ORS 813.010 is Oregon’s driving under the influence of intoxicants (DUII) statute. It makes it a crime to drive a vehicle while impaired by alcohol, cannabis, controlled substances, inhalants, or any combination of them, and it sets a per se blood alcohol limit of 0.08 percent. Most DUII offenses are Class A misdemeanors with a maximum of 364 days in jail. The charge becomes a Class C felony when the driver has at least three qualifying DUII-related convictions in the previous ten years.1Oregon State Legislature. Oregon Code 813.010 – Driving Under the Influence of Intoxicants; Penalty
Three Ways the State Can Prove a Violation
The statute gives prosecutors three independent theories. Any one of them supports a conviction on its own.
- Per se BAC. You drove with 0.08 percent or more alcohol by weight in your blood, measured by breath or blood test.
- Actual impairment. You drove while under the influence of any intoxicant or combination of intoxicants. No specific number is required.
- Two-hour rule. Within two hours after driving, and without drinking anything in between, you tested at 0.08 percent or higher.
The two-hour prong matters when testing happens after a delay following a stop or crash. If your reading hits 0.08 in that window and you did not consume alcohol after you stopped driving, the state can treat that result as if you had blown the same number at the wheel.2Oregon Law. Oregon Revised Statutes 813.010 – Driving Under the Influence of Intoxicants
The impairment prong is how drug cases proceed. There is no universally accepted per se limit for cannabis or most controlled substances, so the state relies on officer observations and other evidence of impaired driving ability.
Where the Law Applies and What Counts as Driving
ORS 813.010 covers “any premises open to the public,” not just public roads and highways. Parking lots, shopping centers, and similar private property where the public has access all fall within the statute.1Oregon State Legislature. Oregon Code 813.010 – Driving Under the Influence of Intoxicants; Penalty
“Driving” is also broader than most people assume. In State v. Cruz, the Oregon Court of Appeals held that a passenger who grabbed the steering wheel and pressed the accelerator was driving for purposes of the statute, because operation covers any movement or propulsion of a vehicle.3Justia Law. State v. Cruz – 1993 – Oregon Court of Appeals Decisions Oregon courts have also allowed DUII charges based on “actual physical control” of a parked vehicle, depending on facts like whether the engine was running and whether the keys were within reach.
Penalties: Misdemeanor and Felony
Class A Misdemeanor
A standard DUII conviction is a Class A misdemeanor, Oregon’s most serious misdemeanor classification. This covers first and second offenses without aggravating circumstances.1Oregon State Legislature. Oregon Code 813.010 – Driving Under the Influence of Intoxicants; Penalty The maximum jail term is 364 days.4Oregon Law. Oregon Revised Statutes 161.615 – Maximum Terms of Imprisonment for Misdemeanors
Class C Felony
DUII becomes a Class C felony when the driver has at least three qualifying convictions in the preceding ten years. Qualifying prior offenses include Oregon DUII convictions, out-of-state equivalents, impaired operation of a vehicle, aircraft, or boat in another jurisdiction, and driving in another jurisdiction with a BAC above that jurisdiction’s legal limit. Juvenile adjudications for equivalent conduct also count. The ten-year window runs from the dates of the prior offenses to the date of the current one.1Oregon State Legislature. Oregon Code 813.010 – Driving Under the Influence of Intoxicants; Penalty
A felony DUII carries a mandatory minimum of 90 days incarceration, and that minimum cannot be reduced for any reason.5Oregon Law. Oregon Revised Statutes 813.011 – Felony Driving Under the Influence of Intoxicants The felony record itself is permanent and affects employment, housing, voting rights during incarceration, and firearm possession.
License Suspension and Ignition Interlock
A DUII conviction triggers a DMV license suspension separate from any criminal sentence. A first conviction brings a one-year suspension. A second conviction brings three years, with no hardship permit available. DUII convictions stay on your Oregon driving record for 55 years.6Oregon Department of Transportation. DUII Convictions Suspension periods increase if you had a prior DUII conviction, prior diversion participation, or an implied consent suspension within five years before the current arrest.
