Oregon DUI Laws, Fines and Penalties

Learn about the penalties for a DUI conviction in Oregon.

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What are the penalties for a DUI in Oregon?


1st Offense

2nd Offense

3rd Offense

Jail

48 hours up to 1 year

Up to 1 year

Up to 5 years

Fines and Penalties

$1,000 to $2,000

$2,000 to $10,000

$2,000 to $10,000

License Suspension

1 year

3 years

Permanent

IID** Required

Yes

Yes

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Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI in Oregon?

Under 21

.00% (zero tolerance)

21 or older

.08%

Commercial

.04%

**BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Oregon?

Oregon has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Oregon’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

1 year license suspension; fine of $500 - $1,000

3 year license suspension; fine of $500 - $1,000

3 year license suspension; fine of $500 - $1,000

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Oregon?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in Oregon.

Drinking and Driving Laws in Oregon

The State of Oregon prohibits the operation of a motor vehicle by a driver with a .08 percent or above blood alcohol concentration (BAC). The .08 BAC limit is the standard measure of the "impaired" driver across the United States. In addition to the .08 limit, the State of Oregon has lower limits for commercial drivers (.04) and a .02 or Zero Tolerance limit for drivers under the age of 21. The State of Oregon DUII law also prohibits driving under the influence of other intoxicants such as inhalants, marijuana, cocaine and many other drugs.

How many drinks does it take to reach the legal limit in Oregon? This question is often asked by drivers who want to know how many drinks they can have before they are considered legally drunk. There are charts and calculators to help you determine your blood alcohol concentration based on weight, number of drinks and time interval between drinks. Although these tools can serve as a reference, they don't consider all factors that may impact your individual BAC score. It is safe to say that each drink you take brings you that much closer to being an "impaired" driver.

The best answer is not to drink and drive. The State of Oregon has strict laws for drunk driving, and when you drink and drive in Oregon, you risk your freedom, finances and your future.

The first time you are arrested for drunk driving in the State of Oregon you will receive a mandatory 1 year suspension of your drivers license. You will also spend a minimum of 48 hours in jail or be ordered to serve 80 hours of community service. The fine for your first DUII in Oregon will be a minimum of $1,000. You will also be charged with other fees such as a $40 assessment fee, $130 fee for an intoxicated driver program, $95 unitary assessment fee, a county assessment fee of $59, and a $90 diagnostic fee. All DUII convictions must receive a mandatory drug and alcohol evaluation to determine the extend of their alcohol problems.

If you are convicted of a second DUII in the State of Oregon you will receive a mandatory suspension of your drivers license for a period of 3 years if the offense occurred within 5 years of the first. You will also spend from 48 hours to 1 year in Jail. The fine for your second drunk driving conviction will be a minimum of $1,500. You will also be charged with other fees such as a $40 assessment fee, $130 fee for an intoxicated driver program, $95 unitary assessment fee, a county assessment fee of $59, and a $90 diagnostic fee. All DUII convictions must receive a mandatory alcohol evaluation to determine the extend of their alcohol problems.

If you are arrested and convicted for a third drunk driving offense in the State of Oregon you will have your drivers license permanently revoked. You will also spend from 48 hours to 1 year in Jail. The fine for your 3rd DUII conviction will be a minimum of $2,000. You will also be charged with other fees such as a $40 assessment fee, $130 fee for an intoxicated driver program, $95 unitary assessment fee, a county assessment fee of $59, and a $90 diagnostic fee. All DUII convictions must receive a mandatory alcohol evaluation to determine the extend of their alcohol problems.

Does a DUI in Oregon Stay on my Criminal Record?

Yes, a charge of DUII (Driving Under the Influence of Intoxicants) will always stay on your record in Oregon. This is true whether you plead guilty, are convicted, or enter a DUII diversion program (which requires a guilty plea). In the event that you are charged but not convicted (or charges are dropped), you may be able to have your arrest record expunged. Otherwise the record is permanent. See ORS 137.225(6)(a). Some entities promise the ability to expunge criminal records. Beware that they will not succeed expunging an Oregon DUII conviction.

Can I get out of a DUI in Oregon?

If you mean, can you have the charges dismissed, it's possible in some instances that charges can be dropped. (This is not a likely outcome, particularly if your "blew an 8" – that is your breathalyzer test was .08 or higher.) To have the charges dismissed, you must convince the prosecutor that he or she doesn't have enough evidence to make the DUII case. If, for example, you can prove that your constitutional rights against unreasonable search and seizure were violated because the police had no probable cause to administer a BAC test to you, then you can keep the evidence from the BAC test out.

No Plea Bargains. Keep in mind that Oregon law specifically prohibits plea bargaining. Oregon Code 813.170 states that "a person charged with the offense of driving under the influence of intoxicants shall not be allowed to plead "guilty" or "no contest" to any other offense in exchange for a dismissal of the offense charged. No district attorney or city attorney shall make any motion and no judge shall enter any order in derogation of this section. This section does not prohibit diversion as provided under ORS 813.200.

by: , Attorney

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