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

DUII penalties in Oregon for a first, second and third offense
PenaltyFirst offenseSecond offenseThird offense
ChargeClass A misdemeanorClass A misdemeanorClass C felony (when two priors fall within 10 years); otherwise Class A misdemeanor
Jailat least 48 hours in jail or 80 to 250 hours of community service; up to 364 daysat least 48 hours in jail or 80 to 250 hours of community service; up to 364 dayswith 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 suspension1 year3 years if the second offense and a prior conviction occur within five years; otherwise 1 yearpermanent revocation on a third DUII conviction or any felony DUII
Ignition interlockrequired for 1 year after the suspension ends, and as a condition of any hardship permitrequired for 2 years after the suspension endsrequired 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.

Official source: getting a hardship permit in Oregon

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

Official source: ignition interlock in Oregon

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

Official source: can a duii come off your record? in Oregon

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

Official source: drivers under 21 in Oregon

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

Official source: driving after using drugs in Oregon

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.

Sources

  1. Blood alcohol limits: ORS 813.010(1), (6)(e); ORS 813.410(8)(c)
  2. Hardship license
  3. Ignition interlock
  4. Insurance filing
  5. Record and expungement

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.