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The DUII Stop

ORS 813.010, ORS 813.100 and ORS 813.300 — 0.08 percent, any amount under 21, and a license taken on refusal

Driving under the influence of intoxicants is driving with 0.08 percent or more of alcohol in the blood, shown by a breath or blood test, or within two hours after driving without drinking since; or driving under the influence of an intoxicant or a combination of them. It is a Class A misdemeanor, and a Class C felony after three prior convictions in the 10 years before.

  • ORS 813.010
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Consent is implied, after an arrest. A person who drives on Oregon highways or premises open to the public is deemed to consent to a breath test, or a blood test if receiving medical care right after a crash, once arrested for driving under the influence. The person is told of the consequences and rights first. On a refusal or a failed test, the officer takes the license and gives a written notice of intent to suspend.

  • ORS 813.100

Testing is also limited by the Fourth Amendment. The Supreme Court of the United States has held that a breath test may be taken without a warrant as part of a lawful arrest for drunk driving and a blood test may not; that a driver may not be criminally punished for refusing a blood test where no warrant was obtained; and that the natural fall of alcohol in the blood does not by itself create an emergency excusing a warrant in every case, which is decided case by case on all the circumstances. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Birchfield v. North Dakota
  • Missouri v. McNeely

Under 0.08 percent is evidence that may be weighed with other evidence. For a person under 21, any amount of alcohol counts as being under the influence for the implied consent law.

  • ORS 813.300
Sources for this section (5)
  1. ORS 813.010 — Driving under the influence of intoxicants
  2. ORS 813.100 — Implied consent to breath or blood test
  3. ORS 813.300 — Use of blood alcohol percentage as evidence
  4. Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
  5. Missouri v. McNeely, 569 U.S. 141 (2013) — The natural fall of blood alcohol is not by itself an emergency justifying a warrantless draw

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.

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