Go to navigation Go to content

Oregon DUI Law

It is illegal in Oregon to operate a vehicle while under the influence of drugs or alcohol, or to drive with a BAC of .08 or greater.


\n
\n

Penalties


\n

First Offense:

A first offender may be fined $1,000 - $6,250 and sentenced to up to a year in jail.


\n
\n

There is a diversion program for first offenders. The offender may ask the court to sentence him to the diversion program if he has not been convicted of a DUI in the last five years. The program requires participation in a Victim’s Impact Panel, a diagnostic assessment of the offender’s drug/alcohol habits by a Court designated agency, and compliance with that agency’s recommended course of treatment. The assessment will cost $130.


\n
\n

Second Offense:

A second offender may be fined $1,500 - $6,250 and sentenced to a maximum of one year in jail. Second offenders are not eligible for the diversion program and must serve at least 48 consecutive hours in jail before the sentence may be suspended or deferred. In addition to any other penalties, the court may require participation in a Victim’s Impact Panel.


\n
\n

Third Offense:

The third conviction in 10 years is a felony. It is punishable by a fine of $2,000 - $125,000 and up to 5 years in prison.


\n
\n

License Suspensions


\n

First Offense:

One Year.


\n

Second Offense in Five Years:

Three Years.


\n

Third Offense:

Permanent revocation, however you may petition the court for reinstatement after 10 years.


\n
\nRequesting a Hardship Permit:

The court will allow you to request a hardship permit in order to drive to and from work, rehabilitation programs, and medical treatment, as well as on specified routes, days, and times. In order to qualify you must be enrolled in an active treatment program approved by the state. The court will order that you attach an ignition interlock device to the car upon granting this permit


\n

If the suspension was for refusal to submit to a chemical test, the court will not issue the permit until at least 90 days have passed.


\n

If the suspension was for a DUI, the court will not issue a permit until at least 30 days have passed.


\n

If the suspension was for a second or subsequent DUI, the court will not issue a permit until at least 90 days have passed.


\n
\n

Refusal to Submit to Chemical Testing:

Refusal to submit to a chemical test will result in an additional one year suspension of your license. If you have a prior refusal or prior DUI on your record, the period is increased to 3 years.


\n
\n

Ignition Interlock Device:

The court will order the attachment of an ignition interlock device to your vehicle for six months after your period of license suspension is over or during any time during which a hardship license is granted. This device prevents the car from starting if the driver is intoxicated.