Oregon DUII Laws: FAQ

When can I be arrested for DUII In Oregon?

You will be arrested for DUII in Oregon if you drive or operate a vehicle with a BAC of 0.08 or above (any measurable amount for drivers under 21). Additionally, you will be arrested for DUII in Oregon if you are under the influence of alcohol, an inhalant, or a controlled substance, or any combination of the three.

What happens if I refuse to consent to a Chemical DUI Test in Oregon?

Oregon's implied consent law means that by driving a motor vehicle you have implied you will consent to a breath, blood or urine test if a police officer requests you to take such a test. The officer can request you to take a test if the officer has arrested you for DUII. Refusal to take a test is admissible as evidence in court. Additionally, if you refuse a chemical test the DMV will suspend your driving privileges for one year. If you have any prior alcohol-related entries on your driving record within five years, the DMV will suspend your driving privileges for three years.

What are the DUII penalties in Oregon?

The Penalties for a DUII in Oregon are as follows:
1st Offense:

  • Minimum $1,000 Fine ($2,000 if BAC is 0.15 or greater, Up to $10,000 if child under 18 in the car),
  • Possible DUI Diversion Program,
  • Various Court Fees,
  • Screening Interview and Alcohol Treatment Program (must pay),
  • At Least 48 Hours of Imprisonment (may be changed to community service as justice requires),
  • Possible Victim Impact Treatment Session,
  • Ignition Interlock Device, and
  • License Suspension: 1 Year.

2nd Offense:

  • Minimum $1,500 Fine,
  • Various Court Fees,
  • Screening Interview and Alcohol Treatment Program (must pay),
  • License Suspension: 3 Years (if within 5 years of the first),
  • Victim Impact Treatment Session,
  • Jail: Up to 1 Year, and
  • Ignition Interlock Device.

3rd Offense:

  • Class C Felony (if within 10 years)
  • Minimum $2,000 Fine,
  • Court Fees,
  • Jail Time: As much as 5 Years,
  • 5 Year Driver’s License Revocation (considered a habitual offender),
  • Ignition Interlock Device,
  • Screening Interview and Alcohol Treatment Program (must pay), and
  • Victim Impact Treatment Session.

What are my rights after a DUII charge in Oregon?

  1. You have the right to enter a plea of not guilty and have a trial either to the court or to a jury of six.
  2. You have a right to be represented by your attorney throughout the trial and at all proceedings leading up to trial.
  3. If you do not have the money or means to hire an attorney, you may ask the court to appoint one for you without cost to you, and one may be appointed.
  4. You are presumed innocent of the charges pending against you, and that presumption of innocence will remain with you throughout the trial unless and until the prosecution presents sufficient evidence to prove you guilty beyond a reasonable doubt.
  5. At the trial you have the right to confront the witnesses called to testify against you and to cross-­examine those witnesses.
  6. You have the right to present evidence in your own defense and to compel the attendance of witnesses by subpoenas issued by the Clerk of the Court.
  7. You have the right to remain silent at the trial in your defense. If you choose to remain silent, your silence cannot be used against you.
  8. If you are convicted, you have the right to appeal to a Higher Court to review the judgment of the Court.

Am I eligible for the DUI Diversion Program in Oregon?

You are eligible for a DUII Diversion Program in Oregon if you file a petition with the court and meet all of the following criteria

  • It was your first DUII Offense in Oregon or any other jurisdiction, within the last 15 years,
  • You were not participating in a diversion program at the time of the offense or within 15 years of the offense,
  • You had no charge of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in another jurisdiction,
  • You did not hold a commercial driver license on the date of the commission of the offense,
  • You were not operating a commercial motor vehicle at the time of the offense, or
  • Your Present DUII offense did not involve an accident resulting in:
    • Death of any person; or
    • Physical injury as defined in ORS 161.015 to any person other than the defendant.

When do I need an Ignition Interlock Device in Oregon?

Oregon requires a person convicted of DUII in Oregon to install an IID in order to:

  • Receive a hardship permit during the DUII suspension; or
  • Fully reinstate Oregon driving privileges after the DUII suspension.

If you do not install an IID when required or remove the device at any time during the requirement, DMV will once again suspend your driving privilege.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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