Oregon DUII Laws, Fines, and Consequences

Learn about the penalties for a DUII conviction in Oregon.

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

  • with a blood alcohol content (BAC) of .08% or more, or
  • while under the influence of alcohol, cannabis, a controlled substance, and/or an inhalant.

Under Oregon law, “under the influence” is defined as having one's physical or mental facilities are "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 (read about Oregon's boating under the influence laws), 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.

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

Jail

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

Fines

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

Implied Consent and Refusing a Chemical Test in Oregon

Oregon’s “implied consent” laws require all motorists who are lawfully arrested for a DUII to submit to a breath, blood, or urine test. Motorists who refuse testing face the following license suspension periods.

1st Offense

2nd offense

3rd Offense

License Suspension

1 year

3 years

3 years

A suspension for refusing to take a urine test is consecutive to any other suspension imposed under the implied consent laws.

Generally, a BAC of .08% or more is considered a failed test. But for a person who holds a commercial driver’s license, a BAC of .04% or more qualifies as a failed test. Motorists who fail a chemical test face the following license suspension periods.

1st Offense

2nd offense

3rd Offense

License Suspension

90 days

1 year

1 year

The consequences for a second or third offense refusal or failed test apply if within the last five years the motorist had a DUII conviction, participated in a diversion or similar drug/alcohol program, or had a suspended license due to an implied consent violation.

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.

Talk to an Attorney

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

Protect Yourself. Talk to a Lawyer About Your Case

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
FACING A DUI?

Talk to a DUI Defense attorney

We've helped 115 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you