Oregon DUII Laws: Penalties, BAC Limit & License (2026)

In Oregon the offense is called driving under the influence of intoxicants (DUII), and ORS 813.010 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUII is a Class A misdemeanor carrying a minimum of 48 hours in jail or community service, a fine of at least $1,000, and a one-year license suspension.

This guide is part of our DUI Laws by State series.

What counts as a DUII in Oregon

Oregon's impaired-driving statute, ORS 813.010, defines the offense as driving a vehicle while under the influence of intoxicants. Subsection (1)(a) is the per se rule: it is unlawful to drive with a BAC of 0.08 percent or more by weight, while subsections (1)(b) and (1)(c) cover driving while actually under the influence of alcohol, a controlled substance, an inhalant, or a combination. A prosecutor can pursue either theory, so a driver under 0.08 can still be convicted on proof of impairment. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under Oregon's zero-tolerance law, which bars driving with any amount of alcohol. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration reflects.

First-offense DUII penalties in Oregon (jail, fines, suspension)

A first DUII is a Class A misdemeanor under ORS 813.010. The statute requires a sentence of at least 48 hours in jail or, in the alternative, 80 to 250 hours of community service, up to a maximum of one year in jail. The minimum fine is $1,000, and it rises to at least $2,000 if the driver's BAC was 0.15 percent or more, with the maximum reaching $6,250 in a standard case and up to $10,000 when a passenger under 18 who was at least three years younger than the driver was in the vehicle. A conviction triggers a one-year license suspension under ORS 813.400, and every convicted driver must complete an alcohol and drug assessment and any recommended treatment. The court also orders an ignition interlock device for the period after the suspension.

Watch out: The DMV implied consent suspension and the criminal court case run on separate tracks. You can resolve the criminal case and still serve a DMV suspension, and you generally must request a DMV hearing within 10 days of the notice to contest the implied consent suspension.

Ignition interlock requirements in Oregon

Oregon requires an ignition interlock device (IID) on a first DUII conviction, which sets it apart from states where the device is discretionary for a first offense. Under ORS 813.602, a person convicted of DUII must install and use a certified IID for one year after the suspension period ends, and the term is two years or longer for repeat offenses. The device requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading. To clear the requirement, the driver must submit a 90-day report showing no negative readings during the final 90 consecutive days of the installation period. A driver who enters DUII diversion is also required to install an IID during the program.

License suspension and the administrative process in Oregon

Oregon runs two suspension systems at once. The implied consent suspension is an immediate DMV action taken at arrest, separate from the criminal court outcome. As the Oregon DMV explains, a driver who fails the breath test (0.08 percent or more) faces a 90-day suspension on a first offense, while a driver who refuses the test faces a one-year suspension. The arresting officer serves a notice that also acts as a temporary permit, and the suspension takes effect about 30 days later unless the driver requests a hearing within 10 days. If the court later convicts the driver, a separate one-year court suspension under ORS 813.400 applies. To reinstate, a driver must serve the suspension, complete treatment, install the IID, and pay reinstatement fees.

Repeat offenses and the Oregon look-back period

Oregon counts qualifying DUII convictions within a 10-year look-back window, and the felony jump comes at the third offense. Under ORS 813.011, a DUII is a Class C felony if the driver has been convicted of at least two qualifying DUII offenses in the 10 years before the current offense. That felony carries a mandatory minimum of 90 days in jail that cannot be reduced or suspended for any reason, plus a fine of at least $2,000. The felony threshold is therefore the third offense within 10 years. A second DUII within the window stays a misdemeanor but brings longer suspensions and an interlock term of two or more years. Assault or homicide caused by impaired driving can be charged as a felony regardless of offense number.

Watch out: Refusing the breath test does not protect your license. A first refusal triggers a one-year DMV suspension, longer than the 90-day suspension for failing the test, and refusing also carries a separate civil penalty and can be used against you in court.

