DUI Laws in Oregon (DUII)
Oregon uses the term "DUII" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is Lifetime for counting prior offenses; 10-year window determines whether the current offense is charged as a felony (3rd within 10 years). 3rd DUII within 10 years. Below are the full details of Oregon's DUI laws and penalties.
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Overview
Oregon uses the term DUII — Driving Under the Influence of Intoxicants — which covers alcohol, controlled substances, inhalants, and any combination thereof. Oregon employs a unique 'diversion' program for first-time offenders that is one of the most accessible in the nation, allowing eligible defendants to avoid a criminal conviction entirely. The state uses a lifetime lookback period for determining repeat offense enhancements, meaning a DUII from decades ago still counts. Oregon's Measure 73 (2010) established mandatory minimum sentences for repeat DUII offenders, and the state has a relatively low enhanced-penalty BAC threshold of 0.15%.
Official term: DUII
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.00% (any amount) |
| Enhanced Penalty | 0.15% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class A misdemeanor | Up to 1 year; 48 hours mandatory minimum if BAC ≥ 0.15% or with passenger under 18. No mandatory minimum for standard first offense. | $1,000 minimum; up to $6,250. $2,000 minimum if BAC ≥ 0.15%. | 1 year by court; 90-day administrative suspension by DMV (immediate at arrest). Hardship permit available after 30 days. | Required for hardship permit during suspension; 1 year after reinstatement |
| 2nd Offense | Class A misdemeanor | 48 hours mandatory minimum; up to 1 year. 80 hours mandatory minimum if within 10 years of prior. | $1,500 minimum; up to $6,250 | 3 years by court; 1-year administrative suspension by DMV | Required for hardship permit and for 2 years after reinstatement |
| 3rd Offense | Class C felony (if within 10 years of two or more prior DUII convictions or diversion completions) | 90 days mandatory minimum; up to 5 years in state prison | $2,000 minimum; up to $125,000 (felony fine schedule) | Permanent revocation (may apply for reinstatement after 10 years) | Required for any future driving privileges; may be required indefinitely |
| Felony | Class C felony | 90 days mandatory minimum; up to 5 years in state prison. Measure 73 mandates 90-day minimum for felony DUII. | $2,000 minimum; up to $125,000 | Permanent revocation. May petition for reinstatement after 10 years with IID requirement. | Required indefinitely upon any future license reinstatement |
Felony threshold: 3rd DUII within 10 years, or any DUII after two or more prior convictions/diversion completions in the defendant's lifetime when the current offense is within 10 years of the most recent prior. Lookback period: Lifetime for counting prior offenses; 10-year window determines whether the current offense is charged as a felony (3rd within 10 years).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | 80 hours minimum if no jail imposed; may be ordered in addition to jail | Up to 5 years (bench probation); conditions include substance abuse treatment and abstinence monitoring | Mandatory screening and completion of an alcohol/drug treatment program recommended by a certified evaluator |
| 2nd Offense | May be ordered at court discretion, typically 100–200 hours | Up to 5 years supervised; intensive conditions including frequent testing | Full substance abuse evaluation and mandatory completion of recommended treatment program, which may include residential treatment |
| 3rd Offense | May be ordered as part of probation conditions | Up to 5 years post-prison supervision; intensive supervision with strict conditions | Full substance abuse evaluation and mandatory completion of intensive treatment; residential/inpatient treatment commonly required |
| Felony | May be ordered as probation condition | Up to 5 years post-prison supervision; intensive supervision with residential treatment, random testing, and abstinence monitoring | Mandatory intensive substance abuse treatment; residential/inpatient treatment typically required as condition of probation or post-prison supervision |
Implied Consent Law
Under ORS § 813.100, any person operating a motor vehicle in Oregon is deemed to have consented to a chemical test of breath or blood when an officer has reasonable grounds to believe the person is DUII. Oregon does not use urine tests for DUII enforcement. The officer must inform the driver of the consequences of refusal.
