Oregon DUI Laws
In Oregon a "drunk driving" charge is called driving under the influence of intoxicants (DUII). If you have been charged with DUII, you may be wondering if you can preserve your driving privileges, whether you are eligible for Oregon's DUII Diversion program, and of course how to contest your DUII. Your future will be determined by two independent procedures — administrative license revocation (governed by the Department of Motor Vehicles) and the criminal court case. Having a skilled DUII lawyer by your side is the key to resolving your DUII with the best possible outcome.
If this is your first DUII (within the past 15 years), you do not hold a commercial driver's license and nobody was hurt as a result of the DUII incident, you may qualify for the DUII Diversion Program. The DUII program usually lasts for a year and involves alcohol and/or drug abuse assessment and treatment, participation in a victim's panel, and payment of fees. Of course, you cannot drive with any alcohol or intoxicants in your system during this time. If you successfully complete the program, the criminal charges against you will be dropped. If you do not qualify for the DUII Diversion program, you may be facing jail time, fines and more. To learn more about the DUII Diversion program and DUII sentencing, contact an attorney.
Whether this is your first offense or you are a repeat offender, the DMV will likely suspend your driver's license if you were driving with a blood alcohol content (BAC) of .08 or higher (less for commercial and underage drivers). For first offenders, suspension is usually 90 days (a year if you refuse blood, breath and urine testing). For habitual offenders (convicted of three or more offenses such as reckless driving and driving while driving privileges are suspended or revoked), the suspension might be five years or more. To learn more about DUII procedures and how you can minimize the impact on your life, contact a DUII attorney right away.
Oregon DUI/DWI (DUII) Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Oregon BAC laws may differ from those of other states, as follows.
| Oregon BAC Laws | |
| Per Se Violation | BAC of: .08 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense | 90 days license suspension |
| Subsequent Offenses | 1 year license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 90 days to 1 year license suspension, depending on prior convictions |
| Temporary License | Yes, for 30 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1 year license suspension |
| Subsequent Offenses | 3 years license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 1 to 3 years license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | At least 48 hours in jail or 80 to 250 hours community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI/DWI treatment |
- If you have not had a prior alcohol-related offense in 15 years or this is your first offense, you can elect to enter into a Diversion Agreement with the court. At completion of the program, you will not have a DUI/DWI conviction on your record; instead, the Diversion Agreement will show on your record.
| Second DUI/DWI Offense (within 5 years of your 1st offense) | |
| License Suspension | 3 years (may have conditional license) |
| Prison Term and Community Service | At least 48 hours in jail or 80 to 250 hours community service |
| Fines, Fees, and Surcharges | Approx. $1,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI/DWI treatment |
| Third DUI/DWI Offense | |
| License Suspension | Permanent Revocation (may have conditional license) |
| Prison Term and Community Service | At least 48 hours in jail or 80 to 250 hours community service |
| Fines, Fees, and Surcharges | Approx. $2,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI/DWI treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Oregon DMV, Oregon Revised Statutes