Refusing a breath or blood test in Oregon

Oregon's implied consent law in ORS 813.100 provides that by driving in the state, you have agreed to submit to a breath test, and to a blood or urine test in certain circumstances, if lawfully arrested for DUII. According to the Oregon DMV, a first refusal results in a one-year license suspension, longer than the 90-day suspension for failing the test, and a refusal within five years of a prior incident raises the suspension to three years. Refusal also carries a separate civil penalty. Because the refusal suspension is longer and adds a fine, refusing rarely helps, and officers can seek a warrant for a blood draw in serious cases. The driver may contest the implied consent suspension at a DMV hearing requested within 10 days of the notice.

Can you expunge or seal a DUII in Oregon

Oregon does not allow a DUII conviction to be expunged or set aside. The set-aside statute, ORS 137.225, does not reach a conviction for a traffic offense, and a DUII conviction is permanent. The diversion program is the main way to avoid a conviction in the first place: an eligible first offender can petition for DUII diversion, plead guilty or no contest, and have the charge dismissed after completing the one-year program, which includes treatment, an IID, and a victim-impact panel. Importantly, a charge dismissed through diversion still cannot be expunged, because Oregon law specifically excludes a DUII dismissed by diversion from set-aside. Only a DUII that ends in an acquittal or is never filed may qualify for expungement of the arrest record. The practical lesson is that diversion prevents a conviction but does not erase the record.

What to do after a DUII arrest in Oregon

An Oregon DUII generates two cases at once: a criminal case in the circuit or justice court and an administrative license case at the DMV. The deadlines are short, so a common first step is to request a DMV hearing within 10 days of the notice, because missing that window generally forfeits the chance to contest the implied consent suspension. Eligible first offenders also have a narrow window to petition for diversion. The criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. The DMV hearing must be requested within 10 days, so ask an Oregon DUII lawyer for a free consultation on contesting the suspension and whether diversion fits (attorney advertising).

More Oregon Laws

• Oregon Expungement Laws
• Oregon Warrant Search

Frequently Asked Questions

What is the BAC limit in Oregon?

The per se limit is 0.08 percent BAC for drivers 21 and older under ORS 813.010. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance rule barring any amount of alcohol. A BAC of 0.15 percent or more raises the minimum fine.

How long do you lose your license for a first DUII in Oregon?

A first DUII conviction carries a one-year court suspension. Separately, the DMV imposes an implied consent suspension at arrest: 90 days for failing the breath test or one year for refusing it, even before any conviction.

Is a first DUII a felony in Oregon?

No. A first DUII is a Class A misdemeanor. A DUII becomes a Class C felony on the third offense within 10 years under ORS 813.011, and a crash causing serious injury or death can be charged as a felony regardless of offense number.

Do you need an interlock for a first DUII in Oregon?

Yes. Under ORS 813.602, a first DUII conviction requires an ignition interlock device for one year after the suspension ends. Drivers who enter the diversion program also must install an interlock during the program.

What happens if you refuse a breathalyzer in Oregon?

Under implied consent, refusing the breath test triggers a one-year DMV suspension on a first refusal, longer than the 90-day suspension for failing the test, plus a separate civil penalty. The refusal can also be used as evidence in the criminal case.

How long does a DUII stay on your record in Oregon?

A DUII counts as a prior for 10 years under Oregon's look-back period, and because a DUII conviction cannot be set aside under ORS 137.225, it stays on the record permanently.

Can you get a DUII expunged in Oregon?

No. A DUII conviction cannot be expunged or set aside in Oregon, and a charge dismissed through diversion is also excluded from set-aside. Only a DUII that ends in acquittal or is never filed may qualify to expunge the arrest record.

What is the look-back period for DUII in Oregon?

Oregon uses a 10-year look-back period. Two qualifying DUII convictions in the prior 10 years make the next DUII a Class C felony under ORS 813.011, so the felony threshold is the third offense within that window.