Oregon DUI Penalty Chart: What the Consequences Look Like at Each Level

Getting charged with a DUI in Oregon triggers a layered set of penalties — criminal, administrative, and driving-related — that stack differently depending on your history, your blood alcohol content (BAC), and the specific circumstances of the stop. This chart-style breakdown covers how Oregon structures those penalties, what escalates them, and why no two DUI cases end up looking exactly the same.

How Oregon Defines a DUI

Oregon law uses the term DUII — Driving Under the Influence of Intoxicants. It applies to alcohol, controlled substances, and inhalants. The legal BAC limit is 0.08% for most drivers, 0.04% for commercial drivers, and 0.00% for drivers under 21.

You can also be charged with DUII even below 0.08% if an officer determines your driving was impaired.

Oregon DUII Penalty Overview by Offense Level

Fines shown are statutory ranges. Actual totals with court costs, fees, and assessments are typically significantly higher.

What Escalates the Penalties ⚠️

Several factors push a DUII charge into more serious territory:

• BAC of 0.15% or higher — Oregon considers this an aggravating factor and it can affect sentencing
• Prior DUII convictions — Oregon looks back 10 years for misdemeanor escalation; a third offense within that window becomes a felony
• Passenger under 18 in the vehicle at the time of the offense
• Causing an accident — especially one involving injury or death, which shifts the charge entirely
• Refusing a breath or blood test — Oregon has an implied consent law; refusal triggers automatic license suspension and can be used against you in court

The Administrative vs. Criminal Track

One important distinction: Oregon runs two separate processes after a DUII arrest.

1. Criminal case — handled in court. This determines guilt, sentencing, fines, and jail time.

2. Administrative license suspension (implied consent) — handled by the Oregon DMV, separate from the criminal outcome. This can happen even if charges are later reduced or dropped.

For a first offense, the administrative suspension is typically 90 days for submitting to a BAC test that exceeds the legal limit, or 1 year for refusing. These run alongside — not instead of — criminal court suspensions.

Diversion: Oregon's First-Offense Option

Oregon offers a DUII Diversion Program for eligible first-time offenders. Key features:

• One-year program involving a treatment plan, alcohol and drug screening, and no new offenses
• Requires installation of an ignition interlock device (IID)
• Completion results in dismissal of the DUII charge
• Not available if there's a prior DUII or diversion in the past 15 years, if the offense involved a commercial vehicle, or if it involved injury or death

Diversion doesn't erase the arrest from your record, and it doesn't prevent the administrative license suspension from occurring.

Ignition Interlock Device Requirements

Oregon law requires an IID for anyone convicted of DUII — or anyone who completes the diversion program. The device requires the driver to pass a breath test before the vehicle will start.

Required IID periods vary:

• 1 year for most first offenses
• 2 years for second offenses
• Longer periods for felony-level offenses

The cost of the IID is borne by the driver — typically a monthly rental and calibration fee. Low-income drivers may qualify for a reduced-cost program through Oregon DHS.

What You'll Actually Pay 💸

Statutory fines don't reflect the real financial picture. A first-offense DUII in Oregon often results in total costs that include:

• Court fines and fees
• DMV reinstatement fees
• Alcohol/drug treatment program costs
• IID installation and monthly rental
• SR-22 insurance filing (required for license reinstatement — and it raises your premiums)
• Attorney fees, if retained

When all costs are added up, a first-offense DUII regularly runs $5,000 to $15,000 or more, depending on attorney involvement, whether the case goes to trial, and the specific county court.

Variables That Shape Individual Outcomes

Oregon's penalties are statutory minimums and maximums — what actually happens depends on:

• County and judge — some courts are stricter than others
• Whether you had an attorney and the strength of any defense
• Your BAC level at time of arrest
• Whether you completed diversion versus going to trial
• Prior record beyond just DUII convictions (including reckless driving)
• Victim involvement — any injury changes the trajectory entirely

Oregon's DUII law sets the framework, but the path from arrest to final outcome varies based on specifics that no general chart can fully capture.