Oregon DUII Lawyer: Portland DUII Attorney Kris Carrasco

Oregon DUII Lawyer: Portland DUII Attorney Kris Carrasco

Being charged with driving under the influence of intoxicants (DUII) in Oregon affects two things at once: your criminal case in court and your driving privileges with the Oregon DMV. Each one has its own rules and its own deadlines. Some of those deadlines are only days away. An experienced Oregon DUII lawyer can help protect your rights and your driving privileges, and can work to reduce the fines and penalties you face.

Kris Carrasco is licensed in both Oregon and Washington and represents people charged with DUII in Portland and around the Portland metro area. Many of them are Washington drivers who were stopped on the Oregon side of the river. This page explains how an Oregon DUII case works, what you are up against, and what to do next.

Arrested recently? You may have only 10 days to request a DMV hearing. Call (360) 975-4673 for a free case evaluation.

What Is DUII in Oregon?

Oregon calls the offense “DUII,” not “DUI.” Under ORS 813.010, you commit DUII if you drive a vehicle while you:

• Have a blood alcohol content (BAC) of 0.08 percent or more, as shown by a breath or blood test;
• Are under the influence of an intoxicant or a combination of intoxicants. This includes alcohol, cannabis, prescription medication, controlled substances, and inhalants, alone or combined; or
• Have a BAC of 0.08 percent or more within two hours after driving, without having had anything to drink in between.

So you can be charged even when your BAC is under 0.08 if the officer believes drugs, medication, or a mix of substances impaired you. When the State’s case relies on a controlled substance or an inhalant, it has to say so in the charging document and prove it (ORS 813.010(2)). The law also applies on “premises open to the public,” such as parking lots, and not only on public roads.

Lower limits apply for implied-consent (license) purposes. Commercial drivers fail a test at 0.04, and a driver under 21 fails with any amount of alcohol (ORS 813.130).

Oregon DUII Penalties

Most DUIIs are a Class A misdemeanor (ORS 813.010(4)). On top of any other sentence, every conviction brings mandatory consequences. Your actual sentence will depend on many factors, including your criminal history and the circumstances of the arrest.

First DUII Conviction

• Jail or community service: at least 48 hours in jail or community service set by the court, which cannot be suspended (ORS 813.020(2))
• Fine: at least $1,000, or at least $2,000 if your BAC was 0.15 or higher (ORS 813.010(6))
• Alcohol/drug screening and treatment, booking, and a conviction fee (ORS 813.020(1))
• Possible victim impact panel in counties that have one (ORS 813.020(3))
• License suspension under Schedule II of ORS 809.428 (ORS 813.400)
• Ignition interlock for one year after the suspension ends (ORS 813.602(1)(b))
• Probation is typical.

Second DUII Conviction

• Fine: at least $1,500, or at least $2,000 if your BAC was 0.15 or higher (ORS 813.010(6))
• A longer license suspension, plus ignition interlock for two years after the suspension ends (ORS 813.602(1)(c))
• Judges usually hand down longer jail time and closer supervision for a second offense.

Third DUII Conviction and Felony DUII

Oregon has two felony DUII rules:

• Third DUII in 10 years. Under ORS 813.011, a DUII is a Class C felony if you have at least two prior DUII convictions from the previous 10 years. Out-of-state convictions count. A conviction under this section carries a mandatory minimum of 90 days of incarceration that cannot be reduced for any reason. After one felony sentence under this section, every later DUII is a felony no matter how much time has passed.
• Fourth DUII in 10 years. Under ORS 813.010(5), a DUII committed in a motor vehicle is a Class C felony if you have three or more prior convictions (or juvenile adjudications) in the previous 10 years.

A Class C felony carries a maximum of 5 years in prison (ORS 161.605). For a third or later conviction, the minimum fine is $2,000 if you don’t receive a prison term (ORS 813.010(6)(d)). A felony DUII, or a third misdemeanor DUII, can lead to permanent revocation of your driving privileges (ORS 813.400(2)).

Child passengers: if a passenger under 18 was in the car and was at least three years younger than you, the maximum fine goes up to $10,000 (ORS 813.010(7)).

