The Guide To Oregon DUI Penalties & Punishments
Oregon DUI penalties and punishments can affect almost every part of your life, starting the moment you're charged. Getting a DUI comes with a lot of consequences, some immediate, others that stick around for years. That’s why it’s helpful to know right out of the gate what to expect. From court dates to license issues, the process can feel overwhelming if you’re not prepared. Understanding the basics early on can help you plan ahead and avoid even bigger problems down the road.
Oregon 1st DUI Penalties
● Charge Type:
Class A Misdemeanor
● Jail or Community Service:
○ Minimum 48 hours or max of one year jail time or
○ 80 hours of community service
● Fine:
○ Starts at $1,000
● License Suspension:
○ 1 year
● Other Requirements:
○ Alcohol/drug treatment classes
○ Victim impact panel
○ Ignition interlock device (usually required)
Oregon 2nd DUI Penalties
● Charge Type:
Class A Misdemeanor
● Jail or Community Service:
○ Up to 1 year in jail, or
○ 240 hours of community service
● Fine:
○ $1,500 to $6,250
● License Suspension:
○ 3 years if prior DUI was within 5 years
● Other Requirements:
○ Repeat of treatment classes and victim panel
○ Ignition interlock device (again required)
Oregon 3rd DUI Penalties
● Charge Type:
○ Class C felony (if within 10 years of prior DUIs)
● Jail Time:
○ At least 90 days
○ Up to 5 years possible
● Fine:
○ Starts at $2,000 with maximum of $125,000
● License Status:
○ Permanently revoked (no hardship license)
● Other Requirements:
○ Same treatment and education steps
○ Ignition interlock device (if ever reinstated)
DUII Diversion Program
In Oregon, the DUII diversion program gives first-time offenders a chance to avoid a conviction. If you qualify and follow the court’s conditions for one year, your DUII charge can be dismissed. Instead of going through the full penalties, you enter into an agreement, complete certain steps, and the case is closed without a criminal conviction if you’re successful.
Eligibility:
● No pending DUII charges in another case
● No DUII convictions or prior diversion in the last 15 years
● No felony DUII, vehicle-related injuries or deaths, or a commercial driver’s license at the time of arrest
● The DUII didn’t involve serious physical harm or fatalities
Requirements:
1. File your diversion petition within 30 days of your arraignment and enter a guilty or no-contest plea
2. Pay the program fee and any restitution
3. Complete an alcohol and drug evaluation and follow through with treatment
4. Attend a victim impact panel
5. Stay completely alcohol- and marijuana-free for 12 months 6. Install and use an ignition interlock device in any vehicle you drive
Costs and Fines of the Diversion Program:
● The initial filing fee is around $490
● Restitution may be required if you caused any damage or injury
● Costs for treatment programs vary—typically a few hundred dollars, sometimes more
● Alcohol diagnosis assessment fee of $150
● Victim Impact Panel fee between $5-$50
● Ignition interlock installation costs $70–$150 plus monthly service fees
● You’re still responsible for standard court costs and fines, which can add several hundred more.
In total, expect to invest well over $1,000 for the program, not including any legal fees. But the payoff is avoiding a DUII conviction, which can save you significantly more in the long run. If you stay on track, the charge disappears after a year; slip up, and you’re back to square one.
How a DUI Affects Your Gun Rights
Getting a DUI can impact more than just your license; it can affect your gun rights, too. Whether it’s a misdemeanor or felony DUI, the type of conviction matters. A felony DUI almost always results in losing your gun rights under federal law. Even a misdemeanor DUI can raise red flags, depending on the circumstances, your record, and the state you're in. If alcohol abuse or multiple offenses come into play, the court might restrict your right to own or carry firearms.
● Can You Still Carry Concealed?
If you already have a concealed carry license, a DUI could put that at risk. The state of Oregon will suspend or revoke your permit if you’re convicted. If you don’t have a permit yet, a DUI on your record can make getting one a lot harder. Even one DUI could mark you as a potential risk in the eyes of the licensing board. Whether you’ll be approved often depends on how recent the DUI was and if it involved anything more serious.
● Can You Buy a Gun?
In Oregon, whether you can buy a gun after a DUI depends on the type of conviction. A standard misdemeanor DUI usually won’t stop you from buying a firearm. But if your DUI was charged as a felony, you’ll likely lose that right under both state and federal law. Also, if your DUI involved violence, weapons, or multiple offenses, it could raise red flags during a background check. It’s not always a hard “no,” but certain situations can definitely create hurdles when trying to purchase a firearm in Oregon.
The Guide To Oregon DUI Penalties & Punishments Conclusion
Facing a DUI in Oregon can feel like your life just hit a wall, but understanding what you're up against is the first step forward. It’s not just about penalties on paper; it’s how those penalties affect your time, freedom, and future. If you’re dealing with this situation and aren’t sure what to do next, you don’t have to figure it out alone. At Powell Law in Beaverton, our experienced team knows how to handle DUI cases with care and strategy. We’ll walk you through your options, explain what to expect, and fight for the best possible outcome. Call our friendly staff today and let us help you move forward.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
