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  • Writer's pictureChris Trotter

The Oregon DUI Law Guide: Misdemeanor or Felony?

Updated: Jan 29


The Oregon DUI Law Guide

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 DUI laws, such as first offenses, second offense, the ORS DUII statue, 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 that it depends. The number of offenses as well as the severity of the situation will affect the DUI charge. Typically, if this is your first DUI, you’ll be looking at misdemeanor charges. However, if you already have two convictions and are charged with a third DUI within ten years, you will be facing a Class C Felony. Once 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

DUI charges in Oregon are a serious legal matter that can result in various consequences. First-time offenses in Oregon are typically treated as a Class A Misdemeanor. Conviction usually results in fines between $1000 to $3000, which will vary based on the circumstances of your case. You also probably have to serve between 2 and 10 or more days in jail. Other consequences may include probation, license suspension, and the required installation of an Ignition Interlock Device.

Additionally, you may have to complete a DUI education program and seek substance abuse treatment. Your insurance rates will likely go up, or your auto insurance may 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. Because Oregon’s DUI laws aim to deter driving under the influence of alcohol and other substances, a second offense will have more serious consequences than a first offense. Jail time will be somewhere between 10 and 60 or more days, the fine will increase to between $1500 and $3500, and probation is longer. Still, the charge will likely be tried as a misdemeanor rather than a felony.




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. 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:

  • A fine of between $1000 and $3000

  • Jail time between 2 and 10 or more days, up to 1 year

  • Probation between 18 and 36 months

  • License suspension for 1 year

  • Hundreds of dollars in additional fees

  • Substance abuse treatment classes

  • Victims impact panel class

  • Misdemeanor

Second Offense:

  • A fine of between $1500 and $3500

  • Jail time between 10 and 60 or more days, up to 1 year

  • Probation between 24 to 36 months

  • License suspension for 1 to 3 years

  • Hundreds of dollars in additional fees

  • Substance abuse treatment classes

  • Victims impact panel class

  • Misdemeanor

Third or Subsequent Offense:

  • A fine of between $2000 and $4000

  • Jail time for at least 90 days, and possible time in prison

  • Probation between 36 to 60 months

  • Lifetime revocation of license

  • Hundreds of dollars in additional fees

  • Substance abuse treatment classes

  • Victims impact panel class

  • Misdemeanor or felony (if it occurs within ten years of two previous convictions)

ORS 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, 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.

Oregon DUI Diversion Program


If you’re facing a first time DUI, you may be eligible for Oregon’s Diversion Program. Once completed, the charges are removed from your record, showing diversion rather than conviction. The Diversion program lasts for one year and typically includes treatment, a victim impact panel, and keeping your driving record clean.


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 appearance date. The Diversion Program can be extremely helpful, keeping a conviction off 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!


*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.







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