Oregon DUII Laws and Penalties

How Oregon defines “driving under the influence of intoxicants” (DUII) and the consequences of a conviction.

By , Attorney · Thomas Jefferson School of Law

An Oregon motorist can be convicted of DUII for driving:

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

For purposes of the DUII laws, "under the influence" means the person's "physical or mental facilities are adversely affected to a noticeable or perceptible degree."

Jail Time and Fines for Oregon DUII Convictions

In Oregon, there are mandatory minimum jail sentences and fines for DUII convictions. The penalties increase depending on the number of prior convictions the offender has and how close in time the convictions occurred. The chart below details the minimum and maximum jail sentences and fines for a first, second, and third DUII conviction.

1st offense

2nd offense

3rd offense

Jail Time

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 2 times in the past 10 years) to 5 years


$1,000 ($2,000 if BAC is .15% or more) to $6,250

$1,500 ($2,000 if BAC is .15% or more) to $6,250

$2,000 (if the person is not sentenced to a term of imprisonment) to $125,000 (if convicted of a class C felony)

License Suspensions for a DUII Conviction in Oregon

Everyone convicted of an Oregon DUII faces license suspension. The suspension periods for a first, second, and third DUII are as follows.

1st offense

2nd offense

3rd offense

Suspension Period

1 year

3 years

Permanent (may petition the court to restore license after 10 years)

However, an offender might be able to obtain a "hardship permit" for driving to and from work, medical appointments, and drug/alcohol treatment during at least a portion of the suspension.

Oregon's Implied Consent Laws

Oregon has "implied consent" laws that require all motorists lawfully arrested for a DUII offense to submit to breath, blood, or urine testing. A refusal to test generally results in a license suspension of one to three years, depending on the person's record and prior participation in treatment programs. Drivers who fail a BAC test face a suspension of 90 days to one year.

No Plea Bargaining in Oregon DUII Cases

For most people charged with DUII in Oregon, the only options are pleading guilty or going to trial. Oregon law prohibits plea bargaining in DUII cases. Therefore, an offender cannot plead guilty or no contest to another offense in exchange for a dismissal of the DUII charge. However, it is possible that a DUII charge could be dismissed at the discretion of the prosecutor and certain DUII offenders are allowed to enter a diversion program.

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