A Complete Guide to Oregon DUI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to Oregon DUI Laws: From First Offense to Felony Charges

Introduction

Oregon's impaired driving offense is officially termed "Driving Under the Influence of Intoxicants" (DUII), but it is commonly referred to as DUI. Oregon has some of the nation's strictest DUII laws, with significant penalties that escalate based on prior convictions, Blood Alcohol Concentration (BAC) levels, and other aggravating circumstances. Enforcement is vigorous, involving both criminal penalties from the courts and administrative sanctions from the Oregon Department of Motor Vehicles (DMV).

The General Framework of Oregon DUII Laws

In Oregon, a person commits a DUII offense if they operate a vehicle while:

"Per Se" DUII: Having a BAC of $0.08%$ or more within two hours after driving, provided no alcohol was consumed after driving and before the test.
Impaired DUII: Being under the influence of intoxicating liquor, cannabis, a controlled substance, or an inhalant, or any combination thereof, to a degree that renders them incapable of safely driving a vehicle.
Specific Drug Presence: Having a detectable amount of certain controlled substances or their metabolites in their blood.

Special BAC Limits:

Commercial Vehicle Operators: A BAC of $0.04%$ or more.
Drivers Under 21 (Zero Tolerance Law): Any detectable amount of alcohol ( $0.01%$ or more).

Implied Consent Law

Oregon's implied consent law (Oregon Revised Statutes 813.100) means that by operating a motor vehicle on Oregon's public roads, you automatically consent to a chemical test (breath, blood, or urine) to determine your BAC or the presence of drugs if lawfully arrested for DUII.

Refusal to Test: Refusing to submit to a chemical test carries immediate and severe administrative license suspensions from the Oregon DMV, separate from any criminal prosecution. Your refusal can also be used as evidence against you in court.

First refusal: 1-year license suspension.
Second or subsequent refusal (within 5 years of a prior DUII conviction, diversion, or implied consent suspension): 3-year license suspension.

You have a right to request an implied consent hearing with the DMV to contest the suspension, but this request must be made within 10 days of your arrest. If you refuse, a hardship permit (limited driving privilege) generally isn't available for the initial 90 days.

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Oregon DUII Statistics

Impaired driving remains a serious public safety issue in Oregon.

In 2023, there were 10 alcohol-related fatalities in Portland, representing 13.33% of all traffic-related deaths in the city. Individuals under 40, especially those aged 14-24, were involved in the majority of alcohol-related fatal crashes in Portland in 2023.
While DUII arrest numbers in specific areas like Bend saw a slight decrease from 2022 to 2024, the overall issue of impaired driving, including that caused by poly-substances (alcohol plus drugs), continues to be a primary contributing factor in fatal and serious injury crashes across the state.

Penalties for DUII in Oregon

Oregon's DUII penalties are among the strictest in the nation. The state uses a 10-year "look-back" period for classifying repeat DUII offenses as misdemeanors or felonies. However, once you have a felony DUII conviction, any subsequent DUII offense is also a felony, regardless of the timeframe.

DUII Diversion Program (for First-Time Offenders)

Oregon offers a DUII Diversion Program for eligible first-time offenders (no prior DUII convictions or participation in diversion within the last 15 years). If successfully completed, the DUII charge is dismissed, avoiding a criminal conviction.

Requirements:
- Plead guilty or no contest to the DUII charge.
- Complete a substance abuse evaluation and follow all recommended treatment.
- Install and maintain an Ignition Interlock Device (IID) for the duration of the diversion period (typically 1 year).
- Attend a Victim Impact Panel.
- Pay program fees and court costs (including a $490 diversion fee and $150 evaluation fee).
- Abstain from alcohol and illegal drugs for the 1-year diversion period.
License Suspension: Diversion does not prevent the administrative license suspension due to implied consent (90 days for test failure, 1 year for refusal). You can often get a hardship permit after a waiting period if you install an IID.

First Offense DUII (Misdemeanor - if not eligible for or do not complete diversion)

Jail Time: Minimum 48 hours to 1 year (can be served in jail or through 80 hours of community service).
Fines: Minimum $1,000, maximum $6,250.
- Minimum fine increases to $2,000 if BAC is $0.15%$ or more.
- Fines can be up to $10,000 if a child under 18 (and at least three years younger than the driver) was in the vehicle.
License Suspension: 1 year.
Ignition Interlock Device (IID): Mandatory for 1 year after license reinstatement.
Drug and Alcohol Treatment Program: Mandatory substance abuse evaluation and compliance with recommended treatment.
Victim Impact Panel: Mandatory attendance.
Probation: Often imposed, typically for 2 years.
Consequences on Record: A DUII conviction remains on your driving record permanently and cannot be expunged.

Second Offense DUII (within 10 years - Class A Misdemeanor)

Jail Time: Minimum 48 hours to 1 year (can be 48 hours in jail, 240 hours community service, or a longer period of house arrest/monitoring).
Fines: Minimum $1,500, maximum $6,250 (can be higher with aggravating factors, up to $10,000 with a child passenger).
License Suspension: 3 years (if within 5 years of the first DUII, otherwise 1 year).
IID: Mandatory for 2 years after license reinstatement.
Drug and Alcohol Treatment Program & Victim Impact Panel: Mandatory.
No Diversion Eligibility.
Probation: Often imposed.

Third Offense DUII (within 10 years - Class C Felony)

Prison Time: Mandatory minimum 90 days in jail, with potential imprisonment of up to 5 years in state prison.
Fines: Minimum $2,000, maximum $125,000.
License Revocation: Permanent. (However, a person may petition the court to restore driving privileges after a minimum of 10 years, with strict conditions).
IID: If driving privileges are restored after 10 years, an IID is required for 5 years.
Drug and Alcohol Treatment Program & Victim Impact Panel: Mandatory.
No Diversion Eligibility.
Probation/Post-Prison Supervision.
Loss of Gun Rights: A felony DUII conviction results in the automatic loss of firearm rights under state and federal law.

Other Significant Penalties:

DUII with Child Passenger: If a minor under 18 (and at least 3 years younger than the driver) is in the vehicle, minimum fines for a misdemeanor DUII are increased to $10,000. It can also lead to child endangerment charges.
Vehicular Assault/Homicide: If a DUII causes serious bodily injury or death, it leads to severe felony charges with lengthy prison sentences, substantial fines, and long-term or permanent license revocation.
Driving Under DUII Suspension: Operating a vehicle while your license is suspended for a prior DUII is a separate criminal offense with significant penalties, including mandatory jail time.
Underage DUII (Zero Tolerance): Any detectable amount of alcohol ( $0.01%$ or more) results in administrative suspension for 90 days (first offense) or 1 year (second or subsequent). Criminal charges for DUII may also apply if BAC is $0.08%$ or higher.
Vehicle Forfeiture: Possible in certain felony DUII cases.
Collateral Consequences: DUII convictions lead to significantly increased auto insurance premiums (often requiring SR-22 filing), difficulty with employment, professional license issues, and restrictions on international travel (e.g., entry into Canada).

Conclusion

Oregon's DUII laws are notably tough, characterized by their detailed penalty structure, the strictness of the implied consent law, and the swift escalation to felony charges for repeat offenders. The emphasis on mandatory IID usage, comprehensive substance abuse treatment, and the permanent nature of DUII convictions on one's record underscore the state's firm commitment to combating impaired driving. For anyone facing a DUII charge in Oregon, understanding these intricate regulations and the dual nature of criminal and administrative penalties is paramount. Immediate consultation with an experienced Oregon DUII defense attorney is strongly advised to navigate the complexities of the legal system and protect your rights and future.

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