Oregon Implied consent – administrative / civil penalty for refusal
- Refusal with no prior refusal or violation driver’s license suspended for one year.
- Refusal with one or more prior refusals/violations in past five yearsà driver’s license suspended for three years. O.R.S. § 813.420-430.
- Implied consent – criminal penalty for refusal
- Refusal to take a chemical test is a “specific fine traffic violation,” with a presumptive fine is $650. O.R.S. § 813.095. The fine can vary between $500 and $1,000. O.R.S. § 813.130(f)
Oregon DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction driver’s license suspended for one year.
- Second conviction within five years driver’s license suspended for three years.
- Third conviction within five years driver’s license suspended for three years. O.R.S. § 813.400; ORS 809.428.
- State Department of Transportation must require offender to install IID on any vehicle used for one to two years after ending date of suspension or revocation, depending on the number of prior occurrences. O.R.S. § 813.602(1).
Oregon DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction Class A misdemeanor; jail sentence up to one year; minimum fine of $1,000.
- Second conviction Class A misdemeanor; jail sentence up to one year; $1,500 minimum fine.
- Third conviction Class A misdemeanor; jail sentence up to one year; $2,000 minimum fine if not sentenced to jail.
- Fourth conviction within 10 years Class C felony; jail sentence of 90 days to five years; minimum fine of $2,000. O.R.S. § 813.010; 813.011.
- As an alternative to jail, court can sentence a violator to 50-250 hours of community service. O.R.S. § 137.129.
- Additional penalties if driver commits a violation and causing physical injury or serious physical injury to another person. Child endangerment There is a maximum fine of $10,000 if a violation is committed while a person under age 18 in the vehicle and the driver is at least three years older than passenger. O.R.S. § 813.010(7).
DUI Arrest Statistics and Oregon Drunk Driving Statistics
| DUI Arrest Statistics | Data | |
| Average number of people arrested annually for drunk driving | 1,500,000 | |
| Oregon DUI’s | 17,015 | 3,871,859 |
* Sources: State Justice Department, Federal Highway Administration
