A new law expanding DUII laws is awaiting the governor’s signature. House Bill 2316 was pushed by the Oregon District Attorneys Association. It earned bipartisan support in the 2023 Legislature. Merely one House Democrat voted against it. The law would affect the 25,000 people a year in Oregon who are arrested for DUII, and their victims. According to Oregon Driver & Motor Vehicle Services, 387 people in 2021 were killed in crashes involving someone who was impaired by drugs or alcohol.
The 2023 version of the bill grants exceptions if a driver is found to have followed the warnings and instructions on a prescription or over-the-counter medicine — or if they had an unexpected, adverse reaction. In Oregon, a person commits the offense of Driving Under the Influence of Intoxicants (DUII) when they drive a vehicle on a premise open to the public while either: having 0.08% or more by weight of alcohol in their blood as shown by a chemical analysis or while being “under the influence” of liquor (drunk driving), controlled substances (drugs), or a combination of both.
There more to the bill than meets the eye. For instance, HB 2316 would also lower the fines and penalties for bicyclists accused of DUII, who face the same punishments as motorists under current law. That includes the suspension or revocation of their driver’s licenses, possibilities that would go away for bicyclists. Moreover, less severe consequences would not apply to e-bikes.
Oregon’s law against drunken driving will no longer be one of the narrowest in the country. Oregon will join 46 other states that prosecute drivers when they’re impaired by any drug. Advocates said the bill would close a loophole that has allowed some drivers to escape prosecution when toxicology reports have shown an over-the-counter medication in their system in combination with alcohol or other drugs.
Right now, Oregon defines DUII as something that happens when a driver is impaired only by alcohol, inhalants, psilocybin, cannabis or controlled substances — not over-the-counter medications such as cough syrup or combinations of drugs that can impair people when mixed.
