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Driving Under the Influence of Intoxicants
Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding driving under the influence of intoxicants is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

People often believe that this law only covers "drunk driving." The prosecutor, usually the district attorney, does not need to prove that you were drunk or intoxicated in order to prove the offense of driving under the influence of intoxicants. Instead, under the definition of the law in this state, you are guilty of the charge if you are merely affected to some perceptible degree by the intoxicant you have consumed. The test is whether you lack the clearness of mind and physical control that you normally possess because of the intoxicant you have consumed. Intoxicants include "controlled substances"--certain drugs, or alcohol, or a combination of both. If you are in such a physical condition through the use of medication, drugs or even fatigue so that you become affected by a lesser amount of intoxicant than would normally affect you, you are still guilty of the charge of driving under the influence of intoxicants if your mental or physical faculties are affected to a noticeable degree. The offense may be committed on a public highway or on premises open to the public. Therefore, the law applies to areas such as parking lots, transit station parking facilities, and school yards, but does not apply to driving on private land not open to the public.

The prosecutor usually relies upon the opinion testimony of police officers who have made the arrest. That opinion is usually based upon the officers' observations of any unusual or erratic driving and your appearance after the stop, your walking, standing, and speaking. The opinion also can be based upon the statements, if any, you make to the officer.

An officer also may ask you to do certain balance tests or certain memory tests commonly called "field sobriety tests." If you are warned that your refusal to perform such tests may be admitted in court against you, your refusal to perform such tests may not be admitted in court. Once an officer has placed you under arrest, he or she is required to read you your constitutional rights. You have no legal obligation to say anything to the police officer at any time other than to present your driver's license and vehicle registration. Anything you do say can be used against you at trial.

The prosecutor may use the chemical analysis of your breath or blood to prove the offense of driving under the influence of intoxicants. This analysis is usually done by testing your breath with an intoxilyzer machine. If you submit to a breath test, you may request a blood test or other form of test to measure the alcohol content of your blood. If you have been arrested for driving under the influence of intoxicants, and you agree to take a breath test, that evidence generally can be used against you in a trial of the case. You may wish to read TEL-LAW topic number 516, "Must I take a chemical breath test?" for information on your legal rights concerning the breath test. If the test is valid, and it shows a blood alcohol reading as measured by your breath of .08 percent or more by weight of alcohol in the blood, you can be found guilty of driving under the influence of intoxicants whether or not you were driving erratically or showed any visible signs of being under the influence. However, the demand for a blood test will not affect the consequences of a refusal to take a breath test.

Driving under the influence of intoxicants has extremely serious consequences. If found guilty on a first offense, you could be fined $5,000.00, your driver's license will be suspended for one year, and you will be required to submit to an alcohol evaluation at your own expense and to complete any treatment program recommended by the evaluator, and you could receive one year in the county jail.

The court may also order:

There is a special program called a diversion program available to first offenders. As a first offender, you can qualify for a diversion program UNLESS:

To qualify for a diversion program, you must certify by a sworn statement that none of the above grounds for disqualification applies to you. If you previously plead guilty without a lawyer, under some circumstances a prior conviction will not be counted against you.

If the diversion program is successfully completed, the citation will be dismissed, but a diversion will appear on your driving record. Your insurance rates will be affected by the record of your diversion by an increase in premiums almost as if you had been convicted of driving under the influence of intoxicants.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.