants, marijuana, cocaine and many other drugs.

Oregon's implied consent law means that any person driving a vehicle in the state of Oregon gives their consent to submit to a chemical test of their blood, breath or urine if an officer of the law suspects that the driver is intoxicated. If you refuse to submit to such a test your drivers license will be immediately suspended. You will receive a temporary drivers license that will be effective until the date of your hearing. Refusing to take this test is evidence in court of a DUII. The penalties associated with refusal to submit to  a test are usually harsher than a drunk driving conviction.

1st DUI Conviction
a.)  DUI Diversion Program Possible
b.)  Jail – 48 Hours Minimum up to 1 Year, or
c.)  Community Service – 80 Hours
d.)  Fine - $1,000 Minimum
e.)  Fine - $2,000 Minimum (BAC .15 or Above)
f.)  Fine – Up to $10,000 (If Child under 18 in Vehicle and was 3 Years Younger than Driver)
g.)  Various DUII Fees – $300 Minimum
h.)  License Suspension – 1 Year 
i.)  Ignition Interlock Device – For 1 Year after Suspension
j.)  Complete Drug / Alcohol Treatment Program
k.)  Participation in Victim-Impact Panel Program Required

2nd DUI Conviction
a.)  Jail time up to a year
b.)  Fine - $1,500 Minimum
c.)  Fine - $2,000 Minimum (BAC .15 or Above)
d.)  Fine – Up to $10,000 (If Child under 18 in Vehicle and was 3 Years Younger Than Driver)
e.)  Various DUII Fees – $300 Minimum
f.)  License Suspension – 3 Years (If Within 5 Years of Previous)
g.)  Ignition Interlock Device – For 2 Years after Suspension
h.)  Complete Drug / Alcohol Treatment Program
i.)Participation in Victim-Impact Panel Program Required

3rd DUI Conviction
a.)  Class “C” Felony Offense (If Other Offenses within Last 10 Years)
b.)  Jail – Up to 5 Years
c.)  Fine - $2,000 Minimum
d.)  Fine – Up to $10,000 (If Child under 18 in Vehicle and was 3 Years Younger Than Driver)
e.)  Various DUII Fees – $300 Minimum
f.)  License Suspension – Permanent Revocation
g.)  Ignition Interlock Device – For 3 Years after Suspension
h.)  Complete Drug / Alcohol Treatment Program

OREGON DRUG LAWS
Oregon drug possession laws can be notoriously tough,you probably already know that you are facing a serious criminal offense that could result in jail time. Oregon drug laws are very tough, and judges are not often sympathetic. This makes it particularly difficult when you find yourself charged with possession. The good news is you don’t have to face such charges alone. An experienced Oregon Criminal Defense Attorney understands the laws and knows what you are up against.

When you're charged with drug possession, the penalties you face depend on the type of drug you are caught with and the amount in your possession.

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OREGON CANNABIS LAWS
1.)  It is unlawful for any person knowingly or intentionally to possess marijuana.
2.)  Unlawful possession of marijuana is a Class B felony.
3.)  Notwithstanding subsection (2) of this section, unlawful possession of marijuana is a violation if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae. A violation under this subsection is punishable by a fine of not less than $500 and not more than $1,000. Fines collected under this subsection shall be forwarded to the Department of Revenue for deposit in the Criminal Fine and Assessment Account established under ORS
4.)  Notwithstanding subsections (2) and (3) of this section, unlawful possession of marijuana is a Class C misdemeanor if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae and the possession takes place in a public place, that is within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

Hashish and concentrates are considered marijuana in Oregon and therefore have the same penalties. The only distinction is that 100 grams of hashish or concentrates are required for the offense to be considered a commercial drug offense whereas 150 grams of marijuana is required to be a commercial drug offense. An offense designated a commercial drug offense increases the associated penalties based on the offenders record.

If a person pleads guilty to or is found to be guilty of a marijuana possession offense, the court may, without entering a judgment of guilt, defer the proceedings and place the person on probation if all parties agree to it. If the person violates the terms of the probation, the court may enter a adjudication of guilt and proceed with the case. Upon successful completion of the probation, the court shall discharge the person and dismiss the proceedings. There can only be 1 discharge and dismissal with respect to any person.

Vehicles and other property can be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a criminal forfeiture proceeding. Should the district attorney decide to pursue criminal forfeiture, it shall be brought in the same proceeding as the underlying offense. When property has been seized, a person with an interest in it (other than the defendant) has 15 days from actual knowledge or notice, whichever is earlier, to file a motion to show cause.

Hashish and concentrates are considered marijuana in Oregon and therefore have the same penalties. The only distinction is that 100 grams of hashish or concentrates are required for the offense to be considered a commercial drug offense whereas 150 grams of marijuana is required to be a commercial drug offense. An offense designated a commercial drug offense increases the associated penalties based on the offenders record.

