Oregon DUII Laws: Guide to Charges and Penalties

Getting Started

Oregon DUII law covers alcohol, marijuana, other drugs, inhalants, and even combinations of substances. If you’re arrested for a DUII in Oregon, you need to understand both the administrative and criminal processes that follow. Each DUII case has unique circumstances, but Oregon is known for strict laws and severe penalties, even for first-time offenses.

Definitions to Know

Oregon Driver and Motor Vehicle Services (DMV)

The Oregon DMV handles the administrative aspects of DUII cases, including license suspensions, restrictions, and reinstatements. They oversee the SR-22 filing requirements and coordinate with the court system regarding driving privileges. The Oregon State Police manages the Ignition Interlock Device Program, ensuring compliance with interlock requirements for those convicted of DUII.

Steps to Take After DUII Arrest in Oregon

1. Hire an Attorney

   Legal counsel can help navigate both administrative and criminal processes associated with your DUII charge.

2. License Suspension

   Your driver’s license will likely be suspended based on the severity of the offense and your prior record.

3. Request an Administrative Hearing

   If disputing a suspension, you must request a hearing with the Oregon DMV promptly after arrest.

4. Apply for a Hardship Permit

   If eligible, you may apply for limited driving privileges by installing an IID and meeting other requirements.

5. Install an IID

   This is required for certain offenses and becomes mandatory for most DUII convictions.
   Explore IIDs

6. File an SR-22 Form

   Proof of insurance-related financial responsibility through an SR-22 may be required for license reinstatement in Oregon.

7. Complete Substance Abuse Evaluation

   Attend evaluation and complete recommended treatment programs through Oregon’s DUII Services Program.

8. Pay Fines and Fees

   You need to pay court fines plus other fees, including license reinstatement charges.

9. Complete DUII Education Program

   Mandatory education courses will likely be required through Oregon’s approved providers.

DUII Laws in Oregon

Oregon’s DUII laws establish clear thresholds for blood alcohol concentration (BAC) and outline the process for determining impairment by controlled substances.

What Are the Legal Driving Alcohol Limits in Oregon?

In Oregon, it’s illegal to drive if you’re under the influence of intoxicants, whether alcohol, drugs, or a combination. Law enforcement uses BAC measurements to determine alcohol impairment, with specific limits based on driver category:

Felony vs. Misdemeanor DUII Charges

Oregon classifies DUII offenses based on prior convictions and aggravating circumstances:

• Misdemeanor DUII: First and second DUII offenses within a 5-year period are typically charged as misdemeanors, carrying lighter penalties including fines, potential jail time, license suspension, and treatment requirements.
• Felony DUII: A third or subsequent DUII conviction becomes a Class C felony in Oregon. Felony convictions carry significantly harsher penalties, including longer prison sentences, higher fines, extended license suspensions, and permanent criminal records that can affect employment and housing opportunities.

DUII Diversion Program in Oregon

Oregon offers a DUII Diversion Program for drivers with their first DUII who meet specific eligibility criteria. This program allows defendants to avoid conviction by completing treatment, paying fees, installing an IID, and avoiding alcohol and drugs for a one-year period. Upon successful completion, the DUII charge is dismissed, though the arrest remains on your record.

Refusing a Chemical Test Under Oregon DUII Law

Oregon has implied consent laws, meaning drivers automatically consent to chemical testing when suspected of DUII. Refusing a breathalyzer or blood test results in automatic license suspension, regardless of whether you are ultimately convicted of DUII.

DUI Penalties & Consequences

Oregon’s DUII penalties become increasingly severe with each subsequent conviction, especially within a five-year timeframe.

Penalties for DUII Offenses in Oregon

Aggravating Factors That Increase Oregon DUII Penalties

In Oregon, certain circumstances can significantly increase penalties for DUII offenses:

• High BAC Levels: BAC of 0.15% or higher results in enhanced fines and mandatory minimum sentences.
• Child Passengers: DUII with a passenger under 18 years old adds the charge of recklessly endangering another person and can result in additional penalties.
• Causing Injury or Death: If a DUII results in injury or death to others, charges can escalate to assault or manslaughter with significantly longer prison sentences.
• Speed and Reckless Driving: Excessive speed or reckless driving in combination with DUII results in additional charges and enhanced penalties.
• Prior DUII Convictions: Any prior DUII conviction substantially increases penalties for subsequent offenses.

