Oregon DUII Laws & Penalties
Last reviewed:
Oregon says 'driving under the influence of intoxicants' (DUII). Diversion completions count as priors — a completed diversion is not a 'clean slate' for the felony trigger.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0%, enhanced at 0.15%).
- Lookback period: 10 years. 10-year lookback: two prior DUII convictions OR diversion completions within 10 years make the third a Class C felony (ORS 813.010(5)).
- Primary statute: ORS 813.010
0.15+ raises the mandatory minimum fine (to $2,000 first offense) but Oregon's escalation is primarily count-based. Under-21 is zero tolerance (0.00).
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class A misdemeanor | 48 hours (or 80 hrs community service) – 1 year; mandatory min 48 hours OR 80 hrs community service (waivable if diversion) | $1,000–$6,250 ($1,000 minimum ($2,000 if 0.15+); higher with a passenger under 18) | 1-year suspension (90 days if diversion) – 1 year; hardship: hardship permit with IID after part of suspension | Required |
| Second offense | Class A misdemeanor (within 10 years) | 48 hours minimum (courts often more) – 1 year; mandatory min 48 hours | $1,500–$6,250 ($1,500 minimum) | 3-year suspension (2 convictions within 5 years) – 3 years; hardship: hardship + IID after 1 year | Required |
| Third offense | Class C felony (3rd within 10 years) | 90 days (presumptive; up to prison) – 5 years (prison); mandatory min 90 days | $2,000–$125,000 (felony fine up to $125,000) | PERMANENT revocation (lifetime) – lifetime (restoration petition after 10 years, then 5-year IID); hardship: none for 10 years; then IID 5 years | Required |
First offense
- Classification: Class A misdemeanor
- Jail: 48 hours (or 80 hrs community service) – 1 year; mandatory min 48 hours OR 80 hrs community service (waivable if diversion)
- Fine: $1,000–$6,250 ($1,000 minimum ($2,000 if 0.15+); higher with a passenger under 18)
- License suspension: 1-year suspension (90 days if diversion) – 1 year; hardship: hardship permit with IID after part of suspension
- Alternative disposition: DUII DIVERSION: available once per ~15 years for first offenders — complete treatment + IID + fees, charge dismissed. The dominant OR first-offense path. Completed diversion STILL counts as a prior for the felony trigger.
- Interlock: IID required during diversion AND for 1 year after any conviction's hardship permit / reinstatement.
Second offense
- Classification: Class A misdemeanor (within 10 years)
- Jail: 48 hours minimum (courts often more) – 1 year; mandatory min 48 hours
- Fine: $1,500–$6,250 ($1,500 minimum)
- License suspension: 3-year suspension (2 convictions within 5 years) – 3 years; hardship: hardship + IID after 1 year
- No second diversion within 15 years.
Third offense
- Classification: Class C felony (3rd within 10 years)
- Jail: 90 days (presumptive; up to prison) – 5 years (prison); mandatory min 90 days
- Fine: $2,000–$125,000 (felony fine up to $125,000)
- License suspension: PERMANENT revocation (lifetime) – lifetime (restoration petition after 10 years, then 5-year IID); hardship: none for 10 years; then IID 5 years
- Lifetime license revocation on a third felony DUII is among the harshest license consequences in the US.
Refusing a chemical test (implied consent)
Refusal: 1-year suspension (first; 3 years for repeat) + a $650 civil penalty and NO diversion eligibility if refused. Refusal admissible; also an infraction.
Statute: ORS 813.100, 813.095
Ignition interlock
IID required during diversion and after every conviction (1 year post-reinstatement first offense, longer on repeats; 5 years after a restored felony revocation).
Statute: ORS 813.602
Frequently asked questions
What is the penalty for a first DUII in Oregon?
A first DUII in Oregon is a Class A misdemeanor. Jail: 48 hours (or 80 hrs community service) – 1 year; mandatory min 48 hours OR 80 hrs community service (waivable if diversion). Fine: $1,000–$6,250 ($1,000 minimum ($2,000 if 0.15+); higher with a passenger under 18). License suspension: 1-year suspension (90 days if diversion) – 1 year; hardship: hardship permit with IID after part of suspension.
What is the legal BAC limit in Oregon?
0.08% for most drivers, 0.04% for commercial drivers, and 0% for drivers under 21.
How long does Oregon look back at prior DUII offenses?
10 years. 10-year lookback: two prior DUII convictions OR diversion completions within 10 years make the third a Class C felony (ORS 813.010(5)).