DUI Laws in Oregon

0.08 for drivers generally. Drivers under 21 fail the implied consent test with any amount of alcohol in the blood.

DUII is a Class A misdemeanor. A first conviction carries a minimum fine of $1,000 (at least $2,000 with 0.15 or more), and the court must impose at least 48 hours in jail or community service. The person must complete screening and treatment, and a DUII treatment completion certificate is required before driving privileges return. The DMV suspends the license for one year for a first conviction (hardship permit possible), and an ignition interlock is required after the suspension for one, two, or five years depending on prior offenses.

In Oregon, DUII is a Class C felony if the person has been convicted of DUII (or a comparable out-of-state impaired-driving offense) at least two times in the 10 years before the current offense. Once someone has been sentenced for felony DUII, the 10-year limit no longer applies, and any later DUII is a Class C felony no matter how much time has passed. Felony DUII carries a mandatory minimum of 90 days of incarceration.

Refusing a breath, blood, or urine test: one-year suspension (three years if, within the prior five years, the person had a DUII conviction, a diversion, or an implied consent suspension). Failing the test: 90 days (one year with such a prior). A urine test refusal adds a consecutive suspension. The officer takes a valid Oregon license and issues a 30-day temporary permit; the driver is entitled to a hearing. A court may also impose a presumptive $650 fine for refusing a breath or urine test. Refusal is admissible as evidence in court.

A second DUII conviction within five years brings a three-year license suspension. Implied consent suspensions increase if there was a DUII conviction, diversion, or implied consent suspension in the prior five years. DUII becomes a Class C felony when the person has at least three prior DUII convictions in the previous ten years.

Oregon DMV's guide to driving records says serious criminal traffic offenses such as DUII may remain on the driving record permanently. The DMV's certified court print shows convictions for major traffic offenses, diversion agreements and alcohol rehab entries for 10 years. The 3-year non-employment record shows entries for at least the previous 3 years, including diversion agreements.

A hardship permit is available for some suspensions and for habitual-offender revocation. After a first DUII conviction a hardship permit may be available (with a 30-day wait if the person was convicted of a separate traffic crime in the prior year); after an implied consent suspension, the waiting times are 90 days for a refusal and 30 days for a failed test. The permit is also available when the person is eligible for reinstatement but must still finish DUII treatment and use an ignition interlock.