Implied Consent: Breath Tests, Refusals, and Your License

Under ORS 813.100, driving in Oregon means you have already agreed to a breath test if you are arrested for DUII. If you are getting medical care at a hospital right after a crash, that consent also covers a blood test. Before the test, the officer must tell you your rights and the consequences of taking or refusing it (ORS 813.130).

If you refuse, or if you fail the breath test, the officer will usually take your Oregon license and give you a notice of suspension that also works as a temporary permit.

How long the suspension lasts (ORS 813.420):

*Generally, this means you are in diversion now, or in the last 5 years you had an implied-consent suspension, a DUII conviction, or started a diversion (ORS 813.430).

Refusing is also a separate offense. Refusing a breath test, or a urine test that was properly requested, is a specific-fine traffic violation with a presumptive fine of $650, on top of the license suspension (ORS 813.095). The State may also offer the refusal as evidence at trial.

The 10-Day DMV Hearing Deadline

This is the most time-sensitive part of an Oregon DUII case. Under ORS 813.410, the DMV suspends your license on the 30th day after your arrest. You can ask for a hearing to challenge the suspension, but the DMV has to receive your request within 10 days of your arrest. If you took a blood test, the deadline is 10 days from the date the DMV sends the suspension notice, and the suspension starts on the 60th day after the DMV gets the police report.

Miss the deadline and the suspension usually happens automatically. A hearing can sometimes stop the suspension. It also gives your lawyer a chance to question the officer under oath early in the case, which can help in the criminal case.

Hardship permits: you may be able to get a hardship permit during the suspension, but only after a waiting period. That is generally 30 days for a failed test and 90 days for a refusal, and it gets longer if you have priors (ORS 813.520).

Oregon DUII Diversion

Many people charged with a first DUII can avoid a conviction through Oregon’s DUII diversion program (ORS 813.200–813.270). The basics:

• You file a petition and plead guilty or no contest. The court holds off on entering a conviction (ORS 813.230).
• The diversion period lasts one year (ORS 813.230(3)). In some cases you can ask for an extension (ORS 813.225).
• The petition filing fee is $490, and there are separate fees for screening and treatment (ORS 813.240).
• In most cases you’ll need an ignition interlock during diversion (ORS 813.602(3)).
• If you meet every condition, you can ask the court to dismiss the charge with prejudice (ORS 813.250).

Who is not eligible (ORS 813.215) includes anyone who, in the 15 years before the offense, had a DUII conviction or took part in a DUII diversion or similar program, whether in Oregon or another state. That can include a Washington deferred prosecution. Also not eligible: anyone with commercial driving privileges, anyone driving a commercial vehicle, and anyone whose case involved a crash that killed someone or injured someone other than the driver.

For the full details, see our Oregon DUII Diversion guide.

Ignition Interlock and Hardship Permits

Ignition interlock (ORS 813.602): after a DUII conviction, the DMV requires an approved interlock device in any vehicle you drive:

• before you can get a hardship permit, and for as long as you have it;
• for 1 year after the suspension ends for a first conviction, or 2 years for a second or later conviction;
• for 5 years in certain cases involving homicide or serious assault, or after a lifetime revocation has been lifted.

Driving without a required interlock is a Class A traffic violation.

Hardship permit (ORS 807.240): the DMV can issue a restricted permit if you show you need to drive for work, to look for work, to get to treatment, for regular medical care, or for necessary family services like grocery shopping or school drop-off. You’ll also have to file proof of future responsibility (SR-22 insurance) and show that your driving record doesn’t disqualify you.

