In Oregon, the consequences of a DUII (driving under the influence of intoxicants) conviction depend on the circumstances of the case and often include fines, jail time, and license revocation or suspension. This article covers important definitions and the penalties you'll face for a first, second, and third Oregon DUII offense.
Oregon's DUII laws prohibit driving:
(Or. Rev. Stat. §§ 801.321, 813.010 (2025).)
Under Oregon law, "under the influence" is defined as having one's physical or mental faculties "adversely affected to a noticeable or perceptible degree" as the result of ingesting drugs or alcohol. (State v. Miller, 335 P.3d 355 (Or. App. 2014).)
A DUII arrest normally results 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.
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. (State v. Baty, 259 P.3d 98 (Or. App. 2011); State v. Snyder, 405 P.3d 175 (Or. App. 2017).)
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. (Or. Rev. Stat. §§ 801.026, 801.360, 801.590, 813.010 (2025); State v. Green, 388 P.3d 1132 (Or. App. 2016).)
For a first or second DUII, the driver will typically be facing misdemeanor charges. But a third or subsequent DUII within 10 years is a felony. (Or. Rev. Stat. §§ 813.010, 813.011 (2025).)
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 killing a person as a result of a DUII is generally a class B felony charge. (Or. Rev. Stat. §§ 163.125, 163.145, 163.147, 163.165 (2025).)
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.
Jail |
48 hours (or 80 hours of community service) to 1 year |
48 hours (or 80 hours of community service) to 1 year |
90 days (if convicted of DUII at least 2 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 a passenger is under 18 years and is at least 3 years younger than the driver) |
$1,500 ($2,000 if BAC is .15% or more) to $6,250 ($10,000 if a passenger is under 18 years and is at least 3 years younger than the driver) |
$2,000 (if the person isn't 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) |
1 year |
2 years |
2 to 5 years (depending on the timing of prior convictions) |
(Or. Rev. Stat. §§ 137.129, 161.605, 161.615, 161.625, 161.635, 809.235, 809.428, 813.010, 813.011, 813.020, 813.400, 813.602 (2025).)
The trial judge has the discretion to impose additional incarceration, community service, and 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.
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. The court also may require a DUII offender 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. (Or. Rev. Stat. §§ 813.020, 813.021, 813.235 (2025).)
Finally, a DUII offender will typically serve a period of probation. The type and length of probation vary, but usually, it won't exceed five years.
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. (Or. Rev. Stat. §§ 813.170, 813.200, 813.215, 813.230, 813.250 (2025).)
In Oregon, all drivers are deemed to have given implied consent to a chemical test of their breath, blood, or urine. A driver who refuses to take a blood, breath, or urine test will be charged with a traffic violation. The presumptive fine is $650. (Or. Rev. Stat. §§ 813.095, 813.100, 813.131 (2025).)
Drivers who refuse a lawful request for a chemical test will also face an administrative driver's license suspension for one to three years (depending on their prior driving record). (Or. Rev. Stat. § 813.420 (2025).)
For drivers who are under 21 years old, having any amount of alcohol in the blood also constitutes being "under the influence" of alcohol. Underage drivers generally face the same license penalties for a DUII as drivers who are of legal age. (Or. Rev. Stat. §§ 813.130, 813.300 (2025).)
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.