Oregon DUI Laws

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Oregon DUII Laws: Rules, Penalties, and Legal Process

Introduction

Oregon takes Driving Under the Influence of Intoxicants (DUII) seriously, applying strict penalties for offenders and comprehensive legal procedures to address impaired driving. Whether involving alcohol, drugs, or a combination of substances, DUII offenses in Oregon can lead to substantial fines, jail time, license suspensions, and even felony charges for repeat violations.

Understanding Oregon’s specific DUII laws is essential for residents and visitors alike. The state uses its own legal term, offers a diversion program for some first offenders, and imposes one of the nation’s firmest license revocation policies for habitual offenders.

DUI Law Overview

In Oregon, DUII stands for Driving Under the Influence of Intoxicants, which includes alcohol, controlled substances, inhalants, or any combination that impairs a driver’s ability to operate a vehicle safely. Oregon is one of the few states that uses the term DUII instead of DUI or DWI.

Oregon BAC Limits:

  • Standard drivers: 0.08% or higher
  • Commercial drivers: 0.04% or higher
  • Underage drivers (under 21): 0.00% (zero tolerance)

Oregon’s zero-tolerance policy for underage drivers means any measurable alcohol content results in automatic license sanctions. Additionally, a driver can be charged with DUII even with a BAC below 0.08% if impairment is evident based on officer observations and testing.

Penalties by Offense

Oregon’s DUII penalties increase significantly with each subsequent offense. A third conviction is a felony and triggers permanent license revocation. All convictions require the completion of treatment programs and alcohol education courses.

First Offense DUII

  • Fine: Minimum $1,000
  • Jail Time: 2 days to 1 year, or 80 hours of community service
  • License Suspension: 1 year
  • Other: Mandatory completion of DUII education or treatment program

Second Offense DUII

  • Fine: Minimum $1,500
  • Jail Time: 2 days to 1 year
  • License Suspension: 3 years
  • Other: Longer treatment, possible ignition interlock device (IID)

Third Offense DUII

  • Fine: $2,000 or more
  • Jail Time: 90 days to 5 years (felony classification)
  • License Suspension: Permanent revocation
  • Other: Mandatory IID, parole or probation, and lifelong driving limitations

Aggravating Factors
Increased penalties apply if:

  • BAC was 0.15% or higher
  • The driver refused chemical testing
  • A passenger under 18 was in the vehicle
  • The DUII resulted in serious injury or death

Oregon law mandates interlock device installation for reinstatement eligibility following most DUII convictions, regardless of offense level.

Citing the Statute

Oregon’s DUII law is defined in ORS 813.010, titled Driving Under the Influence of Intoxicants. Under this statute, it is unlawful for any person to:

  • Drive a vehicle while under the influence of intoxicating liquor, a controlled substance, an inhalant, or any combination thereof,
  • Or to have a BAC of 0.08% or greater within two hours of driving

ORS 813.010 allows for DUII charges based on observed impairment (such as swerving or failed sobriety tests), regardless of BAC level. The statute also establishes mandatory minimum penalties, sentencing guidelines, and administrative license actions.

Oregon’s Implied Consent Law means drivers automatically agree to chemical testing. Refusing to take a breath, blood, or urine test results in:

  • Automatic license suspension (1 to 3 years)
  • Fines up to $650
  • Ineligibility for certain programs (such as diversion)

Local DUI Resources

Oregon has multiple certified programs and treatment centers to support DUII offenders, many of which are court-mandated for sentencing or reinstatement.

Oregon DUII Diversion Program
Available to eligible first-time offenders. The program allows participants to avoid a conviction by completing drug/alcohol education, paying court fees, and avoiding new arrests during a 1-year period.

Volunteers of America Oregon
Provides DUII screening, assessments, and treatment programs. Often used as a diversion program resource or sentencing compliance partner.

Serenity Lane
A statewide nonprofit offering inpatient and outpatient addiction treatment. Courts frequently refer repeat DUII offenders here for more intensive care.

De Paul Treatment Centers
Specializes in recovery services for DUII clients. Offers group and individual counseling, education classes, and evaluations required by Oregon courts.

Oregon Health Authority DUII Services
Oversees DUII treatment provider certification and ensures offenders have access to licensed programs. Offenders must complete an OHA-approved program to regain driving privileges.

Legal Process in the State

Oregon’s DUII process includes both administrative and criminal actions, beginning at the time of arrest and continuing through court proceedings and beyond.

Traffic Stop and Investigation
Officers may initiate a stop based on erratic driving, traffic violations, or sobriety checkpoints. Once stopped, officers assess for signs of intoxication and may request field sobriety tests.

Field Sobriety and Chemical Testing
Drivers suspected of DUII undergo standardized field tests and are asked to submit to breath, blood, or urine testing. Results are used for both criminal charges and administrative penalties.

Implied Consent Consequences
Refusal to take a chemical test results in:

  • 1 to 3-year license suspension
  • Fines up to $650
  • Disqualification from the DUII Diversion Program
  • Longer periods of required IID use

Arrest and Booking
If the driver fails testing or refuses testing with signs of impairment, they are arrested and booked into jail. Bail or conditional release may be granted.

Administrative License Action
Handled by the Oregon DMV. Suspensions begin immediately upon failed or refused chemical testing. A hearing can be requested within 10 days to challenge the suspension.

Court Proceedings and Sentencing
Criminal charges are processed through Oregon’s courts. If convicted, judges assign jail time or community service, impose fines, order treatment, and determine license penalties.

Post-Conviction Requirements
Most offenders must:

  • Complete drug/alcohol education or treatment
  • Install and maintain an ignition interlock device
  • Fulfill court-ordered community service
  • Meet DMV reinstatement conditions

Even after completing these steps, drivers with permanent revocation due to multiple DUII convictions may not regain driving privileges.

Oregon DUII FAQs

Q:
What is DUII in Oregon?
A:
DUII stands for Driving Under the Influence of Intoxicants—Oregon’s legal term for DUI involving alcohol, drugs, or both.

Q:
Is Oregon’s DUII Diversion available to all first offenders?
A:
No. It is not available if serious injury or death occurred, or if the driver has prior DUII or similar offenses.

Q:
What happens if I refuse a breathalyzer in Oregon?
A:
Refusal leads to immediate license suspension (1–3 years), a fine, and loss of eligibility for the Diversion Program.

Q:
Can I get my license back after a third DUII in Oregon?
A:
A third conviction results in permanent revocation, and license reinstatement is not guaranteed.

Q:
Does Oregon require an ignition interlock device?
A:
Yes. Most DUII offenders must install an IID as part of their sentencing and before license reinstatement.

Summary and Additional DUI Resources

For a complete overview of DUI laws across the country, visit the State By State DUI Laws guide, and browse the State DUI Law List for quick access to every state’s legal breakdown.

Want to compare this to another state? Read about Pennsylvania DUI laws here.