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OREGON DUII GUIDE



David N Lesh
Oregon DUII Attorney
Oregon Super Lawyer 2018, 2019, 2020, 2021, 2022

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What is the alcohol limit for legal driving in Oregon?

In Oregon, a driver can be found guilty of the crime of DUII if any of the following apply:

      (a) The driver 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;

 

      (b) The driver is under the influence of intoxicating liquor, cannabis, a controlled substance or an inhalant;

 

      (c) The driver is under the influence of any combination of intoxicating liquor, cannabis, a controlled substance and an inhalant;

 

     (d) 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.

ORS 813.010.  As you can see from paragraph (a), the legal limit in Oregon is .08%.  However, as noted in paragraph (b), you can be found guilty of DUII with a lower blood alcohol content if you are "under the influence" or affected by the alcohol consumption.  Also, you can be found guilty of DUII if you have no alcohol in your system if you are under the influence of a controlled substance.

For implied consent (license suspension) purposes, the "legal limit" is:

      .08% for persons over 21 years of age;

      .01% for persons under 21; and

      .04% for CDL drivers if they are driving a commercial motor vehicle.

For pilots, the FAA prohibits flying with a BAC of .04% or greater.  Many airlines also prohibit flying within 8 or 12 hours of drinking alcohol.  The FAA has an 8 hour bottle to throttle rule.  Keep in mind that if you consume a substantial amount of alcohol, you can exceed .04% even if you stop drinking 12 hours before being tested.




About the Author of the Oregon DUII Guide: 

David Lesh is a Portland attorney emphasizing DUII and criminal defense.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor and lawyer to the Portland Police Bureau.  He was named an Oregon Super Lawyer in each year from 2018-2022.  His law practice has an A+ BBB rating.

Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935   |   Email: duii @ outlook.com (no spaces)

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Websites, including this one, provide general Oregon DUI information and processes but do not provide legal advice or create a lawyer / client relationship.  General information cannot replace legal advice specific to your case, problem, or situation.  Consult qualified Oregon attorneys for advice about any specific problem or DUI charge that you have.  Oregon attorneys are governed by the Oregon Code of Professional Responsibility.   This website may be considered an advertisement for services under the Code.  Information contained in this website is believed to be accurate but is not warranted or guaranteed in any way.  ORS 813010.

 

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