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Under Oregon law, “under the influence” is defined as having one's physical or mental facilities are "adversely affected to a noticeable or perceptible degree” as the result of ingesting drugs and/or alcohol.
A DUII arrest will normally result in administrative (license related) penalties even if the person is never convicted in criminal court. And if the offender is ultimately convicted of a DUII, criminal penalties are imposed in addition to the administrative consequences.
|1st Offense||2nd Offense||3rd Offense|
|Jail||48 hours (or 80 hours community service) to 1 year||48 hours (or 80 hours community service) to 1 year||90 days (if convicted of DUII at least two times in the past 10 years) to 5 years|
|Fines||$1,000 ($2,000 if BAC is .15% or more) to $6,250 ($10,000 if passenger is under 18 years and is at least three years younger than the driver)||$1,500 ($2,000 if BAC is .15% or more) to $6,250 ($10,000 if passenger is under 18 years and is at least three years younger than the driver)||$2,000 (if the person is not sentenced to a term of imprisonment) to $125,000 (if convicted of a class C felony)|
|License Suspension||1 year||3 years||Permanent (may petition the court to restore license after 10 years)|
|Ignition Interlock Device||1 year||2 years||2 to 5 years (depending on the timing of prior convictions)|