Oregon · DUII · Checked October 2026
Oregon DUII Penalties: First, Second and Third Offense
Oregon DUII Penalties: What Are the Rules?
Oregon sets DUII penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
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) |
Other First Offense Penalties in Oregon
- Screening interview ($150) and a treatment program
- Victim impact session where the county has one
Other Second Offense Penalties in Oregon
- No hardship permit during a three-year suspension for a second DUII
When Penalties Are Higher in Oregon
- BAC 0.15 or higher (driving a vehicle other than a bicycle): Minimum fine of $2,000
- A passenger under 18 who is at least three years younger than the driver: Maximum fine rises to $10,000
When a DUII Is 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.ORS 813.011; ORS 813.010(5)
How Far Back Prior Offenses Count in Oregon
10 years. Priors within 10 years count toward felony DUII; license suspension length uses a five-year window; DUII diversion is barred by a DUII conviction within 15 yearsORS 813.011(1); ORS 809.428(2); ORS 813.215(1)(b)
More on DUII Law in Oregon
See the full overview of DUII laws in Oregon and read about first-offense DUI penalties across the states.
This page summarizes Oregon law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DUII in Oregon?
Jail: at least 48 hours in jail or 80 to 250 hours of community service; up to 364 days. Fine: $1,500 minimum, up to $6,250. License suspension: 3 years if the second offense and a prior conviction occur within five years; otherwise 1 year.
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.