Oregon DUII Law Changes in 2024

A serious car accident can happen when you least expect it and turn your life upside down in the blink of an eye. If you were in a crash that an impaired driver caused, it can be all the more upsetting.

An expansion to the Oregon DUII laws in 2024 may impact your car accident claim. The updated statute extends the types of substances that could result in an individual being under the influence and thus too impaired to drive. This article will give an overview of the DUII bill and its legal implications in some accident cases.

At Johnston Law Firm, we take pride in advocating for the legal rights of Oregon DUII accident victims. Our legal team is adept at holding drivers accountable for the damages their negligent and reckless actions cause. 

If you have been in an accident with an intoxicated or otherwise impaired driver, call Johnston Law Firm or fill out our online contact form for a free consultation. We are standing by to answer your questions and guide you through your DUII claim.

Substances That Could Result in a DUII Charge in Oregon

Previously, Oregon defined a DUII as something that happens when a driver is impaired by such things as alcohol, inhalants, psilocybin, cannabis, or other controlled substances. However, House Bill 2316 significantly broadens what substances can be considered intoxicants. Any substance found in an individual’s system that leads to impairment behind the wheel can now result in a DUII.

This means that over-the-counter drugs, such as cold medication or cough syrup, if not used according to the manufacturer’s recommendations, could lead to impairment and a subsequent DUII. Even drinking excessive amounts of caffeine or taking a supplement to avoid drowsiness could potentially lead to prosecution under this law if a person causes an accident or is stopped for some other driving infraction.

Most people take over-the-counter drugs in good faith, thinking that if they feel good enough to drive, it is safe to do so without risk to themselves or others on the road. Unfortunately, a dosage mistake or a combination of drugs that don’t mix well could inadvertently and unexpectedly impair a driver. Thus, it is in everyone’s best interest to carefully manage how you take any medication and consider whether you are alert and stable enough to get in the driver’s seat.

Legal Consequences for Impaired Drivers Under Oregon Law

Driving under the influence of intoxicants is not a trivial matter. Steep penalties can be imposed on the impaired driver.

Depending on the severity of the accident or traffic violation and the driver’s history, some potential consequences for a DUII conviction include:

• Fines: A person facing a DUII charge will likely have to pay a significant financial penalty

• License suspension: An impaired driver may lose his or her driver’s license for a length of time
• Jail or prison time: A DUII can result in criminal charges and, depending on the circumstances, can be a misdemeanor or felony; the 2024 updated bill includes stricter felony ramifications for a DUII conviction
• Probation: If the defendant is free on probation, he or she will be closely monitored for some time
• Substance abuse treatment: A person convicted of a DUII is often required to enter a treatment program
• Education courses: As a condition of a more lenient sentence, someone facing a DUII charge may need to participate in substance abuse education courses
• Community service: A judge may require mandatory community service to hold the driver accountable for what happened
• Ignition interlock device (IID): After a DUII conviction, some drivers are required to have an IID installed in their vehicles, a device requiring the driver to blow into a mouthpiece that will detect his or her blood alcohol concentration (BAC); the car will not start if the person’s BAC is above the allowed limit

Clearly, a DUII conviction can have serious repercussions. If you have been in an accident with an impaired driver who you believe could be charged under the DUII statute, a knowledgeable personal injury lawyer can investigate the events that led up to the incident and help you establish the facts of what occurred. On the other hand, if you feel you are being unjustly implicated under the new provisions of this law, a lawyer can assist you in making a proper defense.

Reach Out to an Experienced Oregon Personal Injury Law Firm for Advice

Advocates for the new Oregon DUII bill say it closes a loophole that had allowed some drivers to escape prosecution when toxicology reports showed an over-the-counter medication in their system in combination with alcohol or other substances. That said, DUII claims and allegations are impacted by many individual factors and are best handled by a well-practiced attorney.

Moreover, accidents involving intoxicated or impaired drivers can have an especially emotional fallout. When the damages are significant or even catastrophic, you need assistance to get your life back on track after such an incident. At Johnston Law Firm, we feel honored to help injured Oregonians move forward from tragic events.

Don’t wait to get the help you need after a DUII accident! Call Johnston Law Firm directly or fill out our online contact form for a free case review. Learn what our award-winning legal team can do for you.