If you are arrested for impaired driving, it is critical you understand DUI Oregon laws. Your right to drive and your freedom could be affected by an impaired driving conviction, and you could be left with a criminal record and large fines.

This guide to DUI Oregon laws helps you understand what to expect as you navigate the criminal justice system.

DUI Oregon Laws: The Basics

Under DUI Oregon laws, if you are impaired behind the wheel, you will be charged with driving under the influence of intoxicants. You can be charged with this crime in the following circumstances:

  • If your blood alcohol concentration (BAC) is .08 or higher
  • If you are under the influence of an intoxicating liquor, controlled substance, cannabis, psilocybin or an inhalant
  • If you are under the influence of any combination of intoxicating liquors, controlled substances, inhalants or psilocybin.

This means you can be charged under DUI Oregon laws even if you are not above the legal limit of .08% BAC as long as you are under the influence of any combination of drugs or intoxicating substances while in control of a motor vehicle.

What Happens When You Are Arrested for a Oregon DUI?

After an Oregon arrest, Oregon’s implied consent laws apply. These laws require drivers to submit to a BAC test. The reason they are called implied consent laws is because you imply your consent to take this type of test when you drive on the state’s roads.

If you refuse to submit to a chemical test to detect your blood alcohol content, then you face an administrative suspension of your license. This is an automatic suspension and a civil penalty—no criminal conviction is necessary for the suspension to go into effect. You can also be subject to an administrative license suspension if you submit to a BAC test and you are revealed to be above the legal limit under DUI Oregon laws.

The length of your license suspension will be between 90 days and three years depending on the circumstances including past offenses. You have the opportunity to request a hearing to contest the suspension of your license.

A prosecutor will move forward with criminal charges in most cases, which will trigger additional penalties.

Penalties for an Oregon DUI

The penalties for an Oregon DUI become progressively more severe for repeat offenders. Here are the possible consequences if you are found guilty under DUI Oregon laws.

Offense Incarceration Fine License Suspension Ignition Interlock
First 48 hours to 1 year (or 80 hours of community service) $1,000 - $6,250

$2,000 minimum with a BAC of 0.15% or higher

Maximum $10,000 with a passenger who is under 18 & at least 3 years younger than you

1 year 1 year
Second 48 hours to 1 year (or 80 hours of community service) $1,500 - $6,250

$2,000 minimum with a BAC of 0.15% or higher

Maximum $10,000 with a passenger who is under 18 & at least 3 years younger than you

3 years 2 years
Third Minimum 90 days $2,000 (if not imprisoned) to $125,000 for Class C felony conviction Permanent revocation (with possible restoration after 10 years by petitioning the court) 2 to 5 years depending on when your past convictions were

Can You Get DUI Charges Dropped in Oregon?

Getting DUI charges dropped is not one of the more likely outcomes after you are arrested for impaired driving. That’s because prosecutors don’t just drop charges for no reason.

You stand the greatest likelihood of getting your charges dropped if you can successfully argue your constitutional rights were violated while police were collecting evidence. Any unlawfully collected evidence can’t be used against you and if the prosecutor can’t introduce evidence showing you were intoxicated, there may not be probable cause to move forward with criminal proceedings.

If this doesn’t happen, then you typically cannot escape legal action. However, there are a number of options to lessen the severity of penalties you face. You could participate in an Oregon DUI diversion program to avoid criminal conviction—especially if this is your first offense. You may also be able to plead guilty to a lesser charge.

If your case goes to trial, you will be convicted only if a prosecutor proves guilt beyond a reasonable doubt so you could try to introduce doubt to get acquitted.

Getting Help From a Oregon DUI Lawyer

An Oregon DUI lawyer will help you to determine the best way to respond to charges against you in light of the evidence the prosecutor has and the specifics of your situation. Contact an attorney as soon as possible after arrest to ensure your rights are protected and to maximize the chances of lessening your penalties or avoiding a criminal conviction under DUI Oregon laws.

Frequently Asked Questions (FAQs)

What happens when you get your first DUI in Oregon?

When you get your first DUI in Oregon, your license could be automatically suspended after you are arrested. You could also face criminal prosecution. If you are found guilty of a first DUI offense, you could be sentenced to a minimum of 48 hours jail time or 80 hours of community service. You could be sentenced to a maximum of a year in jail. You will also be required to pay fines and have an ignition interlock device installed in your vehicle.

How likely is jail time for a first DUI in Oregon?

Jail time is a very real possibility under DUI Oregon laws. In fact, the law requires a minimum of 48 hours jail time or 80 hours of community service for first-time offenders. You should consult with an Oregon DUI attorney after your arrest to try to minimize the likelihood of a jail sentence. Your attorney may be able to help you explore options like pretrial diversion or a plea agreement.

Is a first DUI in Oregon a felony?

A first DUI in Oregon is not a felony. But while you will not face felony charges, you will have a criminal record and face serious penalties including potential jail time. If you are a repeat DUI offender or you cause an accident that injures others, you may face felony charges under DUI Oregon laws.