Washington Drivers Arrested for DUII in Oregon

A lot of people in Vancouver, Camas, and Battle Ground work or go out in Portland. If you have a Washington license and are arrested for DUII in Oregon:

• Oregon can suspend your privilege to drive in Oregon. That includes the implied-consent suspension and a suspension after conviction. The 10-day hearing deadline still applies to you.
• Oregon will report a conviction to Washington. Both states belong to the Driver License Compact. Under Article III, Oregon reports the conviction to Washington’s Department of Licensing, and under Article IV, Washington must treat an out-of-state DUI conviction as if the conduct had happened in Washington when it decides whether to suspend, revoke, or limit your license (RCW 46.21.010). Read more about DUI license suspensions across state lines.
• An Oregon DUII can count as a prior offense in Washington. Washington’s DUI sentencing law treats an out-of-state conviction that would have been a DUI or physical control violation in Washington as a “prior offense.” The same goes for an out-of-state deferred prosecution that is equivalent to Washington’s, including a treatment requirement (RCW 46.61.5055(14)). Prior offenses raise mandatory minimums for a later Washington DUI and can contribute to a felony charge. See 2026 changes to Washington felony DUI law.
• Oregon counts Washington convictions too. An out-of-state DUI counts toward felony DUII (ORS 813.011), toward longer suspensions (ORS 813.430), and toward the diversion eligibility rules (ORS 813.215).
• Treatment and interlock requirements in two states can overlap, and the two systems don’t always line up. See our page on Washington ignition interlock requirements.

Because Kris Carrasco is licensed in both Oregon and Washington, he can advise you on how an Oregon case affects your Washington license and record. If you were arrested in Washington instead, see our Washington DUI defense page and our guide to the Washington DOL license hearing.

What to Do After an Oregon DUII Arrest

1. Write down the date of your arrest. Count 10 days forward. That is your DMV hearing deadline.
2. Read every paper the officer gave you, including the suspension notice, citation, and release documents, and keep them.
3. Don’t talk about the case with anyone except your lawyer, and don’t post about it online.
4. Write down what happened while you still remember it: where you were, what you ate and drank and when, the field sobriety tests, and what the officer said.
5. Call a DUII lawyer right away to request the DMV hearing on time and start reviewing the evidence, including the stop, the field sobriety tests, breath test procedures, and the video.
6. Go to every court date. Missing arraignment can lead to a warrant.

Why Choose Kris Carrasco as Your Oregon DUII Lawyer

Oregon DUII cases raise many complex legal issues, from the moment the officer decides to pull you over through trial and sentencing. Kris Carrasco reviews whether the stop and the arrest were legal, whether the implied-consent warnings were given correctly, and whether the breath or blood test results hold up. He will explain your options clearly, including diversion, negotiation, and trial, so you can make the best decision for your case. Every case is different, and no lawyer can promise a particular result. What he does promise is careful preparation and straight answers.

Call (360) 975-4673 or use our contact form for a free, no-obligation case evaluation.
Kris Carrasco Attorney at Law · 1014 Franklin St, Vancouver, WA · Licensed in Oregon and Washington

Oregon DUII FAQ

Is DUI the same as DUII in Oregon?

Yes. Oregon’s legal term is “driving under the influence of intoxicants” (DUII), and it covers alcohol, cannabis, and other drugs (ORS 813.010).

How long do I have to request a DMV hearing in Oregon?

Generally 10 days from your arrest. If you took a blood test, it’s 10 days from the date the DMV sends your notice (ORS 813.410).

What happens if I refuse a breath test in Oregon?

A one-year license suspension, or three years if you have priors. You also face a $650 presumptive fine, and the State may offer the refusal as evidence at trial (ORS 813.420, 813.095).

Is a third DUII a felony in Oregon?

It can be. A third DUII within 10 years of two prior convictions is a Class C felony with a 90-day mandatory minimum (ORS 813.011).

Can I get diversion with a Washington license?

Possibly. Where your license is from doesn’t decide eligibility. But a DUI conviction, or a deferred prosecution or similar program, anywhere in the past 15 years usually rules you out (ORS 813.215).

Will I need an ignition interlock?

In most cases, yes: during diversion, while you hold a hardship permit, and for 1 to 2 years after a conviction-based suspension ends (ORS 813.602).

Can I drive to work while suspended?

You may qualify for a hardship permit after a waiting period. You’ll need SR-22 insurance and an interlock (ORS 807.240, 813.520).

This page is general information, not legal advice. Reading it does not create an attorney-client relationship.