Oregon DUII Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

Oregon's impaired-driving statute is ORS 813.010 — Driving Under the Influence of Intoxicants (DUII). The "II" matters: Oregon's law covers alcohol, controlled substances, inhalants, and combinations. A DUII arrest triggers two parallel processes — a criminal case in circuit or municipal court, and an administrative implied-consent action by the Oregon DMV — each with separate timelines and consequences.

The legal threshold

Oregon's per-se DUII thresholds:

Adults 21+: 0.08% BAC.
Drivers under 21: any measurable BAC (zero tolerance).
Commercial drivers (CDL): 0.04% BAC.
Drugs: any controlled substance impairing driving — Oregon does not use a per-se THC threshold but uses impairment evidence and chemical-test results.

Oregon also charges DUII on impairment evidence below 0.08% under ORS 813.010(1)(b), the "noticeably impaired" subsection. Officers rely on field sobriety tests, drug-recognition expert (DRE) evaluations, and observed driving patterns to support those charges.

Implied consent and the 90-day notice

Oregon's implied-consent law presumes any driver on Oregon roads has consented to chemical testing if arrested for DUII. Refusing the breath, blood, or urine test triggers an automatic license suspension regardless of the criminal outcome. After arrest, the driver receives a notice of suspension and has 10 days to request an implied-consent hearing with ODOT to challenge the administrative action.

Implied-consent suspensions:

1-year suspension for a first refusal.
3-year suspension for a refusal with a prior DUII or refusal in the past 5 years.
Refusal fine: $650 minimum, separate from any criminal fine.

Suspensions for failed tests

If the chemical test result is 0.08% or higher (0.04% CDL, any measurable amount under 21):

90-day suspension for a first failure.
1-year suspension for a second failure within 5 years.

The administrative suspension runs in parallel with any criminal license action. Drivers can request an implied-consent hearing within 10 days to challenge whether the stop was lawful, whether the test was properly administered, and whether the BAC reading is reliable.

The DUII Diversion Program

Oregon's DUII Diversion Program is one of the country's better-known first-offender frameworks. Eligible defendants enter a plea, defer judgment, and complete a 1-year program of:

Substance-abuse evaluation by an approved provider.
Treatment or education recommended by the evaluation.
Attendance at a victim impact panel.
Maintaining an ignition interlock device on any vehicle they drive.
No alcohol or controlled-substance use during the diversion period.
No new traffic offenses.

If the program is completed successfully, the criminal DUII charge is dismissed. Failure to complete results in conviction on the original charge with full sentencing exposure.

Eligibility limits: no prior DUII conviction or diversion in the past 15 years, no commercial driver's license at the time of the offense, no DUII-related crash with injury, and no other felony conviction in the past 10 years. The diversion application must be filed within 30 days of arraignment.

First-offense criminal penalties (no diversion)

If diversion isn't pursued or isn't available, a first-offense DUII conviction carries:

Up to 1 year in jail (mandatory minimum 48 hours or 80 hours community service).
Fines of $1,000-$6,250, plus court costs.
1-year license suspension (in addition to any administrative suspension).
Mandatory ignition interlock device (IID) for at least 1 year after reinstatement.
Substance-abuse evaluation and treatment.
Victim impact panel attendance.
SR-22 financial responsibility filing for 3 years — see Oregon car insurance.

Aggravating factors

Penalties escalate when:

BAC at or above 0.15%.
A passenger under 18 in the vehicle.
An accident resulting in injury or property damage.
A prior DUII or implied-consent suspension within the past 5-10 years.

Repeat offenses

A second DUII within 5 years brings mandatory minimum jail time, longer license suspension, and a longer IID requirement. A third DUII within 10 years is a Class C felony — up to 5 years in prison, $125,000 fine, and lifetime license revocation. Oregon does not roll DUII convictions off the criminal record; they remain on the driving record for life.

For the path back to driving after a DUII suspension, see the Oregon suspended license page. For broader context on national DUI law, see the comparison guide.