You know it.
We know it.
Driving under the influence is SUPER dangerous.
It’s no wonder the State of Oregon implements strict DUI laws.
And to do your part, you should know and obey these laws.
But what are the Oregon DUI laws?
We’re going to go over them here, as well as their penalties.
We’ll also answer some frequently asked questions about DUI in Oregon.
This is your one-stop article to know all you should about DUI laws in Oregon.
DUI Laws in Oregon
In Oregon, there are 4 main DUI laws. These are:
- Illegal BAC levels
- Zero Tolerance law
- Implied Consent law
- Open Container law
Let’s take a close look at each of these laws.
Illegal BAC Levels
BAC stands for Blood Alcohol Concentration.
This shows how much alcohol you have in your system.
Now, in Oregon, it is illegal to drive if your BAC level reaches:
- 0.08% if you’re 21 and above
- 0.04% if you hold a commercial driver’s license
You might be wondering, “How many drinks until I reach those levels?”
Well, it depends on your body type and weight.
But generally, one glass of alcohol already boosts your BAC level to 0.02%.
So if you ask us, we’d say don’t risk it and avoid driving whenever you drink.
Zero Tolerance Law
What about those below 21 years old?
Since these people are not even allowed to drink yet, a BAC level of 0.02% is already considered DUI.
This is Oregon’s Zero Tolerance Law — it has no tolerance for underage drinkers that get behind the wheel.
Implied Consent Law
This law states that you have already given consent to get tested for DUI once you’re issued an Oregon driver’s license.
So if a police officer suspects you of DUI, they will pull you over and make you take a breath, blood, or urine test.
And under the Implied Consent law, you must take it.
If you refuse, your driver’s license will be immediately taken and your driving privileges will be suspended. You’ll also have to settle a fine.
Of course, you have the right to fight the suspension by demanding a court hearing.
Open Container Law
Here’s one law that prevents DUI.
The Open Container law simply states that it is illegal to transport any open container of alcoholic liquor in a vehicle.
Remember, a broken seal is considered an open bottle.
This law, however, does not apply to the following:
- If you’re a passenger of a for-hire vehicle, such as a limousine.
- If the vehicle is used for living quarters, such as campers or motor homes.
- If the opened bottle is placed in the trunk or any place where the driver or passenger cannot reach.
DUI Penalties in Oregon
With strict laws come harsh penalties.
And that’s true with Oregon DUI laws.
Here are some of the base penalties that you’ll have to face:
| Offense | Fine | License Suspension | Jail Time |
| 1st | Minimum of $1,000 | 90 days | 48 hours to a year |
| 2nd | Minimum of $1,500 | 1 year | 48 hours to a year |
| 3rd or subsequent | Minimum of $2,000 | 3 years; permanently revoked if it’s a 4th conviction within 10 years | 90 days to 5 years |
We said that these were the base penalties.
You may face even harsher ones if you are charged with DUI with a passenger under 18 years old. The same is true if you cause damage, injuries, or death due to DUI.
Frequently Asked Questions About Oregon DUI Laws
I’m sure you still have so many questions about Oregon DUI laws.
So, let’s go over the most frequently asked ones.
Will I go to jail for my first DUI in Oregon?
There’s a high chance that you may go to jail on your first DUI offense. Depending on the situation, this can take as short as 48 hours or as long as one year.
That said, the court may grant you an 80-hour community service to replace this jail sentence.
How long do they hold you for a DUI in Oregon?
For your first and second offenses, you may be held for 48 hours to 1 year if you are not granted community service.
When it’s your third or subsequent offense, you will be held in jail for at least 90 days to 5 years.
Can a DUI be dismissed in Oregon?
A DUI can be dismissed if you try the case in court. You must be proven “not guilty” for your charges to be dismissed.
To help you, we advise that you hire a DUI attorney.
Do you lose your license immediately after a DUI in Oregon?
For your first DUI offense, you will have a license suspension of 90 days. Subsequent offenses can get at least a year or 3 of suspension.
Can you drive after a DUI in Oregon?
Yes, you can drive after a DUI once your license has been reinstated.
However, if you get a fourth conviction within 10 years, your driver’s license will be permanently revoked.
What happens in a DUI court in Oregon?
You will be called and the charges will be mentioned. After that, you or your attorney can plead guilty, not guilty, or no contest.
Depending on your answer, you may receive your penalties or will have to set a new date to defend your case.
Is a DUI a felony in Oregon?
A DUI is only a felony if you commit it a fourth time within a 10-year period. For the most part, DUI charges are Class A misdemeanors.
Can you get a DUI under .08 in Oregon?
Yes, you can.
This is if:
- You hold a commercial driver’s license
- You are below 21 years old
AND
- You are above 21 years old but show extreme signs of impaired driving (even if your BAC level is lower than 0.08%)
Can I refuse the breathalyzer test in Oregon?
Yes, you can refuse a breathalyzer test.
But since there is an Implied Consent law in Oregon, refusing will come with consequences. The penalty is a fine and license suspension that may take up to a year.
Conclusion
That was everything you needed to know about Oregon DUI laws.
DUI is a very serious matter.
This is why the State of Oregon makes sure to implement strict laws that come with severe penalties.
So if you don’t want to face that — or if you want to make sure that everyone on the road is safe — then you will NOT DRINK AND DRIVE.
It’s better to be safe than sorry!