Underage and Minor DUI Charges in Oregon

Are you an underage minor (under the age of 21) charged with DUI? Are you a parent of a child who has been arrested or cited for DUI? We can help.

Underage and Minor DUI Charges in Oregon

Oregon DUI Laws for Minors Under the Age of 21

It is unlawful for persons under the age of 21 to drink or even possess alcohol in Oregon. In fact, even mere possession of alcohol by a minor can be charged as what is called “Minor In Possession (MIP).” The presumptive fine for MIP is $260, and the maximum fine is $1,000. There is also a one year driver’s license suspension for the first conviction of MIP. However, although it may be lifted after 90 days in some cases. Driving while under the age of 21 and after drinking alcohol raises much more serious potential penalties.

For adults, driving with a blood alcohol content (BAC) of .08 constitutes presumptive evidence of Driving Under the Influence of Intoxicants (DUI or DUII). If you are a commercial truck driver, driving with a BAC of only .04 or higher constitutes presumptive evidence of DUI. However, if you are under the age of 21, any alcohol on your breath or in your blood constitutes presumptive evidence of DUI for the purposes of an administrative license suspension. Even a BAC of 0.01% can cause a driver’s license suspension.

In addition to an administrative DMV suspension, even BACs below the .08 standard can result in criminal charges. Much depends on the city or county in which the underage DUI arrest occurred. Some counties will file DUI charges with BACs of .07, .06, .05, and even .04 or .03. Some counties will file DUI charges with no breath or blood test reading at all (such as in cases where the driver has refused a breath or blood test).

Many underage DUI charges are transferred out of juvenile court and into the adult court system. The maximum penalty for underage DUI charges filed in adult court is one year in jail, five years of probation, a $6,250 fine, and a one-year driver’s license suspension.

Hire an Oregon DUI Attorney for Underage DUI Defense

Oregon laws concerning underage DUI charges are complicated. There are both administrative and criminal laws that apply. There can also be some interplay between the juvenile court system and the adult criminal court system. Oregon’s DUII Diversion Program may be a good solution for criminal charges, but entry into diversion will not eliminate the administrative driver’s license suspension. A DMV hearing may instead be needed.

If you an underage minor (under the age of 21) charged with DUI or if you are a parent of a child who has been arrested or cited for DUI, contact our office right away to discuss your options.

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