Oregon DUI Penalties

Oregon DUI penalties are different than in many other states. In general, Oregon DUI penalties start out rather light. There is a more lenient punishment for first-time offenders than many other states. However, things ramp up quickly in terms of seriousness after the first offense.

What are the penalties for a first DUI in Oregon?

The vast majority of drivers who receive a DUI in Oregon will be eligible for the diversion program. However, drivers who’ve had a DUI in the last 15 years, drivers with a commercial driver’s license, drivers who have been court-ordered to attend drug and/or alcohol classes within the last 15 years, and drivers who are otherwise ineligible for Oregon’s diversion program may be facing a conviction.

What are the penalties for a second DUI in Oregon?

By statute, the minimum penalty for a first-time DUI conviction in Oregon is 48 hours in jail or 80 hours of community work service. The maximum length of incarceration for a misdemeanor DUI conviction is one year in jail.

Also by statute, the minimum fine for a first-time DUI conviction in Oregon is $1,000– although some judges are willing to suspend imposition of the full fine and may then effectively reduce it. The maximum fine for a misdemeanor DUI is $6,250.00.

Also by statute, the minimum length for a driver’s license suspension following a first-time DUI conviction is one year. However, many drivers may be eligible for a hardship permit. An Ignition Interlock Device (IID) must be installed in any vehicle driven by the offender for a minimum of two years following a conviction. There are increased driver’s license suspensions, waiting periods or “black out” periods for hardship permit eligibility, and longer IID install requirements for offenders with more than one DUI conviction.

For a first-time conviction, there is typically some probation ordered. However, the length of probation, whether or not it will be bench probation, monitored probation, or supervised probation, and the length of the probation term can vary. The maximum length of probation for a misdemeanor DUI is five years.

All DUI cases in Oregon– from diversions to multiple prior convictions– require some form of DUI drug and alcohol treatment. Typically a court-approved evaluator will determine the level of treatment you need. The minimum requirement is four weeks of classes, and the maximum requirement is twelve weeks of classes. Some forms of treatment require periodic attendance at Alcoholics Anonymous (AA) meetings. However, there are many variables which can effect the intensity of the program, the frequency of classes, whether or not you need to go to AA, the length of the program, and the cost of the program.

What are the penalties for a third DUI in Oregon?

A third conviction for DUI in Oregon typically means the third incident but only second conviction. This is because most drivers will have taken diversion after their first DUI arrest, and no conviction would likely be entered. Assuming that a third DUI is a second DUI conviction, the following DUI penalties would be common:

Additional jail beyond the 48 hours mandated by statute, or additional community work service beyond the 80 hours mandated by statute. In some jurisdictions, you may see five-days jail. In other jurisdictions, you may see 30-45 days jail.
A period of extended probation that is monitored or supervised. A driver with a third DUI will likely be viewed by the Court as an individual with a substantial substance abuse problem, and therefore the Court will want that individual monitored closely.
A more intense form of drug and alcohol treatment.
A longer driver’s license suspension. Typically, a second DUI conviction in Oregon will result in a three-year driver’s license suspension (depending on when the prior occurred).
A longer requirement for an Interlock Ignition Device (typically five years).
Electronic monitoring. In many cases, the Court will want pre-trial electronic monitoring while the driver is on release (to verify that the driver is not consuming any alcohol).
Additional fines paid to the Court.

What are the penalties for a fourth DUI in Oregon?

A fourth conviction for DUI in Oregon typically means the fourth incident and a third conviction. This is because most drivers will have taken diversion after their first DUI arrest, and no conviction would likely be entered. Assuming that a fourth DUI is a third possible DUI conviction, things get complicated because the case could be a misdemeanor or a felony. The DUI penalties for a felony vary greatly from a misdemeanor. For more information, please review our page on Oregon felony DUI charges.

Additional Drunk Driving Penalties in Oregon

Although the penalties described above are the most common penalties for a DUI conviction in Oregon, there are other penalties or consequences– sometimes called “collateral consequences.” These consequences might include– but not be limited to:

Cancellation of automobile insurance coverage
Deportation for non-citizens
Limitations on travel to foreign countries for U.S. citizens
Loss of concealed carry permits
Loss of professional licenses or qualifications
Loss of employment
General stigma of criminal convictions or history

If you’ve received a DUI charge or if you’ve been arrested for DUI, and you need to know more about the potential Oregon DUI penalties, call our office. We can likely give you a better idea of what penalties and consequences you might be looking at.