Community Safety

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Information & Policies

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What are the laws?

Oregon's laws are changing! The decriminalization trend of the '70s are swinging now to stiffer drug and alcohol penalties toward offenders. There are now strong laws allowing cars, boats, and other forms of transportation to be seized or forfeited when drugs and alcohol are involved.

State Laws Involving Drug Violations
Oregon Crime Definitions
Driving Under the Influence

State Laws Involving Drug Violations

The following are state laws involving drug violations:

Penalties for possession in the state of Oregon

Maximum prison Time

Maximum fine

Class B felony

Heroin, LSD, other hallucinogens, marijuana, others

10 years

$100,000

Class C felony

Methadone, morphine, cocaine, amphetamine, PCP

5 years

$100,000

Class A misdemeanor

Non-amphetamine, stimulants, some stimulants

1 year

$2,500

Class C misdemeanor

Valium-type tranquilizers, some less potent depressants

30 days

$500

Violations

Dilute mixtures, compounds with
small amounts of controlled drugs


none

$1,000

In addition to state and federal laws, the city of Portland municipal code also addresses drugs and alcohol usage.

All of the following violations are punishable by imprisonment of up to 6 months in jail and a fine of not more than $500, or both:

  • Driving under the influence of liquor or drugs (Sec. 16.12.010).
  • Selling, possessing, or consuming any alcoholic beverage in any park without a permit (Sec. 20.12.040).
  • Driving while intoxicated (Sec. 16.12.012)

0.08% is the legal intoxication limit in Oregon.

Oregon Crime Definitions

Crime-ORS 161.515

  • A crime is an offense for which a sentence of imprisonment is authorized.
  • A crime is either a felony or a misdemeanor.

Felony-ORS 161.525

A crime is a felony if it is so designated in any statute of this state or a person convicted under the statute of this state may be sentenced to a maximum term of imprisonment of more than one (1) year.

Misdemeanor-ORS 161.545

A crime is a misdemeanor if it is so designed in any statute of this state or if a person convicted thereof may be sentenced to a maximum term of imprisonment of not more than one (1) year.

Violation-ORS 161.565: (b)

The statute prescribing the penalty for the offense provides that the offense is punishable only by a fine, forfeiture, fine and forfeiture, or other civil penalty.

Other crimes you should know

Misrepresentation of age by a minor-ORS 165.805 • Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit, or privilege which by law is denied to persons under that certain, specified age. Misrepresentation of age by a minor is a Class C misdemeanor.

Driving Under the Influence

It's Money Out of Your Pocket

Oregon has strong drinking and driving laws. 0.08 percent is the maximum blood alcohol limit in the state. If you are convicted of a drunk driving offense, the court is required to impose the following penalties:

  • You will be ordered to pay any and all court fees.
  • You must undergo an examination by an agency or organization to determine if you have a problem condition involving alcohol or controlled substance (you pay all fees involved with this examination).
  • You will complete a treatment program (again you get the bill).
  • You will serve at least 48 hours in jail, minimum security facility (restitution center), or inpatient treatment center.
  • You will lose your means of transportation.

The chart below shows the approximate blood alcohol percentages according to body weight.

1 drink= 1 oz. of 80 proof liquor, or a 12 oz. beer, or 5 oz. of non-fortified table wine. Subtract 10% for each 40 minutes of drinking.

Blood Alcohol Levels

Number of drinks

Weight

100 lbs

120 lbs

140 lbs

160 lbs

180 lbs

200 lbs

220 lbs

240 lbs

1 drink

0.04

0.03

0.03

0.02

0.02

0.02

0.02

0.02

2 drinks

0.08

0.06

0.05

0.05

0.04

0.04

0.03

0.03

3 drinks

0.11

0.09

0.08

0.07

0.06

0.06

0.05

0.05

4 drinks

0.15

0.12

0.11

0.09

0.08

0.08

0.07

0.06

5 drinks

0.19

0.16

0.13

0.12

0.11

0.09

0.09

0.08

6 drinks

0.23

0.19

0.16

0.14

0.13

0.11

0.10

0.09

7 drinks

0.26

0.22

0.19

0.16

0.15

0.13

0.12

0.11

8 drinks

0.30

0.25

0.21

0.19

0.17

0.15

0.14

0.13

9 drinks

0.34

0.28

0.24

0.21

0.19

0.17

0.15

0.14

10 drinks

0.38

0.31

0.27

0.23

0.21

0.19

0.17

0.16

Oregon has an open container law. It is unlawful to drink any alcoholic beverage while operating a motor vehicle. It is also unlawful to possess any open or seal broken container of liquor while operating a motor vehicle. This does not apply to containers stored in the trunk or an area of the vehicle not normally occupied by the driver or passenger(s). The open container violation is a Class B traffic infraction. (Oregon Vehicle Code 811.170)