Oregon DUII First Offense Penalties

Two Separate Sets of Penalties

A first-offense DUII in Oregon triggers penalties on two independent tracks, and the totals depend on which path your case takes. The administrative track (DMV) suspends your license regardless of what happens in court. The criminal track imposes fines, possible jail time, and treatment requirements — but those penalties change dramatically depending on whether you enter diversion or take a conviction.

Administrative Penalties (DMV Track)

These kick in automatically based on your chemical test result, independent of your court outcome:

Breath test failure (BAC ≥ 0.08%):

• 90-day license suspension
• 30-day wait before you can apply for a hardship permit
• IID required on any vehicle you operate if you seek a DUII-related hardship permit or are subject to diversion or post-conviction IID requirements

Test refusal:

• One-year license suspension
• 90-day wait before hardship permit eligibility (180 days for urine test refusal)
• $650 civil penalty fine under ORS 813.095
• Refusal can be used as evidence of "consciousness of guilt" at trial

These suspensions begin 30 days after your arrest unless you request a DMV hearing within the 10-day deadline and the hearing results in a stay.

Criminal Penalties — Conviction Path

If you're convicted of first-offense DUII (a Class A misdemeanor under ORS 813.010), the mandatory minimums are:

• Fine: $1,000 minimum ($2,000 if BAC was 0.15% or higher; statutory maximum $6,250)
• Jail: 48 hours minimum, or 80 hours of community service as an alternative
• License suspension: One year (court-ordered, separate from the DMV suspension)
• IID: Required for 24 months post-conviction
• Treatment: Court-ordered substance abuse evaluation and treatment through an OHA-certified provider
• Conviction assessment: $255 plus local court fees ($300–$800 depending on the county)

A conviction stays on your criminal record permanently — Oregon does not allow DUII convictions to be expunged.

Criminal Penalties — Diversion Path

Most first-time offenders enter the DUII Diversion Program under ORS 813.200, which avoids a conviction entirely if you complete a 12-month program. The trade-off: you agree to a conditional guilty or no-contest plea upfront, and if the court finds a violation after a show-cause hearing, that plea converts to a conviction — no trial.

Diversion requirements:

• $490 filing fee (unitary assessment)
• $150 ADSS screening evaluation
• DUII education ($500–$750) or rehabilitation ($2,000+) based on assessment
• Victim Impact Panel attendance ($25–$50)
• IID installation and maintenance for 6–12 months
• Complete abstinence from alcohol and non-prescribed substances for 12 months
• Random urinalysis testing throughout

Successful completion → the DUII charge is dismissed. But the administrative license suspension from the DMV track still stands. Completing diversion doesn't restore your license — that requires separate reinstatement through the DMV.

Will You Actually Go to Jail?

For a standard first-offense DUII with no collision and no aggravating factors, jail time on a conviction is almost always served as the minimum 48 hours or substituted with 80 hours of community service. Judges in most Oregon counties do not impose extended jail sentences for uncomplicated first offenses.

If you enter diversion, there is no jail component at all — unless you violate the agreement, at which point the court enters the conviction and can impose the full range of penalties.

The scenarios that make jail more likely on a first offense: extremely high BAC (0.15%+), a collision with property damage, a child passenger, or a failure to appear at a scheduled hearing.

What Happens If You Drive on a Suspended License

Driving while suspended after a DUII is a separate criminal offense. If you're caught:

• Misdemeanor charge with up to one year in jail and a $6,250 fine
• Extended suspension — the DMV adds time to your existing suspension
• Vehicle impound — the vehicle can be seized and held
• Diversion termination — if you're in the diversion program, a new charge triggers a show-cause hearing and likely program termination, converting your conditional plea to a conviction

The hardship permit exists specifically to avoid this situation. If you need to drive for work, treatment, or medical appointments during your suspension, apply through the DMV using Form 735-6044 once your mandatory waiting period expires.

The Full Picture

The total financial exposure for a first-offense DUII in Oregon ranges from roughly $4,000–$8,000 through diversion to $8,000–$15,000+ through conviction, once you factor in attorney fees, insurance increases, and IID costs. Our Oregon First-Offense DUI Guide breaks down every fee, deadline, and decision point across both tracks so you can plan your path with full visibility.

See more Oregon guides →