Oregon DUII Defense | Free 24/7 Help Line 1-844-690-0555

DUII Defense in Oregon — what to do right now

Do three things right now. First, write down your exact arrest date — the DMV hearing request to challenge your suspension generally must reach Oregon DMV within 10 days of arrest. Second, note the date of your first court appearance — a diversion petition under ORS 813.200 usually must be filed within 30 days of it. Third, don't talk to anyone about the case except a lawyer. Then call 1-844-690-0555. We'll explain both deadlines in plain English and, if you want, help you book a paid consultation with an Oregon-licensed DUII attorney before either clock runs out.

The law in Oregon: DUII Defense

Oregon calls it DUII — Driving Under the Influence of Intoxicants — and it's prosecuted under ORS 813.010 in the Circuit Court of the county where you were stopped (or sometimes a Justice or Municipal Court). You can be charged for a breath or blood alcohol content of 0.08% or more, but also for being impaired by alcohol, cannabis, controlled substances, inhalants, or any combination — even with a BAC under 0.08. A first or second DUII is a misdemeanor; a third within 10 years becomes a felony.

Separate from the courtroom, Oregon's implied-consent law (ORS 813.100) lets the DMV suspend your license based on the arrest alone — whether you failed the breath test or refused it. This is an administrative action, decided by the Oregon DMV and the Office of Administrative Hearings, not by the criminal judge. You can lose your license here even if the criminal charge is later reduced or dropped, which is exactly why the 10-day window to request a hearing matters so much.

For many first-time defendants, ORS 813.200–813.255 offers DUII diversion: you enter a plea, the court holds it, and you complete roughly a 12-month program of alcohol/drug evaluation, treatment, a victim-impact panel, and an ignition interlock device. Finish it and the charge is dismissed. But the petition generally must be filed within 30 days of your first court appearance, and you're disqualified if you've had a DUII conviction or diversion in the past 15 years.

Penalties climb fast with each offense, and under ORS 813.011 a DUII becomes a Class C felony when you have at least two prior DUII convictions within the previous 10 years — carrying a mandatory minimum of 90 days in custody. Once you've been convicted of felony DUII, every later DUII is a felony for life. Understanding which tier you're facing changes everything about your defense; call 1-844-690-0555 to talk it through.

Key Statutes

ORS 813.010 — Driving Under the Influence of Intoxicants (the core DUII charge)
ORS 813.011 — Felony DUII (Class C felony on a 3rd offense within 10 years; 90-day mandatory minimum)
ORS 813.100 — Implied consent; license confiscation on test failure or refusal
ORS 813.200–813.255 — DUII diversion program
ORS 137.225 — Setting aside ('expunging') eligible records

Courts & Agencies

Circuit Courts in all 36 counties — try the criminal DUII case (e.g. Multnomah County Circuit Court, Portland)
Justice & Municipal Courts — handle some local DUII matters
Oregon DMV (Driver & Motor Vehicle Services) — issues the administrative suspension
Office of Administrative Hearings — conducts the implied-consent hearing
Oregon Court of Appeals — reviews convictions and rulings

Penalties & Deadlines

~10 days from arrest — request a DMV implied-consent hearing
~30 days from first court appearance — file a diversion petition (ORS 813.210)
First DUII: minimum $1,000 fine ($2,000 if BAC 0.15%+), up to $6,250
First offense: 90-day administrative suspension on a failed test; 1-year ignition interlock after reinstatement
Test refusal: roughly 1-year suspension (3 years for a repeat refusal) plus a $500–$1,000 fine

In Oregon, the Diversion Clock Starts Before You Even Have a Lawyer

Here's what blindsides people: if you've had no DUII conviction or diversion in the past 15 years, ORS 813.200 may let you petition for diversion — roughly a 12-month contract of treatment and an ignition interlock that ends in your case being dismissed. The trap is timing. The petition generally must be filed within 30 days of your first court appearance unless the court grants more time for good cause, and a $490 filing fee plus a $150 screening fee apply. Many people are still deciding whether to hire a lawyer when that window closes — and a dismissal-eligible case turns into a permanent conviction. That's why this is a call-now situation, not a next-week one. Phone 1-844-690-0555 free, any hour.

