The Oregon DUI Law Guide: Misdemeanor or Felony?
- Chris Trotter
- Dec 5, 2023
- 6 min read
Updated: Apr 18
Facing a DUI charge in Oregon is a serious matter that can have profound and lasting consequences for your life. Oregon DUI laws are intricate and subject to frequent updates. There’s often confusion about whether a DUI is considered a misdemeanor or felony. While you might consider representing yourself, you need an experienced lawyer who understands the complexities of Oregon DUI Laws and will seek the best possible outcome.
At Trotter Law, we have the experience and knowledge to help you through your DUI charges. With years of representing DUI clients in Oregon, we understand the nuances of Oregon DUI laws and can counsel you on the best strategy to defend yourself. We’ll assess your case, identify potential weakness in the prosecution’s case, and formulate the strongest defense possible.
In this guide, we’ll explain some of the intricacies of Oregon DUII laws, such as first offenses, second offense, the Oregon DUII statues, and the Oregon DUI diversion program, to ultimately answer whether or not a DUI is a misdemeanor or a felony in Oregon.
Is a DUI a Felony in Oregon?
Oregon DUI laws are designed to maintain road safety by addressing offenses related to driving under the influence of intoxicants. One of the first questions that often arises when facing DUI charges is whether or not a DUI is considered a felony in Oregon. The answer to that question is fairly straightforward:
It all depends on the number of prior DUII convictions, if any, and the timing of those convictions. A first time DUI is always a misdemeanor level offense. However, if you've been convicted of two prior DUII convictions within 10 years and you are arrested for a third DUI, you will be facing a Class C Felony. If convicted of a felony DUI, the ten year time frame no longer applies and any following DUI would be charged as a felony.
DUI First Offense in Oregon
A DUI charge in Oregon is a serious legal matter that can result in various consequences, whether it is a felony or a misdemeanor. First time DUI offenders are usually eligible for something called the DUII Diversion Program, which will result in the DUII charge being dismissed upon successful completion. See the diversion section below for more information. If a first time DUII offender is not diversion eligible, they will be facing a potential conviction.
A First-time conviction in Oregon is treated as a Class A Misdemeanor. A conviction results in fines between $1,000 to $6,250, which will vary based on the circumstances of your case. You will also likely serve between 2 and 10 or more days in jail, depending on which court has jurisdiction, though 80 hours of community service may be given instead of jail in some cases. Other consequences include probation, license suspension, and the required installation of an Ignition Interlock Device.
Additionally, you will have to complete a DUI education program and substance abuse treatment. Your car insurance rates will likely go up and the insurance company may even choose to drop you. Simply put, there’s a lot at stake when you’re facing a DUI charge.
2nd Offense DUI in Oregon
In the state of Oregon, a second offense DUI occurs if you’ve already had a first offense conviction. A second DUI offense is also classified as a misdemeanor, but is more serious than a first offense. Jail time will be somewhere between 10 and 60 or more days, depending on which court has jurisdiction. The fine will increase to between $1,500 and $6,250, and probation may be longer.
Oregon DUI Penalties
If you’re convicted of a DUI in Oregon, you’ll be facing multiple penalties. The length and severity are dependent on the circumstances of your arrest and your previous criminal history, if any. Oregon DUI laws have serious consequences that are meant to deter people from driving drunk or intoxicated. The penalties typically include fines, jail time, probation, license suspension, and required classes or treatment.
Here are the types of penalties to expect if you’re convicted of a DUI:
First Offense:
Minimum fine of $1000 plus an additional $255 conviction fee
A fine of at least $2000 if your BAC was .15% or higher within two hours of driving
A maximum fine of $6250 in either case but can be raised to $10,000 if you had a passenger who was under 18 years old in your vehicle and you were at least 3 years older than that passenger.
If convicted of a DUI, you will be required to complete a screening interview to determine the best substance abuse program for you. The driver will be obligated to pay for the treatment program as well as a fee of $150 for the screening.
You may also be ordered by the court to attend a “victim impact” treatment session. The cost of which will be $50.
Use of an ignition interlock device.
A 1-year driver's license suspension.
