Oregon Liquor Laws and Penalties Guide
Alcohol laws aren’t the same in every state. It would be a mistake to assume that Oregon liquor laws are the same as surrounding states. When it comes to buying and drinking alcohol, don’t be caught unaware. The law is not something you want to be wrong about. So let’s get caught up on current Oregon liquor laws to protect you from unknowingly making a decision that could negatively affect your future. If you need a lawyer for a DUI or other alcohol-related issue, contact us for your free legal consultation or give us a call.
What Age Can You Serve Alcohol in Oregon?
It’s common for teenagers and high schoolers to work in hospitality. In many cases, this means they will be required to serve and sell alcohol. In Oregon, you must be an adult to sell alcohol or drink off-site. Of course, this means you must be at least 18 years of age. So as long as you are 18 or older, you can work as a bartender, server, or cashier in the state of Oregon.
How Late Can You Buy Alcohol in Oregon?
In Oregon, only people 21 or older may enter a retail alcohol store, unless you are with a person who is of that legal age. It’s even illegal for someone under 21 to attempt to purchase alcohol. Retailers may sell spirits between the hours of 7:00 am and 2:30 am every day of the week.
Open Container Law Oregon
The open container law in Oregon states that you can’t have any containers of alcohol open in your vehicle. This is the case whether your vehicle is moving or parked. The law forbids even passengers from having an open container. There cannot be open alcoholic drinks in any seating area of your vehicle. Only limousines are exempt from this law. Passengers in a limo can consume alcohol only in the passenger area of the vehicle.
Drinking Age Oregon
There tends to be a lot of confusion when it comes to the drinking age in Oregon. It can get complicated! Hopefully, we can clear a few things up so there’s no room for doubt.
According to the State of Oregon Liquor Control Commission, “Oregon law prohibits anyone, except a parent or legal guardian, to provide alcohol to a minor or juvenile. A minor is any person under the age of 21 and a juvenile is any person under the age of 18. Parents or guardians may legally provide alcohol only to their minor child in a private residence when accompanying their child. A parent cannot transfer this responsibility to another adult or to a public place. If you allow your property and/or home to be used for a party where minors consume alcohol, other than your children in your presence, you may have to forfeit property and may be issued a citation to circuit court…”
Legal Alcohol Limit Oregon
In Oregon, non-commercial drivers aged 21 and older are considered legally drunk when their blood alcohol level is .08 or more. Drivers under 21 are considered legally drunk when any amount of alcohol is detected in their blood. If you drive a commercial vehicle, including school buses, you are legally drunk when your blood alcohol level reaches .04 or higher. Drunk driving in Oregon has penalties and consequences you should be aware of. A DUI is a Class A Misdemeanor, except when the offender has been convicted of a DUI at least three times in the 10 years leading up to the date of the current offense. If this is the case, the offender commits a Class C felony.
Class A misdemeanors can land you up to one year in prison, a fine of $6,250, or possibly both. Class C felonies will obviously have more harsh consequences with potentially 5 years in prison, a fine of up to $125,000, or both. There are certain punishments that always follow DUI penalties regardless of whether or not it’s a felony or misdemeanor:
● For a first-time conviction, the minimum fine is $1000 and your driver’s license will be suspended for 90 days.
● For a second conviction, the minimum fine is $1500 with a license suspension of one year if the second offense happened within 5 years of the first.
● If a third conviction takes place, the minimum fine is $2000 if the offender isn’t sentenced to prison time. There will be a three-year driver’s license suspension if the third conviction happened within a five-year period from the first and second convictions. The offender’s license will be revoked if a fourth conviction is issued within a 10-year period.
Selling Alcohol in Oregon
It’s against the law to sell alcohol to anyone under 21. It’s also illegal for a minor in Oregon to enter an establishment licensed to sell alcohol that does not allow minors. If caught selling to a minor, your first offense brings imprisonment of up to one year and/or a fine of $500. A second offense is the same but with a fine of $1000. A third brings a fine of $1500 and imprisonment of at least 30 days, but not more than a year. These same penalties and fines apply to selling alcohol to someone who is visibly intoxicated.
Retailers face liability for injuries or damage caused by serving alcohol to intoxicated people when it results in a crash as well. It isn’t commonly known, but it’s actually a crime to use a false ID. Alcohol sellers have the right to confiscate fake IDs. On top of that, retailers may sue anyone who uses a fake ID to buy spirits and may recover losses they have from making the illegal sale.
The state of Oregon has a history of regulating the sale and consumption of alcoholic beverages. Dating as far back as prohibition, it has been an alcoholic beverage control state, holding a monopoly over the sale of packaged distilled spirits. This includes beverages including vodka, gin, bourbon, scotch, rum, tequila, etc. Currently, there are thriving industries producing wine, beer, and liquor in the state. For the first time in 2020, Oregon began to allow alcohol to be sold via home delivery services.
Conclusion on Oregon Liquor Laws
If you’ve found yourself facing drunk driving charges in Oregon or need legal representation for any reason, give Shannon Powell at Powell Law a call. He can provide you with the professional, experienced, and passionate representation you need. You won’t find an attorney who will work harder or be more prepared to defend you on all charges than Shannon Powell. We represent anyone, no matter the situation! We serve the entire Portland area including Beaverton, Portland, Hillsboro, Tigard, and more.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