Likely outcomes & penalties

Real Oregon DUII outcomes depend on your BAC, your record, whether you refused testing, and how fast you act. These are typical ranges, not promises:

First offense, diversion completed

Charge dismissed after roughly 12 months of treatment, a victim-impact panel, and ignition interlock — but you still pay the $490 filing fee, the $150 screening fee, and interlock and treatment costs, and a failed-test suspension may still run.

First conviction (no diversion)

Minimum $1,000 fine (at least $2,000 if BAC 0.15%+), up to $6,250; either 2 days–1 year jail or 80–250 hours community service; mandatory treatment; 1-year ignition interlock after a 1-year license suspension.

Second conviction within 5 years

No diversion available; a higher fine, a 3-year license suspension, and a 2-year ignition interlock requirement after the suspension ends, plus mandatory alcohol/drug treatment.

Third offense in 10 years (felony)

Class C felony under ORS 813.011 with a 90-day mandatory minimum in custody and a permanent license revocation — and every DUII for the rest of your life is then charged as a felony.

Mistakes to avoid

⚠️

Letting the ~10-day DMV hearing window lapse because you assumed the license suspension was part of the court case — it's a separate Oregon DMV action with its own clock.

⚠️

Waiting too long to decide on a lawyer and blowing the ~30-day diversion petition deadline, turning a dismissible first DUII into a permanent conviction.

⚠️

Assuming refusing the breath test makes the case go away — in Oregon a refusal triggers its own suspension (about 1 year, or 3 for a repeat) and a $500–$1,000 fine, and prosecutors can use the refusal against you.

⚠️

Thinking a BAC under 0.08 means you're safe — Oregon charges DUII for impairment by cannabis, prescription or controlled drugs, and inhalants, with no per se number required.

⚠️

Treating a treatment evaluation, victim-impact panel, or interlock requirement casually — a single missed step can terminate diversion and reinstate the conviction you were trying to avoid.

How it works

Call 1-844-690-0555 — free, 24/7. Reach our line any hour, with no income test and no web form. Tell us what happened and when you were arrested. We'll help you map your two deadlines — the DMV hearing window and the diversion petition window — straight away.

Talk to an AI assistant trained on Oregon + federal law. You'll get clear, plain-English information about ORS 813.010, diversion under ORS 813.200, implied consent, and what your BAC and record likely mean — in your language, including Spanish. It's legal information, not legal advice, and creates no attorney-client relationship.

Get matched with an Oregon DUII attorney if you want one. If your situation calls for a lawyer, we can help you book a paid consultation with an Oregon-licensed DUII defense attorney. (US booking isn't live yet, so we arrange it over the phone.) You decide whether to take that step.

Free & low-cost DUII Defense help in Oregon

Legal Hotline is not a law firm or a public defender, and these organizations are independent of us. For a DUII charge specifically, start with the call — but these verified Oregon resources can also help:

Oregon State Bar Lawyer Referral Service (LRS)

The official OSB referral line — (503) 684-3763 in Portland or (800) 452-7636 toll-free statewide, Mon–Fri. Connects you to a vetted Oregon attorney for an initial consultation of up to 30 minutes for no more than $50; OSB also runs a Modest Means Program for reduced fees in criminal matters.

Oregon DMV — Implied Consent Hearing

The official DMV page explaining how to request and prepare for the administrative hearing that challenges a DUII-related license suspension — including the strict deadline to ask for one. Crucial reading if you want to fight the suspension.

Oregon Judicial Department — DUII Diversion

The state courts' official information and forms for the DUII diversion program, including the Petition and Agreement form filed under ORS 813.210. A reliable, non-marketing source on how diversion actually works.

Oregon State Bar — Modest Means Program

Reduced-fee legal help for people who don't qualify for free legal aid but can't afford standard rates, available in criminal matters including DUII. Accessed through the OSB referral programs hub.

Oregon Law Help (OregonLawHelp.org)

The state's free legal self-help site — plain-language guides and links to court and DMV resources. A good orientation point for understanding the system before you act, though criminal defense itself needs a lawyer.

Oregon Judicial Department — Find a Court

Locate the Circuit Court handling your case, find appearance dates and local rules, and reach county Legal Resource Centers. Knowing your exact court is the first step to tracking your 30-day diversion window.

