Oregon DUI Laws

Oregon DUI laws prohibit any driver from having a blood-alcohol level of 0.08% or higher or any trace of illicit drugs in their system.
Written by Michelle Ballestrasse
Reviewed by Kathleen Flear
Oregon
DUI laws state that any driver over the age of 21 cannot have a blood-alcohol level of 0.08% or higher. This limit is reduced to 0.04% for commercial vehicle drivers.
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What is a DUI, DWI, and DUII?

A
DUI
refers to driving under the influence while a DWI means driving while intoxicated or impaired. DUII is a less-common term and means driving under the influence of intoxicants.
Each state determines the difference between these terms. Oregon uses DUII in reference to anyone driving with alcohol, drugs, or a combination of the two in their system—and is the only state to do so.
By Oregon definition, drugs refers to cannabis, controlled substances, psilocybin, inhalants, or a combination thereof.

DUI in Oregon

In Oregon, it is illegal to operate a vehicle with a blood-alcohol level of 0.08% or higher, under the influence of drugs as outlined above, or a combination of these. For commercial drivers, the BAC limit is 0.04%.
The definition of "vehicle" is broader in Oregon than in many other states and includes not only automobiles, motorcycles, and trucks, but also boats, bicycles, mopeds, and any other motor-powered mode of transportation.
Every state has an implied consent law stipulating that you consent to be tested if you’re suspected of driving under the influence of alcohol or drugs.
If you’re lawfully arrested for a DUII, you must submit to a urine, blood, or breath test. You do not have a right to consult with a lawyer before completing the test.

Penalties for DUI in Oregon

Drivers arrested for suspected DUII will receive administrative or license-based penalties, even if they are not yet or never formally convicted. A DUII conviction results in criminal penalties.
Oregon law stipulates minimum required penalties for each offense, which may be more severe if there are extenuating circumstances (e.g., the presence of a minor passenger at the time of the violation).

First offense

These penalties are meant to be immediate punitive action against offenders and may apply even before a formal DUII charge.
Penalty
Description
Fine
$1,000 to $6,250
Jail
48 hours (or 80 hours community service) to 1 year
License suspension
1 year
Ignition interlock device
1 year
SR-22 requirement
Yes
The minimum fine is raised to $2,000 if BAC level is at or above 0.15%. The maximum fine is raised to $10,000 if there is a passenger or passengers in the car that are under the age of 18 and at least 3 years younger than the driver.

Second offense

Penalty
Description
Fine
$1,500 to $6,250
Jail
48 hours (or 80 hours community service) to 1 year
License suspension
3 years
Ignition interlock device
2 years
SR-22 requirement
Yes
The minimum fine is raised to $2,000 if BAC level is at or above 0.15%. The maximum fine is raised to $10,000 if there is a passenger or passengers in the car that are under the age of 18 and at least 3 years younger than the driver.

Third offense

Penalty
Description
Fine
$2,000 to $125,000
Jail
90 days to 5 years
License suspension
Permanent, with option to appeal after 10 years
Ignition interlock device
2 to 5 years depending on prior convictions
SR-22 requirement
Yes
The maximum fine is $125,000 if the offender has been convicted of a class C felony.
The penalties outlined above are state-mandated minimums. Judges may increase the penalties at their discretion depending on the offender’s previous DUII history and their BAC at the time of violation.
All offenders, regardless of previous convictions, will be sentenced to probation not exceeding 5 years. In addition, all offenders must undergo a substance abuse screening assessment, recommended treatment program, and attend a Victim Impact Panel at their own expense.
Key Takeaway Oregon’s minimum penalties can change depending on extenuating factors at the time of the violation.
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Does a DUI impact car insurance in Oregon?

Yes, insurance companies take DUIIs very seriously and you’ll be classified as a
high-risk driver
.
With a DUII on your
Oregon driving record
, you can expect that insurance carriers will charge you significantly higher rates or may refuse to insure you entirely. That’s where
Jerry
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Your insurance carrier will also be required to fill out an
SR-22
to prove you have the
minimum car insurance required in Oregon
.

Other effects of a DUI

Beyond the conviction penalties and higher insurance rates, DUIIs can have some other lasting impacts on your life.
License revocation: After a DUII, you run the risk of
having your license revoked
if you’re charged with other serious offenses.
Ignition interlock device: All states have some type of ignition interlock program requiring drivers convicted of a DUII to install an interlock device in their vehicle to disable the engine if alcohol is detected on their breath.
Background checks: Your DUII will show up on a background check indefinitely, which can cause issues for future employment endeavors.

How to find cheap insurance after a DUI

Finding affordable
car insurance
after a DUII conviction can be difficult on your own. No matter what your record looks like,
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When your policy is up for renewal, Jerry's
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"I’ve gotten pulled over a few times in the past. With
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