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Ignition Interlock Laws in Oregon

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DUI Laws in Oregon

DUI and ignition interlock device (IID) regulations vary significantly across the United States, reflecting a patchwork of state-specific approaches to addressing impaired driving. Each state has different criteria for the installation of IIDs for DUI offenders, the duration of IID installation, procedures for IID removal, and penalties for tampering with the device. To ensure compliance with local laws, it is crucial to check with your state officials and continue reading relevant resources on the webpage for the most accurate and up-to-date information.

What to Know
  • Your license will be confiscated if your BAC is over .08% or you refuse a BAC test, even before a criminal trial.
  • You can drive under a temporary permit for 10 days. During this time, you can request a hearing to challenge the suspension. If no hearing is requested, the suspension begins on the 11th day and lasts for 3 months, with the option to install an interlock device after 30 days instead of serving the full suspension.
  • After the suspension, you will have a restricted license for essential activities (work, school, health care, etc.), and the court will require an interlock device for any offense with a BAC of .08% or higher.

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Administrative License Revocation (ALR) Procedures

Oregon Department of Motor Vehicles (DMV)

Oregon is one of 42 states that has implemented ALR meaning that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. 

You will be given a 10-day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. An administrative law judge will hear this case. If you do not request a hearing, your license will automatically remain suspended on the 11th day for 3 months. After the suspension period, you will have a restricted license to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court-approved locations, and emergencies. Oregon allows you to install an interlock device instead of suspension after 30 days.

Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures

In Oregon, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even on a first offense.

Step 1 of 2

Offense #(Required)

License Revocation, Fines, and Jail in Oregon

OffenseJail TimeFinesLicense RevocationIID DurationCommunity ServiceProgramProbation
First
Class A Misdemeanor
2 days – 1 year$1,000 to $6,250 (minimum $2,000 if BAC is over .15; up to $10,000 if a minor was in the vehicle)1 year1 year after license suspension80 hours (if no jail time is served)mandatory participation in a drug and alcohol evaluation and treatment program1 – 2 years
Second
Class A Misdemeanor
2 days – 1 year$1,500 to $6,250 (minimum $2,000 if BAC is over .15; up to $10,000 if a minor was in the vehicle)3 years2 years after license suspension80 hours (if no jail time is served)mandatory participation in a drug and alcohol evaluation and treatment program1 – 2 years
Third
Class C Felony*
90 days – 5 years$2,000 to $6,250 (up to $10,000 if a minor was in the vehicle)permanent revocation (with potential hardship reinstatement after 10 years)5 years after hardship reinstatementdiscretionary by the courtmandatory participation in a drug and alcohol evaluation and treatment programup to 5 years
Fourth
Class C Felony
up to 5 yearsup to $125,000permanentrequired only if hardship reinstatement occurs, which is unlikely for fourth or subsequent offensesdiscretionary by the courtmandatory participation in a drug and alcohol evaluation and treatment programup to 5 years
*if third offense is within 10 years

Oregon DUI Laws

Oregon has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.