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Topic guideUpdated 2026-02-27

Oregon DUI Penalties — Fines, Jail & Probation

Common consequences to discuss with counsel.

DUII penalties in Oregon escalate significantly with each subsequent offense and with aggravating factors like high BAC §813.010. Understanding the penalty structure helps you assess the stakes and make informed decisions.

First offense §813.010

A first DUII in Oregon is classified as a Class A misdemeanor (DUII).

  • Jail: 48 hours (or 80 hours community service) minimum to 1 year maximum
  • Fine: $1,000 to $6,250
  • License suspension: 1 year (criminal court); 90 days (DMV — administrative)
  • Substance abuse program: alcohol/drug treatment evaluation and recommended treatment
  • Community service: 80 hours in lieu of 48-hour jail minimum
  • Probation: available

Second offense

  • Jail: 48 hours minimum to 1 year maximum
  • Fine: $1,500 to $6,250
  • License suspension: 3 years

Third and subsequent offenses

  • Jail/prison: 90 days minimum to 5 years maximum
  • Fine: $2,000 to $125,000
  • License suspension: permanent revocation (with possible reinstatement after 10 years)
  • Felony threshold: third offense within 10 years is a Class C felony

Penalty comparison by offense tier

OffenseJail RangeFine RangeLicense Suspension
First DUII48 hours (or 80 hours community service)–1 year §813.010$1,000–$6,250 §813.0101 year (criminal court); 90 days (DMV — administrative) §813.010
Second DUII48 hours–1 year §813.010$1,500–$6,250 §813.0103 years §813.010
Third DUII90 days–5 years §813.010$2,000–$125,000 §813.010permanent revocation (with possible reinstatement after 10 years) §813.010

Lookback period

Oregon uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only DUII convictions within this window count toward the escalating penalty tiers.

Enhanced penalties for aggravating factors §813.010(1)(a)

  • BAC ≥ 0.15 (enhanced penalties)
  • Prior DUII within 10 years
  • Child under 18 in vehicle
  • Driving commercial vehicle

What these penalties mean in practice

Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.

⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced DUII attorney can often identify mitigating factors or procedural issues that affect the outcome.
Prepare for Your Consultation
Quick checklist (DUI)
Dates matter. If you have paperwork, bring it.
Citation or arrest
paperwork
Court dates
or hearing notices
Your timeline of events
(brief)
General preparation tips only. Deadlines vary by facts and jurisdiction.
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Common Questions

Frequently Asked Questions

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Related guides

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Oregon DUI & License Suspension — What Happens
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