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What is Driving Under the Influence of Intoxicants?

In Oregon, a person commits the crime of driving under the influence of intoxicants if the person drives a vehicle while the person:

a. Has 0.08 % or more blood alcohol content;

b. Is under the influence of intoxicating liquor, cannabis, psilocybin, a controlled substance or an inhalant;

c. Is under the influence of any combination of intoxicating liquor, cannabis, psilocybin, a controlled substance or an inhalant; or

d. Within 2 hours after driving a vehicle, and without consuming alcohol in the intervening period, has 0.08 percent or more by weight of alcohol in the blood of the person. See ORS 813.010

Oregon DUII Penalties

First Conviction

Results in a 1-year driver’s license suspension, probation, 2 days to 1-year in jail, or 80 hours of community service work.

Second Conviction

Results in a 3-year driver’s license suspension if it is within 5 years of your last DUII conviction. A second conviction can also result in additional jail and/or probation time.

Third Conviction

A third conviction within 10 years of previous convictions is a Class C felony that may result in prison time. It carries a mandatory minimum jail sentence of 90 days and a fine. The Oregon DMV revokes your driving privileges for life.

What is a DUII DiversionProgram?

If it is your first DUII offense you may be eligible to enter into a DUII Diversion Program pursuant to ORS 813.215. Let us help you determine if you qualify for diversion and complete the necessary forms.

Additional DUII Diversion Program Information