Oregon BAC Limits & DUI Consequences

0.08

Source: OR Driver Manual 2026-2027, "Impaired Driving," p.81: "If your blood alcohol concentration is 0.08% or more, Oregon law presumes you are impaired." Codified at ORS 813.010(1)(a). · Verified Apr 2026

Oregon is a zero-tolerance state for drivers under 21: any amount of alcohol in the blood is a failed test; the law is phrased as "any amount," not a numeric threshold (0.00 is shorthand for drilling). A driver under 21 who fails or refuses a breath or blood test faces suspension of driving privileges under the implied-consent law.

Source: OR Driver Manual 2026-2027, "Impaired Driving," p.83: "If you are under 21, you will fail the test if you have a blood alcohol concentration of any amount. Oregon has a zero tolerance law." Codified at ORS 813.300(3) ("any amount of alcohol in the blood constitutes being under the influence of intoxicating liquor"); implied-consent suspension mechanics at ORS 813.410 and 813.420. · Verified Jul 2026

A driver operating a commercial motor vehicle in Oregon with a blood alcohol concentration of 0.04 percent or more has commercial driving privileges suspended for one year. This limit is not stated in the Class C driver manual; it comes from the commercial-privilege suspension statute and mirrors the federal CDL standard.

Source: ORS 809.510(3): "The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report from a police officer pursuant to ORS 813.120 ... that the person was driving a commercial motor vehicle and submitted to a breath or blood test and the level of alcohol in the person's blood was 0.04 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood." Mirrors federal 49 CFR 383.51. Not stated in the 2026-2027 Class C driver manual. · Verified Jul 2026

By driving any motor vehicle on Oregon premises open to the public, you have automatically consented to a breath, blood, or urine test if requested by a police officer who has reasonable grounds to suspect impairment. Refusal, first offense with no qualifying prior in the last 5 years: License suspension: 1 year, taking effect on the 30th day after the arrest (ORS 813.410, 813.420(1)). Fine: $650. Refusal is a specific fine traffic violation and the fine is separate from any fine in the DUII case (ORS 813.095(2)). There is no published higher ceiling and the fine does not escalate for a repeat; the escalation is in license time. Refusal itself can be used as evidence in court. Refusal where any of the following occurred within 5 years before the arrest: a DUII conviction in Oregon or any other jurisdiction; participation in a diversion or similar alcohol or drug program in Oregon or any other jurisdiction; or a suspension under the Oregon implied consent law: License suspension: 3 years (ORS 813.420(2), ORS 813.430). Test failure (BAC at or above the legal limit): License suspension: 90 days first failure, 1 year where the same 5-year increase applies (ORS 813.420(3), (4)). Hearing rights: written request must be filed within 10 days of arrest. Under-21 drivers face suspension on any measurable BAC under the zero-tolerance scheme (ORS 813.300).

Source: ORS 813.095(2): "The offense described in this section, refusal to take a test for intoxicants, is a specific fine traffic violation. The presumptive fine for refusal to take a test for intoxicants is $650. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants." Suspension lengths from ORS 813.420(1)-(4). The three qualifying priors and the 30th-day start date from Oregon DMV Form 6826 (DUII Convictions, Suspensions, Hardship Permits and Reinstatements): "Suspension lengths are 'increased' if any of the following occurred within five years prior to this arrest: DUII conviction in Oregon or any other jurisdiction; participation in a diversion or similar alcohol or drug program in Oregon or any other jurisdiction; or a suspension of driving privileges under the Oregon Implied Consent Law" and "Suspensions for breath test refusal or failure take effect on the 30th day following the arrest." Corrects an earlier value that gave the fine as "$650 minimum, up to $1,000" and listed only two qualifying priors; neither the statute nor DMV publishes a $1,000 ceiling, and the diversion prior was missing. Narrative framing from OR Driver Manual 2026-2027, "Impaired Driving," p.82. · Verified Aug 2026

A first-offense DUII (driving under the influence of intoxicants) in Oregon is a Class A misdemeanor under ORS 813.010. Fines: $1,000 mandatory minimum for a first offense; $2,000 minimum if BAC was 0.15% or more. The maximum is the ordinary Class A misdemeanor cap of $6,250 (ORS 161.635), rising to $10,000 if there was a passenger under 18 who was at least three years younger than the driver (ORS 813.010(7)). Jail or community service: at least 48 hours' imprisonment, or community service in the court-set range of 80 to 250 hours (ORS 813.020; ORS 137.129). The Class A misdemeanor maximum is 364 days (ORS 161.615). License suspension: on a first conviction, DMV suspends driving privileges for one year (ORS 813.400; Schedule II, ORS 809.428). Separately, implied-consent suspensions can follow the arrest itself: 90 days for failing a breath or blood test, one year for refusing one (ORS 813.420). Ignition interlock: required for one year after the conviction suspension ends (ORS 813.602(1)). DUII Diversion Program: a first-time offender may petition under ORS 813.200 et seq.; the agreement runs one year from the date the court allows the petition (ORS 813.230), and completion results in dismissal. Diversion is barred if the defendant had a DUII conviction or diversion within the prior 15 years, held commercial driving privileges on the offense date, was operating a commercial motor vehicle, or the offense involved an accident causing the death of any person or physical injury to anyone other than the defendant (ORS 813.215(1)). Other consequences: a screening interview and completion of the referred alcohol/drug treatment program (ORS 813.021); a victim-impact treatment session if ordered by the court in a county with a program (ORS 813.020); and an SR-22 financial-responsibility filing maintained for three years from when the filing is required (ORS 806.245).

Source: Oregon Driver Manual 2026-2027 covers DUII and implied consent at pp. 82-83 but does not detail penalties. ORS 813.010(4), (6)(b), (6)(e)(A), (7) (Class A misdemeanor; $1,000 first-offense and $2,000 high-BAC minimum fines; $10,000 cap with qualifying minor passenger); ORS 813.020(1)-(3) and ORS 813.021 (48-hour minimum imprisonment or community service, screening/treatment, county-conditional victim-impact session); ORS 137.129(4) (80-250 hr community-service range); ORS 161.615(1) (364-day jail cap); ORS 161.635(1)(a) ($6,250 fine cap); ORS 813.400(1) with ORS 809.428(2)(a) Schedule II (1-year conviction suspension); ORS 813.420(1), (3) (implied-consent suspensions: 90 days test failure, 1 year refusal); ORS 813.602(1)(b) (1-year ignition interlock after suspension); ORS 813.200-813.230, ORS 813.215(1), and ORS 813.250(1) (diversion; 1-year agreement; eligibility bars; dismissal with prejudice on completion); ORS 806.245(2) (3-year financial-responsibility filing). · Verified Jul 2026

Required after any DUII conviction. Required for at least 1 year after license reinstatement on a first DUII conviction; 2 years on a subsequent conviction. Also required for participants in the DUII Diversion Program for the duration of the diversion period (typically 1 year). The device prevents the vehicle from starting if it detects alcohol on the driver's breath above a calibrated threshold (typically 0.025 BAC).

Source: ORS 813.602 (mandatory ignition interlock device after DUII); ORS 813.604 (interlock specifications); ORS 813.635 (required during DUII Diversion). · Verified Apr 2026