DUI Laws in Oregon: Penalties, BAC Limits & License Suspension

In Oregon, drunk or drugged driving is called DUII — Driving Under the Influence of Intoxicants (ORS 813.010). The standard per se limit is 0.08% BAC for adult drivers, but the number that trips people up is the deadline: if you were arrested and either failed or refused a breath, blood, or urine test, you have only 10 days from the date of arrest to request a hearing with the Oregon DMV to contest the automatic suspension of your license. Miss it, and the suspension goes into effect on its own — usually on the 30th day after arrest — with no separate notice that a hearing window ever opened. If you take away one fact from this page, take that one.

What DUII Means in Oregon

Oregon does not use the labels "DUI" or "DWI" in its statutes — the charge is DUII, short for Driving Under the Influence of Intoxicants, defined at ORS 813.010. It covers alcohol, marijuana, and other controlled or intoxicating substances, and it can be charged either as a "per se" violation (your test result alone proves the BAC element) or based on the officer's observations that you were visibly impaired, regardless of the number on the test.

Oregon's BAC Limits

• 0.08% — general per se limit. This is the nationwide standard for adult drivers of ordinary passenger vehicles, and Oregon follows it under ORS 813.010.
• 0.04% — commercial driver's license (CDL) holders. Anyone operating a commercial motor vehicle in Oregon is held to the stricter federal/state 0.04% threshold, and a positive result can disqualify a CDL for a year or longer even if the driver was in a personal vehicle at the time and under the general 0.08% limit.
• 0.00% — zero tolerance for drivers under 21. Oregon's implied consent law treats any detectable amount of alcohol as a "failed" test for a driver younger than 21, triggering its own license suspension separate from a criminal DUII charge. If an underage driver's BAC also reaches 0.08% or higher, they face the same full DUII charges as an adult.
• 0.15% — enhanced ("high BAC") threshold. Oregon law increases the mandatory minimum fine for a DUII conviction when the driver's BAC is 0.15% or higher at the time of driving, or within two hours of it. Because the exact enhanced fine and any related conditions can change, confirm the current figure through the court or an Oregon DUII defense attorney rather than relying on an old number.

Implied Consent: What Happens If You Refuse a Test

By driving on Oregon roads, you've already agreed — as a matter of law — to take a breath, blood, or urine test if an officer has probable cause to arrest you for DUII. This is Oregon's "implied consent" law (ORS 813.100). Refusing a test does not stop the license consequences; it triggers its own, generally longer, suspension:

• First refusal: a license suspension of roughly one year — longer than the suspension for simply failing the test.
• Repeat refusal or failure (within about five years of a prior implied-consent violation): the suspension period extends further, up to around three years for a repeat refusal.

Refusal can also come up beyond the DMV suspension — prosecutors have at times pointed to a refusal as evidence at trial, though Oregon courts have placed constitutional limits on that use. Either way, refusing is not a way around the process; it swaps one set of consequences for another, often longer, one. Confirm the exact current suspension lengths that apply to you with your DMV notice or an Oregon DUII attorney, since they depend on your specific test-refusal history.

The Administrative License Suspension — Your 10-Day Deadline

Separate from any criminal case, the Oregon Driver and Motor Vehicle Services Division (DMV), part of the Oregon Department of Transportation, can suspend your driving privileges based solely on the arresting officer's report — before you've ever seen a judge or been convicted of anything. This is the implied consent (administrative) suspension.

The deadline to fight it is short and strictly enforced: your request for an implied consent hearing must be received by DMV Headquarters by 11:59 p.m. on the 10th day after your arrest. Requests can be submitted online, by fax, or by mail — phone requests are not accepted. The hearing itself is conducted by an administrative law judge through the Office of Administrative Hearings. Miss the deadline, and the suspension takes effect automatically, typically on the 30th day after arrest, with generally no extension for being out of town, still searching for a lawyer, or waiting on the criminal case. Act fast — ideally within a day or two of arrest — so you have time to gather your paperwork and, if you want one, loop in an attorney before the window closes.