Oregon Medical Marijuana
Fifty-five percent of voters approved Measure 67 on November 3, 1998. The law took effect on December 3, 1998. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana "may mitigate" his or her debilitating symptoms. Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; chronic pain; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources. Patients (or their primary caregivers) may legally possess no more than three ounces of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.

The Oregon law doesn't include a reciprocity provision. However, the Oregon Court of Appeals has ruled (and the Oregon Medical Marijuana Program has confirmed) that patients from out of state are permitted to register with the Oregon Medical Marijuana Program to obtain a registry identification card, the same as an Oregon resident, which will protect them from arrest or prosecution while in Oregon. These out of state patients are required to obtain a recommendation for the medical use of marijuana from an Oregon licensed physician. State v. Berringer, 229 P3d 615 (2010).

House Bill 3052, which took effect on July 21, 1999, mandates that patients (or their caregivers) may only cultivate marijuana in one location, and requires that patients must be diagnosed by their physicians at least 12 months prior to an arrest in order to present an "affirmative defense." This bill also states that law enforcement officials who seize marijuana from a patient pending trial do not have to keep those plants alive. Last year the Oregon Board of Health approved agitation due to Alzheimer’s disease to the list of debilitating conditions qualifying for legal protection.

In August 2001, program administrators filed established temporary procedures further defining the relationship between physicians and patients. The new rule defines attending physician as "a physician who has established a physician/patient relationship with the patient; … is primarily responsible for the care and treatment of the patients; … has reviewed a patient’s medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file."

Also, Senate Bill 1085, which took effect on January 1, 2006, raises the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. However, those state-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an "affirmative defense" of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an "affirmative defense" at trial.

Other amendments to Oregon's medical marijuana law redefine "mature plants" to include only those cannabis plants that are more than 12 inches in height and diameter, and establish a state-registry for those authorized to produce medical cannabis to qualified patients.

Designated primary caregiver is the person that has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition. Primary caregiver does not include the patient’s physician. The caregiver must be 18 years of age or older. A patient may only have one primary caregiver.

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OREGON POSSESSION OF DRUG PARAPHERNALIA
It is illegal for any person to sell or deliver, possess with intent to sell or deliver or manufacture with intent to sell or deliver drug paraphernalia, knowing that it will be used to unlawfully plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.

(2) For the purposes of this section, drug paraphernalia means all equipment, products and materials of any kind which are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the law.

Drug paraphernalia includes, but is not limited to
(a) Kits marketed for use or designed for use in unlawfully planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits marketed for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(c) Isomerization devices marketed for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment marketed for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances marketed for use or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, marketed for use or designed for use in cutting controlled substances;
(g) Separation gins and sifters marketed for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
(h) Containers and other objects marketed for use or designed for use in storing or concealing controlled substances; and
(i) Objects marketed for use or designed specifically for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(A) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens or hashish heads;
(B) Water pipes;
(C) Carburetion tubes and devices;
(D) Smoking and carburetion masks;
(E) Roach clips, meaning objects used to hold burning material that has become too small or too short to be held in the hand, such as a marijuana cigarette;
(F) Miniature cocaine spoons and cocaine vials;
(G) Chamber pipes;
(H) Carburetor pipes;
(I) Electric pipes;
(J) Air-driven pipes;
(K) Chillums;
(L) Bongs;
(M) Ice pipes or chillers; and
(N) Lighting equipment specifically designed for the growing of controlled substances.

OREGON PERSCRIPTION DRUG LAWS
It's against Public Health Law to carry prescription medications outside of their original containers.  Federal and state laws govern the use, sale and distribution of prescription drugs. The Controlled Substances Act of Title 21 Food and Drug Administration U.S. Code 13 for Drug Abuse Prevention and Control is the national regulation, which the states adhere to. According to the 1986 Subsection of. Pub. L. 99-570 to "knowingly or intentionally to possess a controlled substance" not lawfully obtained from a doctor could lead to a year in prison or a $5,000 fine, or both on a first conviction. The penalty for a second offense doubles the penalties.

Prescription sharing includes not only the actual sharing of a prescription drug, but also the theft and unauthorized sale of prescription drugs. Theft can include a family member taking the prescriptions from another member of the household or taking prescriptions from a stranger. The sale of prescription drugs that have been stolen is also prohibited by federal and state law.

OREGON CONTROLLED SUBSTANCES
A controlled substance is any drug (as defined by United States law) that either depresses or stimulates the central nervous system, and therefore has the potential to be abused. These drugs are divided into five classes called Schedule I through V.

Schedule I drugs are usually illegal, such as heroin, LSD and marijuana.

Schedule II drugs include amphetamines, short-acting barbiturates and most narcotic painkillers. Ritalin is also on this list.

Schedule III drugs or other substance has a potential for abuse less than the drugs or other substances in schedules I and II.

Schedule IV drugs have a lower potential for abuse compared to the three schedules above, and include Benzodiazepines like Valium and Xanax, sleeping pills such as Ambien, and longer-acting barbiturates like Phenobarbital.