Driving Without a Valid License

Operating a vehicle during a DUII suspension period is a serious offense in Oregon. It can result in:

• Additional criminal charges (Driving While Suspended – Criminal)
• Extended suspension periods
• Vehicle impoundment
• Additional fines ranging from $1,000-$2,000
• Possible jail time
• Ineligibility for hardship permits

These consequences compound existing penalties and significantly complicate your path to license reinstatement.

License Suspension

A DUII arrest in Oregon triggers two separate processes that can affect your driving privileges: administrative suspension through the DMV and court-ordered suspension if convicted.

Who Determines if You Can Continue Driving After a DUII

The Oregon DMV handles administrative license suspensions based on failed breath tests (0.08% or higher) or test refusals. These suspensions take effect 30 days after arrest, regardless of court proceedings.

Additionally, the courts impose separate license suspensions upon conviction for DUII. These suspensions are often longer than administrative suspensions and have different requirements for reinstatement.

How Long Will Your License Be Suspended?

Oregon’s suspension periods vary based on the circumstances of your offense and prior DUII history. Below are the typical suspension periods:

Steps to Reinstate Your License

To regain full driving privileges after a DUII suspension in Oregon, you must:

1. Serve the complete suspension period
2. Pay reinstatement fees to the Oregon DMV
3. Provide proof of insurance through an SR-22 filing if required (typically for 3 years)
4. Complete required DUII education or treatment programs
5. Install and maintain an IID if mandated (typically for 1-2 years depending on offense)
6. Pass a knowledge and driving test if your license has been suspended for over one year

How to Apply for a Hardship Permit

To obtain a hardship permit in Oregon:

1. Determine eligibility (waiting periods apply – typically 30-90 days after suspension begins)
2. Install an IID on all vehicles you operate and provide proof of installation
3. Submit SR-22 insurance filing through your insurance provider if required
4. Complete substance abuse screening and enroll in recommended treatment
5. Submit application form with supporting documentation to Oregon DMV
6. Pay application and reinstatement fees
7. Receive and comply with all permit restrictions

Oregon Ignition Interlock Device (IID) Requirements

Oregon requires IIDs for most DUII offenders as a condition of driving during and after suspension periods. Key requirements include:

• Installation in all vehicles you operate (with limited exceptions for employer vehicles)
• Certification of installation from an approved provider
• Monthly monitoring and data downloads
• Paying all installation and monitoring costs ($70-100 for installation, $60-80 monthly fee)
• Maintaining the device for the required period (1 year for first DUII, 2 years for second, 5 years for third or subsequent)
• Passing all breath tests during the monitoring period

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

SR-22 Insurance Requirements

After a DUII in Oregon, you may be required to file an SR-22 certificate with the DMV to prove financial responsibility. This requires:

• Contacting an insurance provider that offers SR-22 filings
• Maintaining continuous coverage for the required period (typically 3 years)
• Immediate notification to DMV if policy lapses or is canceled
• Payment of restoration fees after the SR-22 period ends

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Substance Abuse Evaluation and Treatment

Oregon requires drivers convicted of DUII to complete substance abuse screening and treatment through the DUII Services Program:

1. Screening assessment with a state-approved evaluator
2. Follow-through with treatment recommendations based on assessment results
3. Completion of education programs (8-12 hours for first offense)
4. Intensive outpatient treatment for higher-risk individuals
5. Proof of completion submitted to courts and DMV
6. Additional requirements based on risk level and prior offenses

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIIs in Oregon

Sources

1. Oregon Legislature. (2023). Oregon Revised Statutes, Chapter 813 – Driving Under the Influence of Intoxicants. Oregon State Legislature. https://www.oregonlegislature.gov/bills_laws/ors/ors813.html
2. Oregon Department of Transportation. (n.d.). Driving Under the Influence of Intoxicants (DUII). Oregon Department of Transportation. https://www.oregon.gov/odot/safety/pages/duii.aspx
3. FindLaw. (n.d.). Oregon DUI laws. FindLaw. https://www.findlaw.com/state/oregon-law/what-are-the-oregon-dui-laws.html
4. Oregon State Police. (n.d.). Ignition interlock device program. Oregon State Police. https://www.oregon.gov/osp/programs/pages/ignition-interlock-device-program.aspx
5. Oregon Department of Transportation. (n.d.). SR-22 insurance requirements. Oregon DMV. https://www.oregon.gov/odot/dmv/pages/driverid/sr22.aspx
6. Oregon Health Authority. (n.d.). DUII services program. Oregon Health Authority. https://www.oregon.gov/oha/hsd/amh-duii/pages/dsp.aspx