Oregon DUI laws set the blood alcohol limit at 0.08% for most drivers under Oregon Revised Statutes Section 813.010. A first conviction carries a minimum fine of $1000 and a one year license suspension. Commercial drivers face a lower 0.04% limit. This guide covers penalties, the implied consent law, license suspension rules, the diversion program, and ignition interlock requirements. Oregon Revised Statutes Chapter 813 and the Oregon Department of Transportation govern these rules.
What Oregon Calls a DUI
Oregon law uses the term DUII instead of DUI. DUII stands for driving under the influence of intoxicants. Oregon Revised Statutes Section 813.010 defines the offense as driving a vehicle with a blood alcohol concentration of 0.08% or higher, or while under the influence of alcohol, a controlled substance, cannabis, an inhalant, or any combination of these. The statute treats alcohol and drug impairment under the same legal framework rather than separate offenses.
A charge based purely on a blood alcohol test result of 0.08% or higher is called a per se violation. The state does not need to show visible impairment or erratic driving in a per se case. The chemical test result alone can support the charge. A separate path also exists under the statute for impairment proven through observed behavior, field sobriety performance, or officer testimony, even without a qualifying test result.
By operating a motor vehicle on Oregon roads or premises open to the public, a driver has already agreed to a breath or blood test if lawfully arrested for DUII. This is called implied consent, and it is established under Oregon Revised Statutes Section 813.100. Refusing the test does not stop an arrest or prosecution. Refusal instead triggers its own separate administrative license suspension through the Department of Transportation, independent of any criminal case outcome.
Blood Alcohol Concentration Limits
The standard blood alcohol limit for non-commercial drivers in Oregon is 0.08% under Oregon Revised Statutes Section 813.010. A test result at or above this level supports a per se DUII charge without additional proof of impairment. Drivers operating a commercial motor vehicle face a lower limit of 0.04%, reflecting the added responsibility tied to commercial licensing and larger vehicles on public roads.
Oregon applies a zero tolerance standard to drivers under 21 years of age. Any detectable amount of alcohol in the blood of a driver under 21 can support action under the implied consent law, even at a level far below 0.08%. This standard exists separately from the criminal DUII statute and primarily affects administrative license consequences for underage drivers rather than automatically producing a criminal conviction at any trace amount.
The law also addresses testing that happens after driving has stopped. Oregon Revised Statutes Section 813.010 allows a charge based on a blood alcohol content of 0.08% or more measured within two hours after driving, provided the person did not consume alcohol during that intervening period. This provision closes a gap where a delay between a stop and a chemical test might otherwise allow blood alcohol content to be argued as unrelated to the time of driving.
Penalties for a First Offense
A first DUII conviction under Oregon Revised Statutes Section 813.010 carries a minimum fine of $1000 for a person operating a vehicle other than a bicycle. Courts may impose up to one year in jail as part of sentencing, though many first offenses do not result in the maximum jail term. A first conviction also triggers a license suspension, and the length of that suspension depends on whether the conviction stems from a criminal case or an implied consent violation.
If the blood alcohol content reaches 0.15% or higher, the minimum fine increases to $2000 under Oregon Revised Statutes Section 813.010. This enhanced fine applies regardless of whether it is a first offense, reflecting the added risk associated with a significantly higher blood alcohol level at the time of driving. The statute also sets a $10000 maximum fine when a passenger under 18 years of age, who is at least three years younger than the driver, was present in the vehicle.
Penalties for Second and Third Offenses
A second DUII conviction under Oregon Revised Statutes Section 813.010 carries a minimum fine of $1500 for offenses involving a vehicle other than a bicycle. A third or subsequent conviction carries a minimum fine of $2000 when the person is not sentenced to a term of imprisonment. These fine minimums increase progressively with each additional conviction, reflecting the statute’s structure around repeat offense history.
License suspension consequences also become more severe with repeat convictions. A second offense within a five year window of a prior offense can extend the suspension period beyond what applies to a first offense. Repeat convictions can also affect eligibility for a hardship permit and may extend waiting periods before a driver becomes eligible to apply for restored driving privileges through the Department of Transportation.
Felony DUII Thresholds
Oregon law contains two separate statutory provisions addressing when a DUII becomes a felony, and both remain currently in force. Oregon Revised Statutes Section 813.010 subsection 5 states that driving under the influence of intoxicants becomes a Class C felony when the person has been convicted at least three times within the 10 years prior to the current offense. This provision sits directly within the primary DUII statute.
Oregon Revised Statutes Section 813.011 separately states that a DUII becomes a Class C felony when the defendant has been convicted at least two times within the 10 years prior to the current offense. Once a person has been sentenced for a felony under this section, the 10 year time limitation is removed entirely, meaning any later DUII becomes a felony regardless of how much time has passed since the prior felony conviction.
Because both provisions remain part of current Oregon law, a driver with multiple prior DUII convictions faces genuine uncertainty about which threshold applies without reviewing the specific facts of their record. A conviction for a Class C felony under Oregon Revised Statutes Section 813.011 carries a mandatory minimum term of incarceration of 90 days that cannot be reduced for any reason. Anyone facing a repeat DUII charge should consult a licensed attorney in Oregon to understand how these overlapping provisions apply to their specific criminal history.