Probation will be imposed, typically for a period of 2 years.
Second Offense:
All of the same things for a first time DUII conviction, with the following additional potential consequences.
Jail Time: This varies greatly from one jurisdiction (court) to another. For example, a typical sentence in Washington County is 30 to 60 days. By comparison, a typical sentence is 15 to 30 days in Multnomah County.
Fines: The minimum fine for a second DUII conviction $1,500, plus a $255 DUII conviction fee.
License Suspension: A 2nd DUI results in a 3-year suspension of your driver’s license if the person was convicted of a DUII within the preceding 5 years. Otherwise, it is a 1-year suspension.
Third or Subsequent Offense:
If a person is charged with a DUII, and they were previously convicted for the crime of DUII twice within the previous 10 year period, then the current DUII offense will be charged as a class C felony. The penalties can include:
Time in Prison: The maximum sentence a person can received for a felony DUII conviction is 5 years in prison. There is a mandatory minimum of 90 days in jail.
Fines: Significant fines may be imposed. The minimum fine is $2,000 and the maximum fine is $125,000. Though the vast majority of defendants receive the minimum fine. There is also a mandatory $255 DUII conviction fee.
License Suspension: A third DUI conviction always leads to a lifetime driver's license revocation. It is not a "true lifetime" revocation, strictly speaking, as a person may petition the court to restore their driving privileges after 10 years without driving.
Alcohol/Drug Treatment: Participation in substance abuse treatment is mandatory.
Ignition Interlock Device: A person convicted of a third DUII, won't be doing any driving for at least 10 years. If, after the 10 years, the person's driving privileges are restored by the court, they will be required to use an ignition interlock device for a period of 5 years.
Probation or Post-Prison-Supervision (Parole): If prison time is imposed, meaning incarceration of 1 year or more, the defendant will be placed on Post-Prison-Supervision following their release from custody. If jail time is imposed, meaning incarceration for any amount of time less than a year, the defendant will be placed on probation. Both of these types of supervision include limitations on the defendant's liberty, including: no travelling outside the state without permission, random drug and alcohol testing, mandatory counseling, and more.
Oregon Revised Statute (ORS) for DUII
The Oregon DUI laws can be found under the Oregon Revised Statutes, or ORS 813.010. Oregon uses the term “Driving Under the Influence of Intoxicants” or DUII, which is synonymous with DUI. If you’re caught with a blood alcohol content (BAC) of .08 percent or higher with in 2 hours of driving, or if you’re driving under the influence of intoxicants such as cannabis, psilocybin, or controlled substances, you will be charged with a DUII under Oregon’s DUI laws.
Legislative Updates: What’s New in Oregon DUII Law?
Recent legislative changes have significantly impacted DUII law in Oregon:
1. House Bill 2316, effective in 2024, expands DUII liability to include any substance that impairs driving—not just alcohol, cannabis, psilocybin, or controlled substances. Even if you have a prescription, that alone won’t protect you. Certain conditions must be met to use that as a defense.
2. Another major change clarifies how blood alcohol content (BAC) is measured. As of 2023, Oregon law now states that having a BAC of 0.08% or higher within two hours of driving, without any drinking in between, is sufficient to convict you of DUII. Previously, prosecutors had to prove you were over the limit at the time of driving.
Oregon DUII Diversion Program
If you’re facing a first-time DUI, you may be eligible for Oregon’s Diversion Program. Once completed, your record will show a diversion/dismissal rather than a conviction. The Diversion program lasts for one year and typically includes treatment, a victim impact panel, among other things.
An experienced DUI lawyer can help you successfully complete the Diversion Program. In order to qualify, you have to submit paperwork within 30 days of your first court appearance, unless the court finds good cause to extend the timeline. The Diversion Program can be extremely helpful, minimizing the impact on your record while also helping you turn your life around.
If you’re facing a DUI in Oregon, Trotter Law can help. We’ll be your advocate, listening to you and challenging the prosecution every step of the way to ensure that you’re treated fairly. Don’t face DUI charges alone. Contact Trotter Law today! If you need a DUI attorney in Southern Oregon, we recommend Kollie Law in Medford.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
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