Schedule V drugs include cough syrups with small amounts of codeine, and anti-convulsants like Neurontin and Lyrica.

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OREGON CONTROLLED SUBSTANCES LAWS
It is illegal to possess any amount of Heroin, Cocaine, Morphine, or LSD in Oregon. As the amount increases, so does the severity of the crime, and the possible sentence. Possession of any controlled substance with a total weight of less than 15 grams is a Class 4 felony with a penalty of 1-3 years in the Department of Corrections and a possible fine of up to $25,000.

Under the Oregon drug laws, it is unlawful to possess a controlled substance unless you have a valid prescription or are entitled to possess the substance through some other provision of the law, i.e. for research, industrial, or medical use. Controlled substances include marijuana, cocaine, heroin, ecstasy (MDMA), LSD, hashish, psilocybin/psilocin (psychedelic mushrooms) and methamphetamine. Controlled substances also include compounds found in common prescription drugs like Vicodin, Lortab, Lorcet, Valium, Klonopin, Xanex, Percoset, Percodan, Oxycontin,and Demerol. These compounds, such as  morphine, barbiturates,  benzodiazepines, codeine, morphine, methadone, and other opiates are also found in generic medications.

To be guilty of Unlawful Possession of Controlled Substances, a person must "knowingly or intentionally" possess the substance. "Possession" covers more than simple physical possession of a controlled substance. In other words, the drugs don't have to be on your person in order to get convicted for drug possession. If you have marijuana hidden in your sock, clearly you are in possession of a controlled substance.  However, under the Oregon drug laws, you are also in possession of a controlled substance if the substance is under your direction and control.  This is called "constructive possession."

Federal and State Drug Laws
The federal government has exercised control over the importation and manufacture of drugs since the mid-1800s. In 1970, Congress passed the Comprehensive Drug Abuse Prevention and Control Act, which took the place of numerous existing drug laws and classified controlled substances into five categories (Schedules I to V), based on their abuse and addiction potential compared to their therapeutic value. Also known as the Controlled Substances Act, this law established regulatory requirements, enforcement mechanisms and penalties for the unauthorized manufacture, distribution or possession of controlled substances.

The most severe penalties involve drugs listed in Schedule I, with the least severe involving Schedule V. Schedule I drugs have a high potential for abuse and no accepted medical use Schedule I drugs include heroin, LSD and marijuana. Schedule II drugs have a high potential for abuse and severe dependence, but have a currently accepted medical use. Schedule II drugs include PCP, cocaine, methadone and methamphetamine. Schedule III drugs have less potential for abuse than Schedule II drugs, a potential for moderate dependency and an accepted medical use. Anabolic steroids and codeine fall into this category. Schedule IV drugs have less potential for abuse than Schedule III drugs, a limited potential for dependency and are accepted in medical treatment. Schedule IV drugs include Valium, Xanax and other tranquilizers and sedatives. Finally, Schedule V drugs have a low potential for abuse, limited risk for dependency and accepted medical uses. These include drugs like cough medicines with codeine.

Most states have drug laws that mirror the Controlled Substances Act. Penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. In state court, a conviction of simple possession might result in court-ordered drug treatment rather than jail, and probation may be available to first-time offenders, even for more serious crimes. However, lesser offenses can result in severe criminal consequences depending on the particular facts of a case or a defendant's prior criminal record. If you’re facing a drug charge, contact a Oregon Criminal Defense Attorney today to schedule a consultation to discuss your case and the legal options available to you.

  • IF POSSESSION OR SALE OF ANY DRUG IS WITHIN 1500 FEET OF A SCHOOL, CHURCH, PUBLIC PARK, OR MOVIE THEATER, COURT MAY DOUBLE THE FINE AND THE SENTENCE.
  • IF A FIREARM IS IN POSSESSION AT THE TIME OF A DRUG ARREST, AT CONVICTION COURT MAY DOUBLE THE FINE AND THE SENTENCE.

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BIKERZWORLD.COM offers State of Oregon DUI Laws and Oregon Drug Laws to inform Motorcyclists traveling in state, cross state and internationally through Oregon of information that may affect their ride. The above information must not be construed as a complete list of all the State of Oregon DUI Laws or Oregon Drug Laws as they are reviewed annually and are subject to addition or modification. If you have been charged with DUI,  the Illegal Possession of a Controlled Substance, and or have been accused of a Firearms-Related Crime while under the influence or in possession of narcotics in this state seek advice immediately from an Oregon Criminal Defense Attorney specializing in Oregon DUI Laws,  Oregon Drug Laws, and or Oregon Gun Crimes.

PLEASE NOTE: You have many rights under the United States Constitution. It’s not unusual for the police to run afoul of these rights during the search and arrest process. If it’s found that your rights were violated, your attorney will likely motion the court to suppress the evidence against you and possibly drop all charges. Even if the evidence is solid and the case looks like a slam-dunk to the prosecutor, your attorney can work with them to come up with a favorable plea agreement, potentially saving you from serving any jail time.