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Oregon DUI Law Information

Drivers arrested for driving while under the influence of intoxicants (DUII) in Oregon may be charged with DUII and face jail time, fines, and a driver’s license suspension.

Oregon DUII defined

A person commits the offense of driving while under the influence of intoxicants (DUII) if the person drives a vehicle while the person: (a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood (b) Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or (c) Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance. Oregon Statute 813.010-Driving under the influence of intoxicants

Oregon’s Look Back period: Varies

If a driver’s second or third driving infraction occurs during the look back period the DUII penalties can be substantially increased. The date begins on the date of the first DUII arrest.

It’s also important to understand, however, that Oregon has multiple look-back periods for different penalties and programs. For instance, drivers who have not been convicted of DUII within the last 15 years may be eligible for Oregon’s DUII Diversion Program. Drivers who have been convicted of 2 previous DUIIs within the last 10 years, however, may be charged with a felony.

Criminal DUII Penalties in Oregon

First DUII Offense

  • Fines of $1,000 and up to $2,000 if your BAC is 0.15% or higher
  • Minimum 2 days in jail or 80 hours of community service
  • License suspension for one year
  • Mandatory alcohol education program
  • Mandatory attendance of a Victim Impact Panel
  • Mandatory installation of an ignition interlock device for one year after license reinstatement

Second DUII Offense 

  • Fines of $1,500 and up to $10,000 if your BAC is 0.15% or higher
  • Minimum 2 days in jail up to a maximum of one year
  • Potential community service in lieu of jail
  • License suspension for one to three years depending on whether the driver has been convicted of a DUII within the last five years
  • Potential probation
  • Mandatory alcohol education program
  • Mandatory attendance of a Victim Impact Panel
  • Mandatory installation of an ignition interlock device for two years after license reinstatement
  • Potential vehicle impoundment

Third DUII offense
(Within 10 years of previous convictions)
(Class C Felony)

  • Fines of $2,000 and up to $125,000
  • Vehicle registration may be suspended for 120 days
  • Minimum 90 days up to five years in prison
  • Permanent license revocation with reapplication after 10 years
  • Potential probation
  • Mandatory alcohol education program
  • Mandatory attendance of a Victim Impact Panel
  • Potential ignition interlock device
  • Potential vehicle impoundment

Fourth DUII offense
(Within 10 years of previous convictions or another felony DUII conviction)

  • Fines of $2,000 and up to $125,000
  • Vehicle registration may be suspended for 120 days
  • Minimum 90 days up to five years in prison
  • Permanent license revocation with reapplication after 10 years
  • Probation for 36 to 60 months
  • Mandatory alcohol education program
  • Mandatory attendance of a Victim Impact Panel
  • Potential ignition interlock device
  • Potential vehicle impoundment

Administrative Penalties in Oregon

Drivers in Oregon have given their implied consent to submit to a chemical test if they have been arrested for DUII. Failure to consent to the required testing may result in administrative penalties, which are administered by the Oregon Department of Motor Vehicles (DMV) and are imposed regardless of whether the driver is ultimately convicted for DUII.

Drivers who refuse the chemical test after a DUII arrest will face high administrative penalties including:

First chemical test refusal- one year license suspension with a hardship wait of 90 days.

To challenge an administrative suspension, drivers must request an administrative hearing within 10 days from the date of their DUII arrest by contacting the Oregon Department of Motor Vehicles (DMV). If you do not request a hearing or you do not succeed at your hearing your driver’s license will be automatically suspended within 30 days from your DUII arrest.

(Read more: - state laws )





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