Can You Travel to Canada with a DUII?
In Oregon, intoxicated driving is not called a DUI or DWI; it is referred to as DUII. The state uses the acronym DUII, which stands for driving under the influence of intoxicants, to make it
clear that alcohol is not the only intoxicant that can impair driving. It is illegal to operate a motor vehicle when you are on any drug
that "could affect a person's brain, nervous system, or muscles as to impair." This does not just include drugs such as alcohol and
marijuana; it also includes legal drugs and prescription medication as well.
Anyone with a misdemeanor DUII on their criminal record may not be allowed to enter Canada unless they have received permission from the
government to do so. Similar to a standard DUI, the Canadian equivalent of a DUII is an indictable offense meaning any DUII arrest or conviction can render a person
inadmissible to Canada due to criminality. A DUII offender can obtain permission to cross the Canadian border by applying for a Temporary Resident Permit or
Criminal Rehabilitation. A Temporary Resident Permit or TRP can permit an individual to enter the country multiple times for as long as three years, while
Criminal Rehabilitation will enable them to overcome their criminal inadmissibility permanently. In order to be eligible to apply for Canada
Rehabilitation, however, five years must have passed since completion of the full DUII sentence.
Interested in traveling to Canada with an Oregon DUII on your criminal record? Phone our team now for a free consultation.
DUII Oregon Penalties
A first offense DUII in Oregon can result in a fine of $1000 to $2000, a one year license suspension, and 48 hours to one year imprisonment. A second
offense DUII can result in a $2000 to $10,000 penalty, a three year driver's license suspension, and up to 12 months in jail. A third DUII offense
is punishable by up to five years behind bars, a fine as large as $10k, and a permanent suspension of the person's driver license. People who
have been convicted of DUII at least two times prior in the previous ten years can also be charged with a Felony DUII offense.
Oregon also utilizes enhanced penalties for people driving under the influence of intoxicants (DUII) with a child in the car, or with a blood alcohol
concentration in excess of 0.15%. When it comes to administrative penalties, reinstatement of license after a DUII frequently requires
attendance at an alcohol or substance abuse awareness program. DUIIs also often result in an individual needing to install an Ignition
Interlock Device (IID) in their car in order to begin driving again. Oregon has a zero tolerance law for underage drivers, meaning anyone
under 21 can be charged with drunk driving if they have a blood alcohol content (BAC) above 0.00%. Commercial drivers in the state can be charged with
drinking and driving if they have a BAC greater than 0.04. Under Oregon's implied consent laws, refusal of breathalyzer can result in a one year to three year license suspension as
well as a fine of $500 to $1000.
Oregon uses a variety of tests to determine if a person is driving under the influence of intoxicants. These include breath tests, chemical
tests, urine tests, and blood tests. A urine test is very accurate at detecting the presence of controlled substances and inhaled
substances in the body. The breath test or breathalyzer is the most common DUII test and anyone who refuses one
can be charged. Refusing to take a urine test or blood test can also lead to charges as well as a license suspension.
Does a DUII Require "Driving"?
Although the name contains the word "driving", the underlying action required to trigger a DUII is actually "operating a motor vehicle," not driving one. A person
can be charged with a DUII for simply having actual physical control of a motor vehicle while drunk, such as sleeping in the front seat after a night of heavy partying. For this reason, many
jurisdictions use terms such as operating while intoxicated (OWI) to better reflect the nature of the offense.