First-Offense DUII Penalties in Oregon

A first DUII in Oregon is charged as a Class A misdemeanor. Exact sentences vary by county, judge, and the facts of the stop, but the general framework includes:

• License suspension: a one-year suspension is the standard consequence of a first DUII conviction, on top of whatever administrative suspension already ran from the arrest itself.
• Ignition interlock device (IID): required after a DUII conviction — for a first conviction, commonly for about a year following the end of the suspension period — and required as a condition of any hardship permit used to drive during the suspension.
• Fines: Oregon law sets a statutory minimum fine for a first DUII conviction (higher if your BAC was 0.15% or above), plus separate mandatory fees tied to victim-impact and treatment programs.
• Jail exposure: as a Class A misdemeanor, a first DUII carries potential jail time under Oregon's sentencing statutes, though many first-time, lower-level cases resolve through probation, treatment, and a diversion program rather than active custody.

Exact dollar amounts, jail-day ranges, and diversion eligibility rules change and depend on case specifics — don't rely on a fixed number you saw elsewhere. Confirm current penalties with the court handling your case or an Oregon criminal defense attorney.

How Long a Prior DUII Counts Against You (Lookback Periods)

Oregon actually uses two different "lookback" windows, and it matters which one applies to your situation:

• DMV administrative suspensions look back about five years: if you have a prior failed or refused implied-consent test within that window, a new failure or refusal triggers a longer suspension than a true first-time violation.
• Criminal sentencing and felony enhancement use a 10-year lookback: prior DUII convictions (or out-of-state equivalents) within the 10 years before your current offense count toward enhanced sentencing and toward the felony threshold described below.

Ask your attorney which clock applies to which part of your case — the DMV timeline and the criminal timeline are calculated separately and can produce different results.

When DUII Becomes a Felony in Oregon

Oregon elevates DUII to a Class C felony (ORS 813.011) when the person has been convicted of DUII (or a substantially similar out-of-state offense) at least two times within the 10 years before the current offense — meaning the current DUII is the third within that window. Once someone has been convicted of a felony DUII, Oregon law generally treats a later DUII as a felony as well. Felony DUII carries a mandatory minimum term of incarceration and can lead to a lengthy or permanent revocation of driving privileges, with reinstatement — if allowed at all — sometimes not possible for many years.

Separately, causing serious injury or death while impaired can lead to additional, more serious charges (such as assault or manslaughter offenses) on top of or instead of a DUII charge. Because this interaction is fact-specific and the statutes are periodically amended, confirm how the rules apply to your circumstances with a defense attorney licensed in Oregon.

What to Do After a DUII Arrest in Oregon

1. Write down the timeline immediately. Note the date and time of your arrest, whether you took or refused a chemical test, and what paperwork the officer gave you. Your 10-day hearing deadline is counted from the arrest date, not from when you get around to dealing with it.
2. Request your DMV implied consent hearing before the 10-day window closes. This is the single most time-sensitive step — do it even before you've hired an attorney if necessary, since a hearing request can typically be submitted online or by fax and preserves your right to contest the suspension while you keep working on the rest of your case.
3. Read every notice from the DMV carefully. It should state the specific deadline that applies to your test type (breath, blood, or urine) and how to submit your request.
4. Contact an Oregon DUII defense attorney as soon as possible. Many offer free or low-cost initial consultations, and early advice can affect both the DMV hearing and your criminal court dates.
5. Ask about diversion and treatment options at your first court appearance. Depending on your record and the facts of the stop, you may have options that avoid a conviction if requirements are completed — but eligibility rules are specific and change, so ask the court or your attorney directly rather than assuming you qualify.
6. Do not drive on a suspended license. If you need to drive for work, medical care, or treatment during a suspension, apply for a hardship permit (which will require an ignition interlock device) rather than risk additional charges.

This article is general legal information about Oregon law as of this writing, not legal advice for your specific situation — confirm current deadlines, penalties, and eligibility rules with the Oregon DMV or a licensed Oregon attorney before relying on it.