Every DUII conviction also requires an ignition interlock device on any vehicle you operate. You need it installed before you can get a hardship permit, and it stays on after the suspension ends. A first conviction requires one year of interlock use after suspension; a second or subsequent conviction requires two. If the DUII is paired with a conviction for murder, manslaughter, criminally negligent homicide, first-degree assault, or aggravated vehicular homicide, the interlock requirement extends to five years past the longest suspension or revocation from those convictions.7Oregon Law. Oregon Revised Statutes 813.602 – Circumstances Under Which Ignition Interlock Device Required
Implied Consent and Refusing the Test
By driving in Oregon, you are treated as having already consented to a breath test, or a blood test if you are receiving medical care at a facility after a crash. Once an officer arrests you for DUII with reasonable grounds, that officer can request the test under Oregon’s implied consent law.8Oregon Law. Oregon Revised Statutes 813.100 – Implied Consent to Breath or Blood Test
You can refuse, but refusal is itself a specific fine traffic violation with a presumptive fine of $650.9Oregon Law. Oregon Revised Statutes 813.095 – Offense of Refusal to Take a Test for Intoxicants; Penalty Refusal also triggers an administrative license suspension that runs independently of the DUII case. The officer confiscates your license at the scene and issues a temporary permit. You can be acquitted of the DUII at trial and still lose your license for the refusal.
Diversion for First-Time Offenders
Oregon lets eligible defendants enter a DUII diversion program. If you complete it, the charge is dismissed rather than becoming a conviction. That distinction matters, because a DUII conviction in Oregon has no expungement path (see below), while a dismissed charge does.
Eligibility is strict. You cannot have had a DUII conviction, diversion participation, or a similar alcohol or drug rehabilitation program in the 15 years before the current offense. You cannot have any other pending DUII charge, a pending vehicular homicide or assault charge, or a prior felony DUII conviction. Anyone holding commercial driving privileges at the time of the offense is ineligible.10Oregon Law. Oregon Revised Statutes 813.215 – Eligibility for Diversion
Consequences Beyond the Criminal Case
Commercial Drivers
A first DUII conviction disqualifies a CDL holder from operating a commercial motor vehicle for at least one year, or three years if placarded hazardous materials were involved. A second violation results in a lifetime federal disqualification, though federal rules allow possible reinstatement after at least ten years under certain conditions.11Office of the Law Revision Counsel. 49 USC 31310 – Disqualifications Oregon imposes a matching lifetime commercial suspension after a second DUII conviction.6Oregon Department of Transportation. DUII Convictions
Travel to Canada
A DUII conviction can make you criminally inadmissible to Canada. Under Canada’s Immigration and Refugee Protection Act, a foreign national is inadmissible if convicted of an offense that, if committed in Canada, would be an indictable offense. Canada’s Criminal Code treats impaired driving as an offense punishable by up to ten years imprisonment, so even a single U.S. misdemeanor DUII can trigger inadmissibility.12Justice Laws Website. Immigration and Refugee Protection Act SC 2001, c. 27 – Section 36 Border officers have access to U.S. criminal databases. Entry requires a Temporary Resident Permit for a short visit or Criminal Rehabilitation for a permanent fix.
Insurance and Costs
Auto insurance premiums typically rise sharply after a DUII conviction, with national averages suggesting an increase near 80 percent. Oregon also requires an SR-22 certificate of financial responsibility for license reinstatement, which narrows your insurance options and adds cost. Fines, court fees, the interlock device, treatment, insurance increases, and reinstatement fees frequently push the total cost of a first offense into the thousands.
Can a DUII Be Removed From Your Record?
Oregon’s expungement statute, ORS 137.225, generally does not allow traffic convictions to be set aside, and a DUII conviction falls within that restriction. The one narrow exception is diversion: if you complete a DUII diversion agreement and the charge is dismissed, the statute specifically allows you to seek an order setting aside the arrest or citation record.13Oregon Law. Oregon Revised Statutes 137.225 – Order Setting Aside Conviction or Record of Criminal A DUII that becomes a conviction stays on the record permanently, which is the strongest practical reason to pursue diversion when you qualify.