Administrative License Suspension
An administrative suspension is separate from any suspension ordered by a criminal court. Oregon Revised Statutes Section 813.100 establishes that a driver who fails or refuses a breath or blood test after a lawful DUII arrest faces immediate license confiscation. Oregon Revised Statutes Section 813.410 governs how the Department of Transportation processes the arresting officer’s report and imposes this suspension through an administrative track that runs independently of the criminal case.
A driver has 10 days from the date of arrest to request a hearing challenging the validity of an administrative suspension under Oregon Revised Statutes Section 813.410. This hearing is separate from any court appearance related to the criminal DUII charge. If the driver does not request a hearing within that window, the administrative suspension proceeds regardless of how the underlying criminal case is later resolved. The Oregon DMV Suspensions, Revocations and Cancellations page outlines these administrative consequences in more detail.
Criminal Court License Suspension
A criminal court suspension is imposed separately after a DUII conviction and is distinct from the administrative suspension tied to the arrest itself. A first conviction generally carries a minimum one year suspension period tied to the criminal case outcome. A second conviction occurring within a five year period of a prior offense or conviction can extend the required suspension length under Oregon’s structured penalty framework for repeat DUII offenses.
Because the administrative and criminal suspension processes run on separate tracks, a driver can face two distinct suspension periods stemming from a single arrest. Successfully contesting the administrative suspension at a Department of Transportation hearing does not automatically resolve the separate criminal case, and a conviction in criminal court can trigger its own suspension even if the administrative suspension was earlier withdrawn or overturned.
Ignition Interlock Device Requirements
An ignition interlock device is a breath testing device installed in a vehicle that prevents the engine from starting if it detects alcohol on the driver’s breath. Oregon Revised Statutes Section 813.600 through Section 813.680 establish the ignition interlock program requirements. A person convicted of DUII or completing the diversion program is generally required to install and use an approved device on any vehicle they operate for a set period.
At the end of the required installation period, a person must submit a 90 day report to the Department of Transportation showing that the device did not record a violation during the last 90 consecutive days of use. If a violation is recorded near the end of that period, the requirement can continue until a clean 90 day period is achieved. The Oregon DMV Suspensions, Revocations and Cancellations page describes this ongoing reporting requirement.
Hardship Permits
A hardship permit allows limited driving privileges during part of a suspension period for a non-commercial vehicle only. Eligibility generally requires that the driver has completed part of the required suspension period, has completed a DUII treatment program with proof submitted to the Department of Transportation, and is required by law to install and use an ignition interlock device on any vehicle driven. Not every suspension type qualifies for a hardship permit.
A driver whose privileges are suspended for a second or subsequent DUII conviction, where the suspension length reaches three years, faces specific restrictions on hardship permit eligibility under Oregon law. The Oregon DMV Hardship Permits page describes these eligibility conditions along with the application and fee requirements involved in obtaining this limited driving privilege.
The DUII Diversion Program
Oregon’s diversion program allows an eligible first time DUII defendant to avoid a conviction by completing a structured one year agreement. Oregon Revised Statutes Section 813.200 through Section 813.255 establish the diversion process. A defendant must enter a guilty or no contest plea, which the court holds in abeyance while the defendant completes court ordered requirements such as a substance abuse evaluation and any recommended treatment.
If the defendant completes all diversion requirements, the DUII charge is dismissed rather than resulting in a conviction. Diversion is not an automatic dismissal without conditions. A defendant must file the petition for diversion within 30 days of their first court appearance, and the judge retains discretion over whether to accept the defendant into the program even when baseline eligibility conditions are met. The Oregon Judicial Department DUII Diversion Program overview describes these petition steps and requirements.
Diversion Eligibility and the Lookback Period
Oregon Revised Statutes Section 813.215 sets out the specific conditions a defendant must meet to qualify for diversion. A defendant cannot have a pending charge for another DUII offense at the time the petition is filed. The defendant also cannot have held commercial driving privileges at the time of the offense, and the current offense cannot have involved an accident causing death or physical injury to another person.
The lookback period for diversion eligibility under Oregon Revised Statutes Section 813.215 is 15 years. A defendant is ineligible for diversion if they have been convicted of a qualifying DUII offense, or participated in a diversion or similar rehabilitation program, within the 15 years before the date the current offense was committed. This 15 year window is longer than the periods sometimes cited elsewhere, and it directly determines whether a driver with an older prior offense can still access diversion.
Common Misconceptions About Oregon DUII Law
A common misconception is that refusing a breath test avoids all legal consequences. Refusal instead triggers a separate administrative license suspension under Oregon Revised Statutes Section 813.100, independent of whether the criminal case results in a conviction. Another common misconception is that acting sober prevents a charge when a blood alcohol test shows 0.08% or higher, since a per se violation depends on the test result itself rather than an officer’s subjective observation of behavior.
Many drivers also assume there is only one license suspension process tied to a DUII arrest. In practice, the administrative suspension tied to the arrest and any separate suspension ordered after a criminal conviction can both apply, since Oregon Revised Statutes Section 813.410 and the criminal court process operate independently of each other. A driver should not assume that resolving one process automatically resolves the other.
Laws and enforcement may change. Check official state sources for the latest rules described in this article, since amendments to Oregon Revised Statutes Chapter 813 – Driving Under the Influence of Intoxicants can affect fine amounts, suspension lengths, or felony thresholds over time. For guidance on how these rules apply to a specific situation, consult a licensed attorney in Oregon rather than relying solely on general information. See our Disclaimer for more information about the limits of this content.
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