By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed February 28, 2024
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The state of Oregon calls the crime of driving under the influence of alcohol or drugs (DUI) "driving under the influence of intoxicants," or DUII. It's also a strictly prohibited crime. If arrested and charged under Oregon DUII laws, you'll want to know the options available and possible penalties.
The law can be confusing. FindLaw has compiled the basics of a DUII in Oregon and where you can go for more information and legal help.
| Blood Alcohol Concentration (BAC) Limits and Implied Consent | |
|---|---|
| "Per Se" BAC Limit | 0.08% |
| Zero Tolerance (Underage) BAC Limit | 0.00% |
| Enhanced Penalty (Aggravated) BAC Limit | 0.15% |
| Implied Consent to Submit to BAC Test? |
Yes |
| Select Penalties | |
| Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) |
1 year, 3 years, Permanent |
| Mandatory Alcohol Education or Assessment and Treatment | Assessment & Treatment |
| Vehicle Confiscation Possible? |
Yes |
| Ignition Interlock Device Possible? |
Yes |
Disclaimer: State laws are always subject to change through the passage of new legislation, ballot initiatives, rulings in the higher courts, including federal decisions, and by other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
The state of Oregon prohibits driving a vehicle while under the influence of an intoxicant (DUII), a combination of intoxicants, or with a blood alcohol content (BAC) of 0.08%.
An intoxicant is a substance that impairs your ability to operate a motor vehicle safely. Intoxicants include:
A vehicle can include a bicycle, boat, or moped, not only a car or truck.
All states have a legal blood alcohol level. In Oregon, the legal limit is set at 0.08% BAC, or 0.04% if you are operating a commercial vehicle. At or above this BAC, you will face a per se DUII charge.
The term per se means "by itself." A per se DUII charge only needs proof that your BAC is 0.08% or more for an arrest and prosecution. The test result, by itself, proves the charge. You don't need to act intoxicated or drive erratically. The police officer can prove your impairment with a chemical test verifying your BAC.
When a police officer suspects you of impaired driving, they must assess you for intoxication. The officer does this with a series of sobriety tests. Initially, the officer will ask you to take a Breathalyzer or breath test. They will also have you perform a series of field sobriety tests.
The police officer may then ask you to submit to chemical tests. A chemical test can be another breath test, a blood, bodily fluid, or urine test. These tests will confirm your blood alcohol level and look for intoxicating substances.
Under Oregon's implied consent law, you have already agreed to participate in sobriety and chemical tests simply by using public roads. The officer expects you to cooperate.
You may refuse sobriety tests. However, as the officer will inform you, there are penalties. Refusing chemical tests is a traffic violation. The officer may request a warrant to compel you to cooperate anyway.
If you refuse, the state fines you $650. The police officer will take your driver's license. You're subject to a one-year license suspension or three years if you have a prior DUII conviction or refusal within the last five years.
Evidence of your refusal is admissible against you in court. You do have the right to contact an attorney before submitting to chemical testing.
Oregon does not allow the reduction of a DUII charge to a lesser offense in exchange for a guilty plea. The DUII charge will stand.
Anyone convicted of a DUII must complete a substance abuse assessment and treatment program, as recommended. You need to attend a victim impact panel or victim impact treatment session as part of your sentence.
A first offense is generally a Class A misdemeanor. If convicted, your sentence can include:
A second DUII within 10 years increases your sentence to:
If you have three prior convictions within 10 years, your third charge is a Class C felony DUII. You will also face a felony charge when involved in a DUII accident that causes serious bodily injury or death to another person.
Penalties for a conviction for a third DUII include:
An ignition interlock device (IID) attaches to your vehicle's ignition system. If the device detects any alcohol in your breath sample, the device does not allow your vehicle to start. The IID will prompt you to provide additional breath samples at random intervals to ensure your sobriety. The IID camera snaps a photo when you give a breath sample.
The drive is electronically monitored and will alert the installation company of violations. The DMV may extend your IID requirement if you fail the breath test or tamper with the device.
After a DUII conviction, the state requires you to install an IID in any vehicle you operate. You will also need an IID if the Oregon Department of Driver and Motor Vehicle Services grants you a hardship license. A hardship license provides limited driving privileges so you may attend work or school, medical appointments, or substance abuse treatment.
Your driver's license gets suspended in two ways: criminally and administratively. When you refuse a chemical test, the Oregon Department of Driver and Motor Vehicle Services suspends your license for one year. You cannot apply for a hardship license for 90 days for a first offense. These administrative license suspensions are separate from those ordered by the judge when convicted.
If you cooperate with chemical tests but fail due to an illegal BAC or the presence of drugs, you'll receive a 90-day license suspension. You may apply for a hardship license after 30 days.
You face a second driver's license suspension if convicted of DUII. If you face a one-year suspension for refusal, when convicted, you will have another year of suspension added to this time.
If you submit to chemical tests, you may receive credit for suspension time you have already served when the Oregon Department of Driver and Motor Vehicle Services considers your criminal suspension.
The diversion program allows you an opportunity to avoid a DUII conviction. You must enter a guilty or no-contest plea before beginning the program. Diversion generally lasts for one year. If you complete the program, the court will dismiss the DUII charge. The charge and dismissal will still appear on your criminal record.
Requirements for diversion include:
To qualify, you will submit an application and filing fee. You must submit your application within 30 days of your first court appearance. Most first-time offenders should qualify. However, certain factors will disqualify you from the program. You are not eligible for diversion if you:
If you fail to complete your requirements, the court enters your guilty or no contest plea. You will face sentencing for your original DUII charge. You cannot argue your case or fight the charge.
Oregon has a zero-tolerance law for underage DUII. If you have any amount of alcohol or other intoxicants in your system, you will face administrative violation. You lose your driver's license for at least 90 days and face $300 in fines.
If your BAC is 0.08%, the court may move your case to adult court.
Getting arrested for a DUI is serious. A DUII conviction can have lasting consequences on your criminal record, driving record, and more. If you're arrested and charged with an intoxicated driving offense in Oregon, contact a local DUI attorney to discuss your case. A DUII defense attorney can review your case and provide valuable legal advice.
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