Oregon DUII Laws and Penalties

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

In Oregon, a person can be convicted of DUII for driving:

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

A person is considered “under the influence” when the person’s “physical or mental facilities are adversely affected to a noticeable or perceptible degree.”

Jail Time and Fines for Oregon DUII Convictions

Oregon imposes mandatory minimum jail sentences and fines 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 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

All Oregon drivers who are convicted of a DUII face a driver’s 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 may be eligible for a “hardship permit” for driving to and from work, medical appointments, and drug/alcohol treatment during at least part of the suspension.

Oregon’s Implied Consent Laws

Oregon’s “implied consent” laws require all drivers lawfully arrested for a DUII offense to submit to a breath, blood, or urine test. Motorists who refuse testing generally face a license suspension of one to three years, depending on their record and prior participation in a treatment program. Drivers who fail a test, will 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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