Oregon DUI / DWI Lawyers

Oregon DUI Laws, Penalties and Fines

The State of Oregon prohibits the operation of a motor vehicle by a driver with a .08 percent or above blood alcohol concentration (BAC). The .08 BAC limit is the standard measure of the "impaired" driver across the United States. In addition to the .08 limit, the State of Oregon has lower limits for commercial drivers (.04) and a .02 or Zero Tolerance limit for drivers under the age of 21. The State of Oregon DUII law also prohibits driving under the influence of other intoxicants such as inhalants, marijuana, cocaine and many other drugs.

What are the penalties for a DUI in Oregon?

1st Offense 2nd Offense 3rd Offense
Jail 48 hours up to 1 year Up to 1 year Up to 5 years
Fines and Penalties $1,000 to $2,000 $2,000 to $10,000 $2,000 to $10,000
License Suspension 1 year 3 years Permanent
ID Required Yes Yes --

First Offense DUI/DUII in Oregon

  • First offense DUI in Oregon results in administrative license suspension of at least ninety (90) days up to one (1) year
  • Refusals to submit under implied consent laws carry automatic license suspension of one (1) year
  • In any first offense case, reinstatement of license likely requires attendance at alcohol/substance abuse awareness program, attendance at victim impact panel, and use of ignition interlock device for one (1) year following reinstatement
    • First offense convictions of DUI in Oregon carry minimum incarceration of two (2) days with maximum incarceration of not more than one (1) year
    • Offenders may also be required to complete up to eighty (80) hours of community service
    • Fines vary, with offenders possessing BAC range of above .08 to below .15 incurring fines of at least $1,000, with fines doubled if BAC above .15. Additional fines include numerous DUI fines, fees, and surcharges of $300 at least, which do not cover expenses accrued during completion of sentence or in reinstatement process
    • First offense DUI with minor in vehicle results in fines up to $10,000 in addition to any previously discussed penalties
    • Convictions will influence charging and sentencing of future or subsequent DUI arrests for a period of ten (10) years

Second Offense DUI/DUII in Oregon

Potential penalties for a second DUI in Oregon are governed by Section 813.010 of the Oregon Codes. Note, that in Oregon, a charge for driving under alcohol or drugs is referrred to as Driving under the Influence of Intoxicants (DUII). The terms DUII and DUI are interchangeable.

An Oregon court can penalize a second time DUI offender by fining them a minimum of $1,500, ordering them to complete an alcohol treatment program, and sentencing them to 48 consecutive hours in jail. Permission to serve non-consecutive jail time must be supported by the evidence of the case, and the court must state the facts that support its decision on its final judgment. The court may also require an offender to attend a victim’s impact meeting or complete community service. It has discretion to decide the number of hours.

Because of the serious penalties connected with a second offense DUII, you may want to seek the advice of an attorney familiar with Oregon DUII laws.

Third Offense DUI/DUII in Oregon

Oregon classifies driving under the influence of alcohol or drugs as Driving Under the Influence of Intoxicants (DUII). (The term can be used interchangeable with DUI.) A third DUI within 10 years in Oregon will result in stiff fines, jail time and a lengthy license suspension. (It's definitely something better not to have on your record.) Nevertheless, if you have actually been charged with a third offense, knowledge of the law may help you minimize some penalties.

Some part of your sentence will involve serving jail-time or/and paying monetary fines. These may also include community service or compulsory attendance of alcohol rehabilitation programs. These are called criminal penalties and for DUI cases in Oregon include:

  • A jail term that can last up to five years.
  • There is a minimum $2,000 fine if the driver is not sentenced to jail time. If a minor aged three years or less from the driver was in the car at the time of the accident, this fine escalates to $10,000.

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