Oregon · DUII

Oregon DUII laws and penalties

Oregon's legal BAC limit is 0.08%. For a first offense, Oregon's statute provides jail of 48 hours to 364 days, a fine of $1,000 to $6,250, and a license suspension of 1 year. The license hearing, the ignition interlock rule and the statute behind every figure are below.

In Oregon the offense is called DUII (driving under the influence of intoxicants). It is the offense most states call DUI.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.15%; Where the penalties step up
Zero tolerance (under 21): 0.00%; Any trace may result in DUII
Lookback period: Varies; Prior DUII offenses that count

License hearing: ask within 10 days

The request must reach the Department of Transportation within 10 days of the arrest (10 days from the notice if a blood test was used). Count the days with the license-hearing window calculator.

Ignition interlock required after a first conviction

Higher BAC level. At 0.15 or more the minimum fine is $2,000 instead of $1,000 (first offense) or $1,500 (second).

Ignition interlock. One year after the suspension or revocation ends, and before any hardship permit.

Lookback. 5 years for the license-suspension schedule; a felony counts two priors in the previous 10 years; the fine and interlock tiers state no time limit.

Oregon states the DUII fine as a minimum in ORS 813.010(6) ($1,000 first, $1,500 second, $2,000 at 0.15 or more) and the ceiling comes from the Class A misdemeanor cap; the 48-hour imprisonment can be replaced by community service. A DUII after two convictions in the previous 10 years is a Class C felony with a 90-day mandatory minimum (ORS 813.011).

01Penalties

Oregon DUII penalties

Statutory ranges for standard DUII convictions (no accident, no minor in vehicle).

Oregon statutory DUII penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	48 hours (or community service instead)	48 hours (or community service instead)
Jail (maximum)	364 days	364 days
Fine (minimum)	$1,000	$1,500
Fine (maximum)	$6,250	$6,250
License suspension	1 year	3 years if the offense and an earlier conviction fall within 5 years; otherwise 1 year

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Oregon compares

Of the 49 states with a confirmed BAC limit, 48 (Oregon among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Oregon requires one after every first conviction.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Oregon gives 10.

Oregon and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
California	0.08%	10 days	At the judge's discretion	96 hours to 6 months	$390 to $1,000	6 months
Idaho	0.08%	7 days	Required	Up to 6 months	Up to $1,000	30 days absolute suspension, then 60 to 150 more days
Nevada	0.08%	No fixed deadline	Required	2 days to 6 months	$400 to $1,000	185 days
Oregon (this page)	0.08%	10 days	Required	48 hours to 364 days	$1,000 to $6,250	1 year
Washington	0.08%	7 days	Required	24 hours to 364 days	$350 to $5,000	90 days

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUII case moves through the system in Oregon

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUII and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
The request must reach the Department of Transportation within 10 days of the arrest (10 days from the notice if a blood test was used).
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Oregon's statute provides jail of 48 hours to 364 days, a fine of $1,000 to $6,250, and a license suspension of 1 year. See the penalties table above.

04Sources

Where Oregon's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

Or. Rev. Stat. § 813.010 (oregonlegislature.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · License hearing request · Ignition interlock, first offense · First offense: jail, minimum · First offense: fine, minimum · Second offense: jail, minimum · Second offense: fine, minimum
Or. Rev. Stat. §§ 809.428(2), 813.010(6), 813.011(1) (oregonlegislature.gov)Lookback period · First offense: license · Second offense: license
Or. Rev. Stat. §§ 813.010(4), 161.615(1) (oregonlegislature.gov)First offense: jail, maximum · First offense: fine, maximum · Second offense: jail, maximum · Second offense: fine, maximum

Show the exact words behind each figure

Main statute

Or. Rev. Stat. § 813.010

813.010 Driving under the influence of intoxicants; penalty. (1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:

BAC limit, age 21 and over

0.08%

Or. Rev. Stat. § 813.010(1)(a)

(a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150;

Higher BAC level

0.15%

Or. Rev. Stat. § 813.010(6)(e)(A)

(e)(A) For a person who drives a vehicle, other than a bicycle, while the person has 0.15 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150, a minimum of $2,000.

BAC limit under 21

0.00%

Or. Rev. Stat. § 813.300(3)

(3) Notwithstanding subsection (2) of this section, for purposes of the Motorist Implied Consent Law as defined in ORS 801.010, for a person who is under 21 years of age, any amount of alcohol in the blood constitutes being under the influence of intoxicating liquor.

Lookback period

Varies (see the note on the page)

Or. Rev. Stat. §§ 809.428(2), 813.010(6), 813.011(1)

(2) Schedule II. The suspension or revocation periods under Schedule II are as provided in this subsection. The period of suspension or revocation under this schedule shall be: (a) One year for a first offense or for any offense not described in paragraph (b) or (c) of this subsection. (b) Three years for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period.

License hearing request

10 days

Or. Rev. Stat. § 813.410(4)

(4) If within 10 days from the date of arrest, or, if the person fails a blood test, within 10 days from the date the department sends notice of suspension, the department receives a request for a hearing from a person whose driving privileges or commercial driving privileges the department proposes to suspend under this section, the department shall provide a hearing

Ignition interlock, first offense

Required after a first conviction

Or. Rev. Stat. § 813.602(1)

(1) Subject to subsections (2) and (6) of this section, when a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation, in addition to any other requirement, shall require that the person have installed and be using an approved ignition interlock device

First offense: jail, minimum

48 hours (or community service instead)

Or. Rev. Stat. § 813.020(2)

(2) The court must impose and not suspend execution of a sentence requiring the person either to serve at least 48 hours

First offense: jail, maximum

364 days

Or. Rev. Stat. §§ 813.010(4), 161.615(1)

(1) For a Class A misdemeanor, 364 days.

First offense: fine, minimum

$1,000

Or. Rev. Stat. § 813.010(6)(b)

first conviction if the current offense was committed while operating a vehicle other than a bicycle, a minimum of $1,000.

First offense: fine, maximum

$6,250

Or. Rev. Stat. §§ 813.010(4), 161.635(1)(a)

(a) $6,250 for a Class A misdemeanor.

First offense: license

1 year

Or. Rev. Stat. §§ 813.400(1), 809.428(2)(a)

(a) One year for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.

Second offense: jail, minimum

48 hours (or community service instead)

Or. Rev. Stat. § 813.020(2)

(2) The court must impose and not suspend execution of a sentence requiring the person either to serve at least 48 hours

Second offense: jail, maximum

364 days

Or. Rev. Stat. §§ 813.010(4), 161.615(1)

(1) For a Class A misdemeanor, 364 days.

Second offense: fine, minimum

$1,500

Or. Rev. Stat. § 813.010(6)(c)

second conviction if the current offense was committed while operating a vehicle other than a bicycle, a minimum of $1,500.

Second offense: fine, maximum

$6,250

Or. Rev. Stat. §§ 813.010(4), 161.635(1)(a)

(a) $6,250 for a Class A misdemeanor.

Second offense: license

3 years if the offense and an earlier conviction fall within 5 years; otherwise 1 year

Or. Rev. Stat. §§ 813.400(1), 809.428(2)(b)

(2) Schedule II. The suspension or revocation periods under Schedule II are as provided in this subsection. The period of suspension or revocation under this schedule shall be: (a) One year for a first offense or for any offense not described in paragraph (b) or (c) of this subsection. (b) Three years for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period.

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Oregon DUII laws at a glance