Drunk Driving and Driving Under the Influence of Intoxicants in Oregon

Oregon law prohibits driving under the influence of intoxicants (DUII.) Simply by operating a motor vehicle, you impliedly consent to provide a breath or blood sample or perform field sobriety tests if requested by an officer.

If you have been accused of DWI or DUI, contact our DUI defense lawyers online or call us at 503-626-1808.

Conviction for DUII can result in serious penalties including the following:

• Loss or suspension of license
• Large fines
• Substance-abuse treatment
• Jail or prison time
• Community service
• Restitution
• Criminal record
• Restrictive probationary license programs, including ignition interlock devices and additional insurance premiums

Driving Under the Influence

There are many misconceptions about the law regarding drunk driving and driving under the influence. For clarification, the following are true:

• You don't have to be drunk to be convicted of DUI, DUII or DWI. You need only be "impaired" to a noticeable degree.
• You can be arrested even if your blood alcohol level is lower than .08
• Intoxication or impairment is not always caused by alcohol. Other substances can cause intoxication or impairment, including prescription medications (such as anti-depressants and pain killers,) drugs (such as marijuana and methamphetamines,) or a combination of alcohol and other controlled substances.

Our attorneys are committed to defending the rights of those accused of driving under the influence of intoxicants.

Beware of Ethyl Glucuronide (EtG) Testing

When an individual has consumed alcohol or been exposed to a product containing alcohol, the body produces a chemical called Ethyl Glucuronide or EtG. New testing can detect EtG in a person's urine up to 80 hours following consumption or exposure to alcohol.

Unfortunately, the accuracy of EtG testing is not well-established. In fact, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) has found as follows:

"Currently, the use of an EtG test in determining abstinence lacks sufficient proven specificity for use as primary or sole evidence that an individual prohibited from drinking, in a criminal justice or a regulatory compliance context, has truly been drinking. Legal or disciplinary action based solely on a positive EtG . . . is inappropriate and scientifically unsupportable at this time. These tests should currently be considered as potential valuable clinical tools, but their use in the forensic setting is premature."

The problem with EtG testing is that consumption or exposure to medicines and other products containing alcohol may yield a positive test result. These products include:

• Alcohol-based hand sanitizers (such as Purell)
• Cough syrups containing alcohol
• Household cleaning products
• Denatured alcohol
• Mouthwash
• Desserts containing alcohol
• Wine Vinegar
• Products containing ethanol

People who have been exposed to alcohol through any of these products could be accused of drinking even though they haven't technically consumed alcohol. Many people are revoked from diversion programs, accused of violating their probation, or face revocation of a professional license. In some cases, medical professionals such as doctors and nurses have lost their professional licenses and employment due to EtG results which were a result of incidental exposure and not actual consumption of an alcoholic beverage.

If you have been accused of consuming alcohol based on a positive EtG result, contact our law firm online or call us at 503-626-1808.