Is a DUI a Felony in Oregon? Third Offense in 10 Years

In Oregon, a DUI — formally called Driving Under the Influence of Intoxicants, or DUII — is a felony when it is your third qualifying offense within 10 years. A first or second DUII is a Class A misdemeanor. The third one, counted on the clock Oregon uses, is a Class C felony, and the penalty gap between the two is severe.¹

The Threshold: Third DUII in Ten Years

Oregon has two statutes that elevate a DUII to a Class C felony, and they overlap in most situations.

The main provision is ORS 813.011. Your current DUII is a felony if you have been convicted of at least two qualifying DUII offenses in the 10 years before the date of the current offense. A third DUII in a decade is a felony.¹

A second route sits in ORS 813.010(5). It makes a DUII a felony when you have at least three prior convictions or juvenile adjudications for impaired driving within 10 years, but only when the current offense involved a motor vehicle rather than a bicycle. This matters most when part of your history is juvenile court findings that wouldn’t register as “convictions” under ORS 813.011.²

Both statutes measure the 10 years backward from the date of your current offense, not from the date of the prior convictions. Any qualifying conviction that falls inside that window counts, regardless of when the underlying conduct occurred.

What Counts as a Prior

Oregon DUII convictions count. So do out-of-state impaired-driving convictions involving alcohol or controlled substances, or a BAC above the other state’s legal limit.¹ Under ORS 813.010(5), juvenile adjudications for impaired driving also count toward the three-prior threshold.²

A completed DUII diversion is different. Oregon’s diversion program dismisses the charge on completion, so there is no conviction. Both felony statutes require prior convictions (or, under 813.010(5), juvenile adjudications), and a completed diversion does not appear to count as a prior conviction for felony enhancement. Diversion still carries weight elsewhere: it blocks you from entering diversion again for 15 years from the earlier offense date, even if the earlier charge was dismissed.³

What a Felony DUII Actually Costs

A Class C felony DUII carries a mandatory minimum of 90 days in jail. That sentence cannot be reduced or suspended for any reason.¹

The lasting consequence is your license. A felony DUII conviction permanently revokes your driving privileges. There is no automatic expiration. You can petition the court for reinstatement, but not until at least 10 years after you finish your sentence, parole, or post-prison supervision. Even then, you have to prove by clear and convincing evidence that you are rehabilitated, pose no threat to public safety, and have completed any required treatment. If you pick up another motor vehicle crime during the revocation period, the 10-year clock resets from that later conviction.⁴

When a DUII causes a death or serious injury, separate charges such as manslaughter, criminally negligent homicide, or felony assault can apply alongside or instead of the DUII itself. A DUII conviction paired with any of those extends the ignition interlock device requirement to five years.⁵

How Misdemeanor Penalties Compare

At the misdemeanor level, you can be charged for driving with a BAC of 0.08% or higher, for driving while impaired by alcohol, a controlled substance, an inhalant, or a combination, or for reaching 0.08% within two hours of driving.² A second misdemeanor conviction inside the 10-year window carries stiffer penalties than a first, but the charge classification stays at the misdemeanor level.

Jail Time and Fines

A first-offense DUII carries a mandatory minimum of 48 hours in jail or 80 hours of community service. The minimum fine is $1,000, rising to $1,500 for a second conviction and $2,000 for a third or subsequent conviction when no prison term is imposed. If your BAC was 0.15% or higher, the minimum fine is $2,000 regardless of prior history. The maximum fine for a Class A misdemeanor DUII is $6,250.²⁶ If a passenger in the vehicle was under 18 and at least three years younger than the driver, the maximum fine climbs to $10,000.

License Suspension and Ignition Interlock

A first misdemeanor conviction triggers a one-year license suspension.⁷ After the suspension ends, you must install an ignition interlock device in any vehicle you drive for one year. A second conviction extends that IID requirement to two years after the suspension period. The device prevents the vehicle from starting if it detects alcohol on your breath, and the monthly lease and monitoring fees typically run several hundred dollars.⁵

Compare that to a felony: days in jail become a mandatory 90, a year-long suspension becomes permanent revocation, and the path back to driving legally starts a decade after supervision ends rather than on a fixed calendar date.

CDL Holders Face a Lower Threshold

If you hold a commercial driver’s license, two things change. Oregon applies a BAC threshold of 0.04% when you are operating a commercial vehicle, not the standard 0.08%.² And federal law disqualifies you from operating a commercial vehicle for at least one year on a first impaired-driving offense, whether you were in your personal car or a truck. A second offense is a lifetime CDL disqualification. If the first offense occurred while hauling hazardous materials, the disqualification is three years.⁸ CDL holders are not eligible for Oregon’s DUII diversion program, so the misdemeanor dismissal route is closed to them as well.³

The felony question still comes down to the same count: three qualifying DUIIs in 10 years. For a CDL holder, the lower BAC threshold just makes the first two easier to reach.

1
Oregon Public Law. Oregon Code 813.011 – Felony Driving Under the Influence of Intoxicants; Penalty
2
Oregon Public Law. Oregon Code 813.010 – Driving Under the Influence of Intoxicants; Penalty
3
Oregon Public Law. Oregon Code 813.215 – Eligibility for Diversion
4
Oregon Public Law. Oregon Code 809.235 – Permanent Revocation of Driving Privileges Upon Conviction of Certain Crimes
5
Oregon Public Law. Oregon Code 813.602 – Circumstances Under Which Ignition Interlock Device Required
6
Oregon Public Law. Oregon Code 161.635 – Fines for Misdemeanors
7
Oregon Department of Transportation. Oregon Suspension/Revocation/Cancellation Guide
8
Office of the Law Revision Counsel. 49 USC 31310 – Disqualifications