FAQ — DUII Defense in Oregon

What does DUII mean in Oregon, and how is it different from DUI?

DUII stands for Driving Under the Influence of Intoxicants — Oregon's term, broader than a typical 'DUI' because it covers alcohol, cannabis, controlled substances, and inhalants under ORS 813.010. You can be charged even with a BAC under 0.08 if you're impaired. Call 1-844-690-0555 for free information on exactly what you're charged with.

How long do I have to save my driver's license after a DUII arrest?

Generally about 10 days from your arrest to request an implied-consent hearing with the Oregon DMV — a separate process from your criminal case. Miss it and the suspension usually takes effect automatically. This deadline is short and unforgiving, so call 1-844-690-0555 now to understand it before it passes.

What is DUII diversion and am I eligible?

Diversion under ORS 813.200 lets many first-time defendants complete roughly a 12-month treatment-and-interlock program in exchange for dismissal of the charge. You're generally disqualified if you've had a DUII conviction or diversion in the past 15 years. The petition usually must be filed within 30 days of your first court date. Call 1-844-690-0555 for free information on whether you may qualify.

What happens if I refused the breath test in Oregon?

Under implied consent (ORS 813.100), refusing triggers its own license suspension — roughly one year for a first refusal, three years for a repeat — plus a $500–$1,000 fine, and prosecutors can mention the refusal at trial. Refusing doesn't end the case. Call 1-844-690-0555 to understand what a refusal means for you.

How much does a first DUII conviction cost in Oregon?

A first conviction carries a minimum fine of $1,000 — at least $2,000 if your BAC was 0.15% or higher — up to a maximum of $6,250, plus mandatory treatment, a screening fee, and ignition-interlock costs. Diversion has its own $490 filing fee and $150 screening fee. Call 1-844-690-0555 for a plain-English breakdown.

Will I go to jail for a first DUII in Oregon?

A first conviction requires either jail (from 2 days up to a year) or community service (80–250 hours), at the judge's discretion. Completing diversion instead can avoid a conviction altogether. Which path fits your case depends on the facts — call 1-844-690-0555 for free information before you decide.

When does a DUII become a felony in Oregon?

Under ORS 813.011, a DUII is a Class C felony if you have at least two prior DUII convictions within the previous 10 years, carrying a 90-day mandatory minimum in custody. After one felony DUII, every later one is a felony for life. If you're facing a third charge, call 1-844-690-0555 right away.

Do I need a lawyer, or can I just do diversion myself?

You can technically petition for diversion on your own, but the eligibility rules, the 15-year lookback, and the parallel DMV suspension are easy to get wrong, and mistakes can cost you the dismissal. Call 1-844-690-0555 for free information first, and we can help you book a paid consultation with an Oregon DUII attorney if you want one.

Can a DUII be removed from my record in Oregon?

A completed diversion ends in dismissal, and some eligible records can later be set aside ('expunged') under ORS 137.225 — but a straight DUII conviction generally cannot be expunged in Oregon, which is a big reason to act fast on diversion. Call 1-844-690-0555 to learn what may be possible in your situation.

I was charged with DUII for cannabis or prescription drugs, not alcohol. Is that real?

Yes. ORS 813.010 covers impairment by cannabis, controlled substances, prescription medication, and inhalants — there's no per se number like 0.08 for drugs, so the case turns on evidence of impairment. These cases can be very defensible. Call 1-844-690-0555 for free information on how drug-DUII charges work.

Is this service free, and does calling create an attorney-client relationship?

The call to 1-844-690-0555 is free, 24/7, with no income test. Legal Hotline is not a law firm or a public defender; we provide legal information, not legal advice, and the call creates no attorney-client relationship. If you want a lawyer, we can help you arrange a paid consultation with an Oregon-licensed attorney. Call any time.

Are you an Oregon DUII defense attorney?

We connect frightened Oregonians to clear information first, then to vetted local attorneys when they're ready to hire one. If you're licensed in Oregon and defend DUII cases — from diversion petitions to implied-consent hearings to felony charges — you can join our referral network and receive matched, ready-to-act clients. Reach out to learn how it works. (This strip is for attorneys; if you're facing a charge, call 1-844-690-0555.)

For Attorneys →

Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Charged With DUII in Oregon? Two Clocks Are Already Ticking