In Oregon as in all 50 states, driving with a blood alcohol concentration (BAC) at or exceeding .08 percent can result in a DUI conviction, which carries with it several potential penalties, including license suspension, jail time and fines. Oregon DUI penalties increase in severity for repeat offenses, and the look-back period for repeat offenses is five years.
Oregon DUI penalties may also include court-ordered drug and alcohol education or treatment, but they do not include vehicle confiscation. Oregon does require the installation of an ignition interlock device (IID) for all DUI convictions, even a first offense, per a 2007 law, and in 2011, IID installation became required in the vehicles of those who receive diversion agreements as part of their sentences as well.
The state adopts a zero-tolerance policy in regard to minors driving under the influence; anyone under the age of 21 will receive a DUI conviction for being found with a BAC of anything exceeding .00 percent. Oregon also does not allow plea bargains for the lesser charge of reckless driving while intoxicated, also known as a “wet reckless” plea.
Penalties for Violating Oregon’s Implied Consent Law
Implied consent laws, present in every state’s statutes in some form or another, entail that by operating a vehicle, you automatically consent to a chemical analysis of your blood, breath or urine if an officer has reasonable cause to suspect that you are under the influence of drugs or alcohol. Refusal to submit to chemical analysis of the officer’s choosing will result in an obligatory license suspension and potential fines. A first offense will result in a one-year license suspension and potential fines of $500 to $1,000 at the discretion of the court. Second and third offenses carry a three-year suspension period and similar potential fines.
Penalties for a 1st DUI offense
Oregon DUI penalties for a 1st conviction include a mandatory 90-day suspension of the offender’s license along with minimum jail time of two days. Further jail time, up to one year, may be assigned. Hardship permits are available to allow convicted offenders to get to and from work or engage in other limited activities as determined by the courts. Ignition interlock devices are a required penalty in Oregon; they are to be installed after the license suspension period ends. IIDs are mandatory for a year after suspension ends for first offenses. Potential penalties also include fines of at least $1,000.
Penalties for a 2nd DUI offense
A second DUI conviction carries a mandatory license suspension of one year, and an IID is required for two years after the suspension period ends. There are no minimum jail time requirements for second DUI offenses in Oregon, but potential jail time up to one year may be assigned by the court. Mandatory community service and alcohol education or treatment programs may be assigned in place of a jail sentence. Potential penalties also include fines of at least $1,500.
Three or more DUI convictions within a period of 10 years are considered a felony offense under Oregon law. A felony DUI is punishable by permanent license suspension, a maximum sentence of five years and fines of no less than $2,000 if the person’s sentence does not include imprisonment.