Oregon DUII Laws and Conviction Penalties

Learn about the penalties for a DUII conviction in Oregon.

By , Attorney · Thomas Jefferson School of Law

Oregon's DUII (driving under the influence of intoxicants) laws prohibit driving:

Under Oregon law, "under the influence" is defined as having one's physical or mental facilities "adversely affected to a noticeable or perceptible degree" as the result of ingesting drugs and/or alcohol.

A DUII arrest will normally result in administrative (license-related) penalties even if the person is never convicted in criminal court. And if the offender is ultimately convicted of a DUII, criminal penalties are imposed in addition to the administrative consequences.

Attempted DUII and the Definition of "Vehicle"

In Oregon, a motorist can commit attempted DUII by intentionally engaging in conduct that constitutes a "substantial step toward" driving with a BAC at or above .08% or while under the influence.

Additionally, an offender can commit a DUII offense while driving something other than a car, truck, or motorcycle. For purposes of the DUII laws, the definition of "vehicle" is broad and can include boats, bicycles, mopeds, scooters, and motorized wheelchairs in some circumstances. However, devices that are powered exclusively by human power (except bicycles) are exempt from Oregon's DUII laws.

Is a DUII a Felony in Oregon?

For a first or second DUII, the driver will typically be facing misdemeanor charges. But a third or subsequent DUII within ten years is a felony.

Injuries and deaths can also elevate an Oregon DUII to a felony. A DUII involving an accident in which someone is injured is typically an assault in the third degree and a class B felony. Causing the death of another person while driving under the influence can lead to vehicular homicide or manslaughter charges. The specific offense classification and penalties depend on the specifics of the case. However, a convicted driver is generally looking at at least a class B felony charge.

Oregon DUII Penalties

Oregon imposes mandatory minimum sentences for DUII convictions. The penalties increase depending on how many prior convictions the offender has and how close together the convictions occurred. The chart below details the minimum and maximum penalties for a first, second, and third DUII.

1st Offense

2nd Offense

3rd Offense


48 hours (or 80 hours community service) to 1 year

48 hours (or 80 hours community service) to 1 year

90 days (if convicted of DUII at least two times in the past 10 years) to 5 years


$1,000 ($2,000 if BAC is .15% or more) to $6,250 ($10,000 if passenger is under 18 years and is at least three years younger than the driver)

$1,500 ($2,000 if BAC is .15% or more) to $6,250 ($10,000 if passenger is under 18 years and is at least three years younger than the driver)

$2,000 (if the person is not sentenced to a term of imprisonment) to $125,000 (if convicted of a class C felony)

License Suspension

1 year

3 years

Permanent (may petition the court to restore license after 10 years)

Ignition Interlock Device (IID)

1 year

2 years

2 to 5 years (depending on the timing of prior convictions)

The trial judge has the discretion to impose additional incarceration, community service, and/or fines beyond the minimums. In deciding whether to do so, the judge is likely to consider factors like criminal history, the offender's BAC, and whether the offense involved injuries or property damage.

Other Penalties Imposed for DUII Convictions in Oregon

All DUII offenders are required to complete a screening assessment and a substance abuse treatment program. The screening assessment is $150 and determines the type of program the offender must complete. Oregon law also requires all DUII offenders to attend a Victim Impact Panel (VIP). The fee for the VIP ranges from $5 to $50. The offender is usually responsible for paying the VIP and assessment fees.

Finally, a DUII offender will typically serve a period of probation. The type and length of probation vary, but usually, it will not exceed five years.

No Plea Bargaining in Oregon DUII Cases

Under Oregon law, plea bargaining is prohibited in DUII cases. Therefore, someone charged with a DUII in Oregon generally only has two options to resolve the case: pleading guilty or going to trial. In other words, an offender can't plead guilty or no contest to another offense in exchange for a dismissal of the DUII charge. However, certain offenders can obtain a dismissal by completing a diversion program.

Oregon's Zero-Tolerance Law for Driving Under the Age of 21

For drivers who are under 21 years old, having any amount of alcohol in the blood also constitutes being "under the influence" of alcohol. Therefore, a minor can be convicted of a DUII offense for having any amount of alcohol in the blood.

Underage drivers generally face the same penalties for a DUII as drivers who are of legal age.

Talk to an Attorney

Oregon's DUII and implied consent laws are complicated and the facts of each DUII case vary. If you have been charged with a DUII in Oregon, you should seek the advice of a local criminal defense attorney.

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