While most states use the acronym DUI the state of Oregon uses DUII. DUII stands for Driving Under the Influence of Intoxicants. Much like a DUI, a DUII is not limited to solely drunk driving. Any type of intoxicant that is altering a driving state give Oregon police the legal right to arrest an offender. That said, the most commonly charged offense for a DUII in Oregon is drunk driving.
As an experienced Portland DUI Attorney I am often presented with questions related to how Oregon DUII laws compare to other states, especially in the Western part of the United States. There are drivers from Phoenix, Ariz. who are on vacation or thinking about making a move for personal reasons who receive traffic and/or driving citations and they want to know their legal rights. Below you will find a comparison of Arizona DUI laws and Oregon DUII laws:
Jail Time for a DUI in Arizona
Jail Time for a DUII in Oregon
The maximum jail time for an Oregon DUI offense is very severe, especially when compared to other states.
License Suspension for a DUI in Arizona
License Suspension for a DUII in Oregon
The fact that a third time offender will permanently have their license suspended in the state of Oregon is very severe. In Arizona, third time offenders will only have their license suspended for one year. This is a huge difference.
While the penalties may seem severe in the state of Oregon there are opportunities to reduce or dismiss DUII charges. It is important to note that the state of Oregon does not allow DUI offenders to plead down DUI charges to lesser offenses. There is a DUI Diversion Program which is a one year program that is offered to first time offenders who desire to have their DUI charge dismissed. This program requires the payment of fines, attendance of a victim’s class, and an alcohol evaluation and treatment.
Another interesting bit of information is the state of Oregon has found DUII checkpoints to be unconstitutional. You can find state by state DUI checkpoint laws here. In Arizona, DUI checkpoints are conducted at least once per month and it is upheld by the Federal Constitution. When driving in the state of Oregon, you may notice there are not checkpoints at any time throughout the year including July 4th and New Year’s which tend to be the time in which law enforcement officers are actively keeping the roads free of drunk drivers.
When receiving a DUI citation in either Arizona or Oregon it is imperative to contact a board certified legal professional who has experience in each respective state’s court system. As you can clearly see from the comparison of penalties, each state is quite different. The same holds true when it comes to the process for reduction or dismissal of charges.
If you would like to know more about reducing or dismissing your DUII charge in Portland, Oregon contact Mr. Andy Green today. You can also find more information related to Oregon DUII laws at his legal blog.
Andy Green is a Portland, Ore.-based attorney specializing in DUI, criminal defense and personal injury cases. Before starting his own law practice he worked for the Multnomah County District Attorney’s Office where he gained trial experience. He has defended clients all over the state of Oregon.
Fill out the form below to recieve a free and confidential intial consultation.
Click here for important legal disclaimer.
10.0 Superb Rating
AVVO Criminal Defense
AV-Highest Rated Preeminent Lawyers
National Association of Criminal Defense Lawyers
Criminal & DUI Defense
Voted #1 (2020)
Top 1% Attorney
National Association of Distinguished Counsel
Top 100 Trial Lawyers
American Trial Lawyers Association
Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys
Client Satisfaction Award
American Institute of DUI / DWI Attorneys
Top 100 Lawyer
American Society of Legal Advocates
National College for DUI Defense
Top 10 Attorney
National Academy of Criminal Defense Attorneys
DUI Defense Lawyers Association
Best Attorneys of America
American Bar Foundation
Arizona Trial Lawyers Association
America's Top 100 Criminal Defense Attorneys
American Association for Justice
Arizona Attorneys for Criminal Justice
Superior DUI Attorney
National Advocacy for DUI Defense
2019 Litigator of the Year
American Institute of Trial Lawyers
Member Since 1989
American Bar Association