Refusal penalties: First refusal: 1-year license suspension (no hardship permit available for first 90 days). Second refusal within 5 years: 3-year suspension. Third refusal: 3-year suspension. Refusal also results in a separate administrative proceeding and can be introduced as evidence at the criminal DUII trial. The refusal suspension runs consecutively (not concurrently) with any DUII conviction suspension.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | Mandatory minimum of 48 hours in jail (first offense), minimum fine doubles to $2,000, and enhanced treatment requirements |
| Passenger under 18 in vehicle | Mandatory minimum of 48 hours in jail even on first offense; separate child endangerment charges possible |
| Excessive speed (30+ mph over limit) while DUII | Enhanced penalties at sentencing; separate reckless driving charge; considered a significant aggravating factor in felony cases |
| Prior DUII convictions or diversion completions (lifetime lookback) | Oregon counts all prior DUIIs and diversions for life. Third offense within 10 years becomes a Class C felony with 90-day mandatory minimum prison. |
| Driving on a DUII-suspended license | Class A misdemeanor carrying up to 1 year in jail; mandatory additional license suspension; vehicle may be impounded or forfeited |
DUI with Injury
Classification: Class B or Class A felony (assault) or Class B/A felony (homicide)
DUII causing serious physical injury is charged as assault in the second degree (Class B felony, up to 10 years prison) or assault in the first degree (Class A felony, up to 20 years) depending on circumstances. DUII causing death is charged as manslaughter in the second degree (Class B felony, up to 10 years) or manslaughter in the first degree (Class A felony, up to 20 years) or criminally negligent homicide (Class B felony). Measure 11 mandatory minimums may apply: 70 months for manslaughter I, 34 months for assault II.
Underage DUI
Oregon has a strict zero-tolerance law for drivers under 21. Any detectable amount of alcohol results in an immediate 90-day license suspension for a first violation and a 1-year suspension for a second. This is a civil/administrative penalty, not criminal. If the underage driver's BAC is 0.08% or above, full criminal DUII charges apply with the same penalties as adult offenders.
Diversion Programs
Program: DUII Diversion Program
Oregon's DUII Diversion Program (ORS § 813.200) is one of the most comprehensive in the nation. Eligible first-time offenders can petition for diversion, which requires completion of a substance abuse treatment program, victim impact panel attendance, an IID for 1 year, abstinence from alcohol/drugs, and payment of approximately $1,000–$2,000 in fees. The program lasts 1 year, and upon successful completion, the DUII charge is dismissed. A diversion completion still counts as a prior offense for enhancement purposes.
Eligibility: Available for first-time DUII defendants in Oregon who have not previously participated in a DUII diversion program in any state and have no pending charges for DUII, vehicular assault, or similar offenses. The defendant must petition the court within 30 days of arraignment. The offense must not involve a crash causing physical injury to another person. Commercial driver's license holders are eligible but will still face CDL disqualification.
How Long a DUI Stays on Your Record
A DUII conviction remains on your Oregon driving record and criminal record permanently. Oregon counts all prior DUII convictions and diversion completions for life when determining repeat offender status. A DUII diversion completion (dismissed charge) also remains visible on court records. Oregon law does not currently allow expungement of DUII convictions. Diversion completions may be eligible for expungement after the statutory waiting period, but the DMV record of the diversion remains.
Key Statutes
- ORS § 813.010
- Driving under the influence of intoxicants (DUII); prohibited conduct and BAC levels
- ORS § 813.011
- DUII penalties; mandatory minimums; felony DUII classification
- ORS § 813.100
- Implied consent to breath or blood test; officer obligations and driver rights
- ORS § 813.200–813.270
- DUII Diversion Program; eligibility, requirements, completion, and revocation procedures
- ORS § 813.400–813.410
- Administrative license suspension for DUII arrest; implied consent refusal penalties
Frequently Asked Questions
What does DUII mean in Oregon?
What is the penalty for a first DUII in Oregon?
How does Oregon's DUII diversion program work?
When does a DUII become a felony in Oregon?
How long does a DUII stay on your record in Oregon?
What happens if you refuse a breathalyzer in Oregon?
Can I get a hardship permit after a DUII in Oregon?
Does marijuana DUII have the same penalties as alcohol DUII in Oregon?
Related Guide
DUI license recovery in Oregon→Step-by-step guide to getting your license back after a DUI in Oregon — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Oregon DMV — DUII & Implied Consent
Official Oregon DMV page on DUII-related license suspensions, reinstatement requirements, and hardship permits
- Oregon Revised Statutes — Chapter 813 (DUII)
Full text of Oregon DUII statutes including penalties, implied consent, diversion program, and license suspension provisions
- Oregon Judicial Department — DUII Diversion Program
Court information on DUII diversion eligibility, requirements, and local court procedures
- Oregon DUII Multi-Agency Information System
ODOT safety resource with information on Oregon's impaired driving laws, statistics, and prevention programs
- Oregon State Bar Lawyer Referral Service
Find a qualified DUII defense attorney through the Oregon State Bar's lawyer referral service
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