The Guide To Oregon DUI Penalties: What Are The Punishments
- Chris Trotter
- May 24
- 4 min read
Updated: Jul 1
Driving under the influence is a serious offense in any state, but Oregon DUI penalties are some of the strictest in the nation. From fines and license suspensions to jail time and ignition interlock requirements, the penalties can significantly impact your life. In this post, we’ll explain what you can expect from a DUI conviction in Oregon and how it could affect everything from your driving privileges to your criminal record.
If you’re facing DUI charges, you need an experienced DUI attorney to represent you. At Trotter Law, we provide high-quality representation after our years of handling DUI cases. We understand the ins and outs of Oregon DUI punishments and will aggressively defend you to protect your rights. We're located in the Portland Metro Area. We serve in cities such as Clackamas County, Beaverton, Tigard, and more.
Oregon DUI Punishments
Driving under the influence of intoxicants is considered by the state to be a serious crime. In Oregon. DUI penalties have consistently become more strict. This increases depending certain factors, such as how many times you’ve been convicted. First and second DUI offenses are always classified as Class A misdemeanors, but if you’re arrested for a third DUI within 10 years of having previously been convicted twice for DUII, you’ll be facing a felony charge.
Here’s a breakdown of some of the punishments for a DUI in Oregon.
Oregon 1st DUI Penalties
A DUI charge in Oregon is a serious legal matter that can result in various consequences. 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. Click here for more information about the DUII Diversion Program: https://www.christrotterlaw.com/post/oregon-dui-diversion-program. If a first time DUII offender is not diversion eligible, they will be facing a potential conviction.
If you are convicted of a DUI and it’s your first offense, you will automatically have your driver’s license suspended for 1 year. You’ll have to use an ignition interlock device on your car. This makes it so you have to pass a breathalyzer test before the car will start. You may have to serve between 2 days and 364 days in jail or complete 80 hours of community service. You’ll pay a minimum of $1,000 in fines and have to completed a state certified drug and alcohol treatment program, as well as attend the Victim’s Impact Panel. You will also be required to use an ignition interlock device for 2 years from the conviction date.
Oregon 2nd DUI Penalties
If convicted of a second DUI, you face the following Oregon DUI penalties:
Up to 364 days in jail.
License suspension for a year. If it’s within 5 years of your first DUI, your license will likely be suspended for 3 years.
A minimum fine of $1,500.
The use of an ignition interlock device for 3 years from the conviction date.
Drug and alcohol treatment program.
Victim’s Impact Panel.
Oregon 3rd DUI Penalties
In Oregon, a third DUI arrest within 10 years of the first and second convictions is classified as a Class C felony. The penalties are much higher than for a first or second offense and can include:
Up to 5 years of prison time. And a minimum of 90 days in jail.
Permanent license suspension (Lifetime Revocation. May petition the court for reinstatement after 10 years.)
A minimum fine of $2,000.
Drug and alcohol treatment program.
Victim’s Impact Panel.
Any subsequent DUIs will carry similar, though increasingly severe, penalties as a third DUI offense.
Oregon DUI Fines
Oregon DUI penalties include fines. The amount depends on the factors surrounding your conviction:
A first offense DUI comes with a minimum fine of $1,000. However, if your BAC is 0.15 or more, the minimum fine is $2,000.
A second offense DUI comes with a minimum fine of $1,500.
A third offense DUI comes with a minimum fine of $2,000.
If there was a child in the vehicle with you, you may have to pay a fine of up to $10,000.
Each DUII conviction also comes with an additial "DUII Convictions Fee" of $255.
How A DUI Affects Your Gun Rights
One of the ways a DUI may affect you is the loss of your gun rights. A first-time DUI in Oregon is usually classified as a Class A misdemeanor. In general, a single DUI will not result in the permanent loss of your gun rights, unless other factors apply. However, if convicted of a DUI, you will be placed on probation. One of the general conditions of probation (see ORS 137.540) a prohibition on the posession of firearms. Fortunately, the court has authority to remove this prohibition. Though it will not happen automatically. The request must be made at the time of sentencing.
If the DUI is a felony (a third DUI offense in a 10 year period, or one involving serious injury or death), it becomes a Class C felony in Oregon. Under both state and federal law, felons cannot possess firearms. The loss of gun rights is automatic upon a felony conviction. If you have been convicted of a felony in Oregon, you may be eligible, once certain conditions are met, to have your gun rights restored.
If you have a concealed handgun license, you may lose your permit, even if it’s a first DUI conviction. As part of the requirements for a CHL, you can not be convicted of a misdemeanor within four years of the application.
Oregon DUI Penalties Summary
First and second offense DUIs in Oregon are treated as misdemeanors, but a third offense within 10 years of two prior DUII convicitons will be charged as a Class C felony. This would result in the loss of your gun rights.
If you’re facing DUI charges or looking to restore your gun rights after a third DUI, Trotter Law can help. Chris Trotter has spent his career handling DUI cases as well as gun rights cases. He’ll fight for you to protect your rights and help you receive the best possible outcome. Contact Trotter Law today for a consultation!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
