Oregon · DUII · Checked October 2026
DUII Laws in Oregon
What Happens if You Get a DUII in Oregon?
Oregon calls it DUII, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 10 days to challenge your license suspension
- First offense jail
- At least 48 hours in jail or 80 to 250 hours of community service; up to 364 days
- First offense fine
- $1,000 minimum, up to $6,250
- First offense license
- 1 year
- Felony
- DUII is a Class C felony with at least two prior DUII convictions in the 10 years before the offense (90-day mandatory minimum), or three priors in 10 years under ORS 813.010(5). After one felony DUII sentence, every later DUII is a felony regardless of time
Oregon DUII Laws: Key Facts
- Legal limit (adults)
- 0.08 BACORS 813.010(1), (6)(e); ORS 813.410(8)(c)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0 BAC (any amount of alcohol fails the implied consent test for drivers under 21)
- Enhanced penalties from
- 0.15 BAC
- Lookback period
- 10 years
- Insurance filing
- SR-22
Oregon DUII Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | Class A misdemeanor | Class A misdemeanor | Class C felony (when two priors fall within 10 years); otherwise Class A misdemeanor |
| Jail | at least 48 hours in jail or 80 to 250 hours of community service; up to 364 days | at least 48 hours in jail or 80 to 250 hours of community service; up to 364 days | with two prior DUII convictions in the past 10 years: Class C felony, 90 days mandatory minimum, up to 5 years |
| Fine | $1,000 minimum, up to $6,250 | $1,500 minimum, up to $6,250 | $2,000 minimum if not sentenced to prison; up to $125,000 for a Class C felony |
| License suspension | 1 year | 3 years if the second offense and a prior conviction occur within five years; otherwise 1 year | permanent revocation on a third DUII conviction or any felony DUII |
| Ignition interlock | required for 1 year after the suspension ends, and as a condition of any hardship permit | required for 2 years after the suspension ends | required for 2 years after any suspension ends (5 years when privileges are restored after a permanent revocation) |
First offense: ORS 813.010(4), (6)(b); ORS 813.020(2); ORS 137.129(4); ORS 161.615(1); ORS 161.635(1)(a); ORS 813.400(1); ORS 809.428(2)(a); ORS 813.602(1)(b) · Second offense: ORS 813.010(4), (6)(c); ORS 809.428(2)(b); ORS 813.602(1)(c) · Third offense: ORS 813.011(1), (3); ORS 813.010(6)(d); ORS 161.605(3); ORS 161.625(1)(d); ORS 809.235(1)(b); ORS 813.602
When Penalties Are Higher
- BAC 0.15 or higher (driving a vehicle other than a bicycle): Minimum fine of $2,000ORS 813.010(6)(e)
- A passenger under 18 who is at least three years younger than the driver: Maximum fine rises to $10,000ORS 813.010(7)
More on Oregon DUII penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
License suspension of 1 year (3 years with a prior within five years) plus a $650 presumptive fine for the traffic violation of refusing a breath or urine test; refusal is admissible in courtORS 813.095; ORS 813.100; ORS 813.420
Official source: if you refuse a breath or blood test in Oregon
Getting a Hardship Permit
Allows driving for work, treatment, regular medical care and necessary services. Implied consent waiting periods: 30 days after a failed test, 90 days after a refusal (1 year and 3 years with a prior). Requires an SR-22 and, after a DUII conviction, an ignition interlock. Not available during a three-year suspension for a second or later DUII conviction.
Ignition Interlock
First offense: Yes, for 1 year after the suspension ends Repeat offenses: 2 years after the suspension ends for a second or later conviction; 5 years in certain cases, such as DUII with homicide or first-degree assault or restoration after permanent revocation You must submit a 90-day no-negative report at the end of the period or the requirement continues; you pay all device costs
Can a DUII Come Off Your Record?
DUII convictions cannot be set aside, and a DUII arrest dismissed after diversion cannot be set aside either Oregon's set-aside law does not apply to state or municipal traffic offenses, or to a DUII arrest dismissed after completing a diversion agreement
Drivers Under 21
Drivers under 21 fail the implied consent test with any amount of alcohol in their blood Implied consent suspension: 90 days or 1 year for a failed test; 1 or 3 years for a refusal
Driving After Using Drugs
Yes. DUII covers being under the influence of an intoxicant or a combination of intoxicants; a controlled substance or inhalant must be pleaded in the charge and proved or admitted
More on DUII Law in Oregon
For the state's own guidance, see Oregon DMV: Suspension and Revocation Reasons (DUII and Implied Consent).
This page summarizes Oregon law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Oregon can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUII in Oregon?
Jail: at least 48 hours in jail or 80 to 250 hours of community service; up to 364 days. Fine: $1,000 minimum, up to $6,250. License suspension: 1 year.
How Long Do You Have to Request a License Hearing in Oregon?
10 days. How it is counted: the date of arrest (your request must reach DMV by 11:59 PM on the tenth day after the arrest); if you failed a blood test, 10 days from the date DMV sends the notice of suspension. Online through DMV2U, by fax to the DMV Hearings Case Management Unit (503-945-5521), or by mail to 1905 Lana Ave NE, Salem OR 97314. If you miss it, the suspension usually takes effect automatically.
When Is a DUII a Felony in Oregon?
DUII is a Class C felony with at least two prior DUII convictions in the 10 years before the offense (90-day mandatory minimum), or three priors in 10 years under ORS 813.010(5). After one felony DUII sentence, every later DUII is a felony regardless of time.
Do You Need an SR-22 After a DUII in Oregon?
Yes. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.