Oregon DUI Law Explained

In Oregon, there are three basic ways to break the DUI law:

1. Have a 0.08 percent alcohol concentration;
2. Be under the influence of liquor, a controlled substance of inhalant; or
3. Be under the influence of a combination of liquor, controlled substance and and inhalant.

An Oregon DUI is a misdemeanor unless there are three convictions within a 10 year period, in which case is becomes a felony.

813.012 Crime classification for purposes of rules of Oregon Criminal Justice Commission.

(1) The Oregon Criminal Justice Commission shall classify a violation of ORS 813.010 that is a felony as crime category 6 of the rules of the Oregon Criminal Justice Commission.

(2) In determining criminal history for a person convicted of a felony that has operation of a motor vehicle as an element, or of a felony that involved death, injury or property damage caused by the use of a motor vehicle, the commission shall:

(a) Consider two prior convictions of misdemeanor driving while under the influence of intoxicants to be equivalent to one conviction of felony driving while under the influence of intoxicants; and

(b) Consider felony driving while under the influence of intoxicants to be a person felony and consider misdemeanor driving while under the influence of intoxicants to be a person Class A misdemeanor. [1999 c.1049 §3]